Maharashtra Archery Association vs Rahul Mehra

The amended constitution shall be filed before this Court and a copy whereof be supplied to Mr. Narasimha, learned Additional Solicitor General and Mr Rahul Mehra, respondent­in­person. But the filing of the amended constitution will not postpone the election, as directed hereinabove. To elaborate, amendment shall be incorporated stating the same as an order of the Court within a week hence and thereafter Mr. Quraishi shall proceed to hold the election in accordance with the constitution which will come into existence by virtue of the order passed today.

4. As a matter of fact, the contentious issues regarding the relevant amendment carried out to the Constitution of AAI stood resolved in terms of this order. Further, this Court issued certain peremptory directions to the Administrator to ensure compliance thereof within the timeline specified in the order. The appeals could have been disposed of in terms of the said order itself, but the same were kept pending with a sanguine hope that the directions given therein would be complied with within the time­frame specified in the order and that the compliance report would be submitted by the Administrator in that regard. The appellant (AAI) filed an application before this Court on 11 th December, 2017, being I.A. No.135882 of 2017 and placed on record the final amended Constitution in terms of the order of this Court dated 4th December, 2017. The appellant (AAI) then filed a separate I.A. No.132436 of 2018 on 13 th September, 2018, seeking directions to hold elections as per the Court approved Constitution.

19. For the time being, without any hesitation, we are of the considered opinion that all steps taken by the Administrator, including the elections conducted by him on the basis of the Constitution (as amended by him), will have to be treated as null and void and non est in law. The parties will have to be 6 (2016) 8 SCC 535 21 relegated to the position as on 4th December, 2017, consequent to incorporation of the four amendments approved in terms of the same order. After carrying out those four amendments in the Constitution, the election will have to be conducted to constitute the new body, which would then take steps to introduce further amendments to the Constitution, if so required, to bring it in line with the National Sports Code, after giving an opportunity to all concerned. Only after the amendments are accepted and approved, fresh elections be conducted for constituting a new body in conformity with such duly amended Constitution.

22. In view of the above, we dispose of these appeals and all the applications on the following basis:

Further, the High Court­appointed Administrator stands relieved in terms of this order. The elected body, in office, would continue to function hereafter as a Committee of Administrators appointed in terms of this order. We deem it appropriate to allow this Committee to continue in office as nothing adverse has been brought to our notice for their continuation until the newly elected body takes over. However, the Committee shall discharge only routine and day­to­day activities and shall not take any policy decision or create new financial liability, until the newly elected body takes over.

(IV) The election for constituting the new elected body be completed by the aforementioned Committee appointed by this Court within four weeks from today and the election process must be conducted strictly in accordance with the Constitution as amended in terms of order dated 4th December, 2017.

(V) The newly elected body, after taking over the office, shall move a proposal for further amendment of the Constitution to bring it in line with the National Sports Code and that process be taken to its logical end expeditiously.

(VI) Any issue arising from such amendment may be raised before the High Court where the main matter i.e. Writ Petition (Civil) No.195/2010 is pending. That writ petition be decided on its own merits and in accordance with law.

(VII) The Committee shall submit a compliance report before the High Court immediately after the newly elected body takes over the office but not later than six weeks from today. Issues concerning the said report may also be considered by the High Court on their own merits in accordance with law.

23. The appeals are allowed in the aforementioned terms. All the applications are disposed of.

24. While parting, we place on record our word of appreciation for the services rendered by the High Court appointed Administrator Mr. S.Y. Quraishi. We also appreciate 26 the sincere effort of respondent No.1 for the cause of sports and for introducing reforms in the functioning of the apex body (AAI).

May 01, 2019.