RAHUL MEHRA Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) On 15.12.2016, this Court had stayed the election process of the All India Football Federation (AIFF), of which the applicant seeks vacation and/or modification. The order reads as under:

(2.) Earlier, apropos a challenge to the election of the Archery Association of India (AAI), this Court on 15.10.2012 had passed the following order: "CM No.5982/2012 (of the petitioner for directions)

(3.) The applicant contends that once initiated, the election process should not be stayed and that the order of 15.12.2016 was passed in the absence of its counsel. The applicant is a registered Society, governed by its constitution which provides a detailed mechanism for conducting its elections and the applicant is required to adhere to the same; that in compliance of this Court's order dated 18.12.2012 the election process was initiated on 17.11.2016 according to the Society's Bye-laws, Rules and Regulations, as well as the National Sports Code. It is contended that the election was to be held on 21.12.2016 in its Annual General Meeting; that a retired Judge of a High Court had been appointed as the Returning Officer on 25.11.2016, on which date the Electoral Roll of the applicant Society had been furnished to him; the agenda of Annual General Meeting was sent to the Society's members on 5th December, 2016. On 24.11.2016 the Secretary General, Indian Olympic Association (IOA)/ had appointed Observers for the AGM. On 17.12.2016 nominations of the candidates were duly scrutinized by the Returning Officer and a list of candidates with valid nominations were prepared. The date for filing valid nominations was 10.12.2016. The applicant further submits that in consonance with the guidelines of the Sports Code, candidates whose nominations were equal to the number of posts required to be filled in the elections, were deemed to be elected unopposed; that the National Sports Code and the rules and regulations of the applicant are not incongruous in particular, Clause 9 of the Model Election Guidelines. On 11.12.2016, the list of candidates for the various posts was circulated with the intimation that the formal announcement for the successful (elected) candidates will be made in the agenda of the meeting proposed to be held on 21.12.2016.