Delve into the significant legal proceedings led by the Supreme Court of India for the governance reformation of the Archery Association of India. Witness the meticulous examination of existing structures and the pursuit of transparency in sports governance. Stay informed about the transformative steps taken for the betterment of sports administration by following this case closely.
Facts
- Several interim orders were passed in a writ petition which are not relevant to the current proceedings.
- Special leave petitions were filed in response to the High Court’s order dated 10 August, 2017 in a related petition for the appointment of an Administrator/Returning Officer and to stay a notice from AAI.
- The Writ Petition (Civil) No. 195 of 2010 was filed by the petitioner, focusing on transparency in the governance of the Archery Association of India (AAI).
- Routine expenses of AAI will be approved by the Administrator appointed by the Court.
- The Court appointed Mr. S.Y. Quraishi, Former Chief Election Commissioner of India, as the Administrator-cum-Returning Officer for AAI.
- Mr. Quraishi will resolve the issue of disaffiliation of members/units by 15.12.2016 within one month, regularizing memberships if possible.
- He will prepare the Electoral College and conduct elections within six weeks, ensuring amendments to the Constitution as per the National Sports Code.
- Another round of elections will be held following the amendments, ensuring age, tenure restrictions, and sports persons representation compliance.
- The entire process should be completed within 4 months, with AAI providing necessary office space, facilities, and personnel for Mr. Quraishi’s assistance.
- AAI cannot make new financial commitments without the Administrator’s prior approval until the elections are conducted and results declared.
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Arguments
- Amendments have been made to the constitution but they do not align with the National Sports Development Code, 2011 (NSDCI) of the Ministry of Youth Affairs and Sports (MYAS).
- Mr. Gupta, learned senior counsel for ARG, pointed out the deviations in the amendment which need to be addressed.
- Mr. Salwan, learned counsel for ARG, also agreed to the need for the amendment.
- Both counsels have agreed that the amendment will be carried out within a week.
Analysis
- The Union of India prayed for time to verify the position regarding affiliation of State Associations as members of the NSDCI.
- The grievance of the appellant(s) was that the Administrator made unauthorized amendments to the Constitution without permission from stakeholders or this Court.
- The right to form an Association is contingent on government recognition, impacting the membership of government servants.
- The AAI Constitution lacked provisions for secret ballot during office bearers’ elections.
- Various applications were filed objecting to the Administrator’s unconstitutional actions, including conducting elections.
- The Administrator’s actions, beyond court-approved amendments, were deemed unauthorized and prejudicial to appellant Association(s).
- The Administrator’s additional amendments to the Constitution were not approved by the Court and were considered non-existent in law.
- The Court held that any further amendments should adhere to the AAI Constitution and the court-approved order of December 4, 2017.
- The Administrator’s actions resulted in denying representation rights to existing AAI members and caused serious prejudice.
- The Court emphasized the need for compliance with its orders and the Constitution, nullifying any unauthorized actions taken by the Administrator.
- Constitution of AAI allows for up to three persons to be granted the title of Honorary Life President without voting rights.
- This recognition is for the services provided by past Presidents of AAI.
- NSDCI does not address the provision for bestowing the title of Honorary Life President.
- NSDCI mandates that the election of office bearers of an NSF must adhere to the Model Election Bye-laws outlined in the document.
- The court has deemed it unnecessary to determine if there is any deviation from the National Sports Code as argued by the respondents and the Administrator’s counsel.
- The controversy cannot be settled based on the perceptions of the World Archery body, despite apprehensions expressed by the respondents regarding their reactions.
- The High Court will be guided by previous cases like Sheela Barse Vs. Union of India and Ors., K. Murugan Vs. Fencing Association of India, Jabalpur and Ors., and Board of Control for Cricket in India Vs. Cricket Association of Bihar and Ors.
- The High Court will examine all aspects of the matter on their own merits in accordance with the law.
- The High Court may consider the argument that the decision in Board of Control for Cricket case may not apply as Cricket is not one of the sports covered under the National Sports Code.
- The dispensation to be followed must be in conformity with the National Sports Code in relation to AAI.
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Decision
- The High Court-appointed Administrator, Mr. S.Y. Quraishi, will supervise the elections within four weeks of the constitution coming into force.
- The elections must be conducted in accordance with the constitution amended by the court’s order dated December 4, 2017.
- The parties will be reverted to their positions as of December 4, 2017, after the incorporation of four approved amendments.
- Until the newly elected body takes over, the current Committee will continue its routine activities but cannot make policy decisions or create new financial liabilities.
- The elections for the new elected body must be completed within four weeks by the appointed Committee, following the rules of the amended constitution from December 4, 2017.
- The newly elected body, upon taking office, must propose further amendments to align the constitution with the National Sports Code.
- Any issues arising from such amendments may be raised in the High Court where the main writ petition is pending.
- The Committee must submit a compliance report to the High Court within six weeks of the new body taking over its office.
- Appreciation is extended to the High Court-appointed Administrator, Mr. S.Y. Quraishi, for his services.
- Acknowledgment is given to the efforts of Mr. S.Y. Quraishi and respondent No.1 for their contributions to sports reform.
- The main writ petition is to be deliberated in the High Court of Delhi for comprehensive resolution of all issues.
- The constitution as amended in the court’s order is to be filed and provided to concerned parties without delaying the elections.
- The constitution is declared amended only with the four amendments from December 4, 2017, while other amendments are considered null and void.
- Steps taken by the Administrator based on his constitution, including the elections, are deemed null and void.
- All parties are reverted to their positions after the four amendments of December 4, 2017; the Administrator is relieved.
- The elected body will function as a Committee of Administrators, open for further consideration at an appropriate stage.
Case Title: MAHARASHTRA ARCHERY ASSOCIATION Vs. RAHUL MEHRA
Case Number: C.A. No.-004771-004771 / 2019
