RAHUL MEHRA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The applicant seeks inter alia appointment of an Administrator/Returning officer for compliance of this Court's order dated 15.12.2016, as well as stay of the notice dated 02.03.2017 of the Archery Association of India (AAI) calling for an emergency meeting of the General Council on 15.03.2017 and in the alternative, to stay the outcome of such meeting if held, till the Court appoints an Administrator/Returning Officer to conduct elections of the AAI in accordance with this Court's order dated 15.12.2016.

(2.) On 15.12.2016, this Court passed the following orders:("application) Issue notice. Mr. Anil Soni accepts notice for respondent nos. 1 & 2. Issue notice to respondent nos. 3 to 13, returnable on 20.01.2017. The petitioner urges that the elections to All India Football Federation are prima facie in conflict with the directions of this Court and relies upon the previous orders dated 11.04.2012, 25.04.2012, 13.09.2012, 17.09.2012 and 18.12.2012. The last order i.e. order dated 18.12.2012 was in respect of elections to the All India Football Federation. The Court had suspended the election proceedings and in the other order, the Court had directed that elections to the National Sports Federations/Indian Olympic Association (IOA), as the case may be, ought to be conducted not only as per the applicable rules of the institution concerned, but also in consonance with the National Sports Code of the Govt. of India and the elections guidelines contained therein - both with respect to conduct as well as eligibility conditions including age, tenure and restrictions. In the circumstances, prima facie we are of the opinion that the elections scheduled for 21.12.2016 to the All India Football Federation should be stayed. It is hereby so directed. The All India Football Federation - respondent No. 8, which is a party in these proceedings - is hereby restrained from completing its election scheduled for 21.12.2016. Union of India is hereby directed to ensure that the elections to the Archery Association of India (AAI) are conducted in consonance with the constitution of the said institution, the National Sports Code and also in conformity of the orders of this Court dated 17.09.2012 & 15.10.2012 in CM No. 5982/2012, especially paras 4 and 7 of the order dated 15.10.2012. It is also directed that complaints of the States/Union Territories/Institutions for inclusion of their names in the Electoral College should also be resolved before the date of the elections. The election process shall be completed not later than 31.03.2017....."

(3.) The applicant contends that although the Constitution of the AAI strictly stipulates under clause 1 sub-clause (iv) & (vi) of Chapter XI titled "Meetings" that a General Council meeting can be held only after giving clear 30 days notice to all its members; however, the AAI hurriedly called for an emergent meeting on 15.03.2017 by a notice dated 02.03.2017 and the mandated notice period was not complied with. The applicant refers to Chapter XIII of the said Constitution which reads as under: