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Delhi High Court

Rahul Mehra vs Union Of India And Ors. on 10 August, 2017

Author: Najmi Waziri

Bench: S. Ravindra Bhat, Najmi Waziri

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                               Decided on 10.08.2017

+                              WP (C) No. 195/2010

RAHUL MEHRA                                              ..... Petitioner
                               Through:   Mr. Rahul Mehra, petitioner in
                                          person.

                               Versus

UNION OF INDIA AND ORS.                     .....Respondents
                  Through: Mr. Sushil Dutt Salwan with Mr.
                  Aditya Garg and Ms. Himani Kaushik, Advs. for
                  R-6.
                  Mr. Hemant Phalpher, Adv. for R-4.
                  Mr. Anil Soni, CGSC for UOI.
                  Mr. Premtosh Mishra with Ms. Yojna Goyal and
                  Ms. Saloni Agarwal, Advs. for R-8.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE NAJMI WAZIRI

NAJMI WAZIRI, J

CM No. 10461/2017
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




CM No. 10461/2017 in WP(C) 195 of 2010                             Page 1 of 19
 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:

            "CM No.5982/2012 in WP(C) 195/2010 ( Disposed off
            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



CM No. 10461/2017 in WP(C) 195 of 2010                              Page 2 of 19
             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:

               "No amendments shall be made to the Rules and
            Regulations of AAI except at the Annual General Meeting of
            the General Council and by a two-third vote of all the
            members present. All proposed amendments must be
            presented to the Honorary Secretary General in writing at
            least 15 days before the date of the Annual General Meeting
            of the General Council and forwarded by him to all
            members of AAI in due course."

4.     The applicant also refers to the letter dated 10.03.2017 from the
President of the Archery Association of Assam in which he objected to the
holding of the so-called emergent General Council meeting. A letter dated




CM No. 10461/2017 in WP(C) 195 of 2010                           Page 3 of 19
 11.03.2017 from the General Secretary of the Pondicherry Association
expressed its anguish and concern regarding the unexplained disaffiliation
of the Pondicherry Archery Association, which had otherwise been its
member for more than 17 years. The applicant contends that Clause IV of
Chapter II titled "Qualification of Membership and Fee" has been violated
because it provides for restoration of the privileges and membership of the
defaulting member state upon the latter paying the late fee and arrears of
other dues etc. along with 20% surcharge amount towards penalty. The
applicant also refers to the representation dated 13th March, 2017 of Mr.
B.V.P. Rao, Vice President of Archery Association of Assam whereby he
opposed the proposed exercise to amend the Constitution of the AAI in its
emergency General Council Meeting as the AAI stands derecognised by the
Government of India and comprises of persons who have exhausted their
elected mandate and tenure.

5.     The applicant contends that the elections should be held as per the
Constitution of the AAI and the stipulations of the National Sports Code,
especially regarding age and tenure restrictions. Such a newly constituted
body should immediately form a committee to ensure amendment of its
Constitution within a stipulated time period in order to adopt principles of
good governance and best international practices prescribed in the National
Sports Code.

6.     Opposing the application and refuting the applicant's contentions, the
respondent/AAI (Association) contends that its exercise of amending its
Constitution and bye-laws is only to bring it in conformity with the
National Sports Development Code of India - 2011, in compliance of this



CM No. 10461/2017 in WP(C) 195 of 2010                           Page 4 of 19
 Court's order dated 15.12.2016. The amendment was proposed much earlier
in time, so that the elections of its new executive body are concluded before
31.03.2017. The Association submits that its process of bringing its
Constitution in conformity with the National Spots Development Code of
India - 2011 began soon after the meeting of its Executive Committee in
September, 2016. The amendment was considered all the more imperative
in view of the conditions imposed by the Government that the Constitution
must first be amended and only thereafter the elections should be held.
Hence, on 22.12.2016, the Executive Committee of the Association
resolved to adopt the National Sports Code and to amend its Constitution
accordingly. It addressed a letter intimating the Government of India of its
proposal to amend the Constitution; this was followed up with a meeting on
22.12.2016 with officials of the Ministry of Youth Affairs and Sports. By a
letter dated 03.03.2017, the Ministry asked the AAI to bring its Constitution
in conformity with the National Sports Code and suggested four more
amendments. The General Secretary of the Association called an emergent
meeting of the General Council with a notice period of 10 days to comply
with this Court's orders/directions dated 15.12.2016. It is stated that the
meeting was attended by representatives of 25 State/UT units and barring 5-
6 people, the amendments were supported by the other representatives.
Hence, the assembly of these representatives adopted the modified
Constitution which is supposedly in line with the National Sports Code. It
is stated that the elections of the Association would then be carried out in
terms of the amended Constitution.




CM No. 10461/2017 in WP(C) 195 of 2010                          Page 5 of 19
 7.     In response to the application, the Government of India contends that
the AAI was derecognised on 17.12.2012 and the present application relates
to the internal affairs of the AAI with which the government is not
concerned; however, since the International Archery Federation accepts
participation of teams/sportspersons only through AAI, the Government is
constrained to deal with the AAI to the extent of sending entries of
teams/sportspersons for           participation in   international events. The
Government denies that it has handed over charge of the AAI to Mr. Anil
Kamneni. Furthermore, the Government states that it is not dealing with
any office bearer of the de-recognized AAI; that the holding of elections
within the stipulated period and in conformity with the National Sports
Code is the responsibility of the concerned NSF i.e. AAI and that the
Government has no role in appointment of Returning Officer for the same.
It is, however, contended that unless the NSF complies with all the
provisions of the National Sports Code including (i) tenure and age
restrictions of their office bearers, (ii) electing minimum 25% sportspersons
with voting rights in their Executive Council and (iii) holding of free and
fair elections, the Government would not consider grant of its recognition to
such Sports Federation i.e. AAI in this case. The Government refers to its
communication dated 22.12.2016 reminding the AAI that elections of the
office bearers must be completed by 31.03.2017.

8.     On 17.09.2012, this Court had passed the following order:

            CM No.5982/2012

                  Mr. Rahul Mehra submits that a General Council
            meeting of the Archery Association of India is scheduled to




CM No. 10461/2017 in WP(C) 195 of 2010                             Page 6 of 19
             be held on 29.9.2012, when elections will also be held.
            Attention of this Court is drawn to the order dated
            11.4.2012 passed by this Court in similar cases in respect of
            other Associations wherein direction is given for holding
            the elections as per the provisions of the Bye-laws /
            Memorandum / Rules of those Associations as well as the
            Sports Code of the Government of India. Following that
            order, we direct that only if the elections of Archery
            Association of India are held in accordance with the
            aforesaid provisions, the Government of India shall accord
            recognition thereto and not otherwise.

                    List on 15th October, 2012.

                  A copy of the order dated 13.9.2012 passed in this
            matter be given dasti to all the parties."

9.     On 15.10.2012, the following order was passed:-

            "CM No.5982/2012 (of the petitioner for directions)

             1. This application pertains to the Archery Association of
            India (AAI). On 17.09.2012, it was informed that a General
            Council Meeting of the AAI was scheduled to be held on
            29.09.2012, when the elections of the AAI were also to be
            held. Vide order of the said date, it was directed that only if
            elections of AAI are held in accordance with its Bye-laws /
            Memorandum / Rules as well as the Sports Code of the
            Government of India, will the Government of India accord
            recognition to the AAI and not otherwise.

            2. The petitioner today informs that the elections were not so
            held on 29.09.2012. He has handed over in the Court a copy
            of the letter dated 08.10.2012 of the AAI to the Presidents /
            Secretaries of affiliated Regular State Associations / Units
            and to the Executive Members of the AAI laying down the



CM No. 10461/2017 in WP(C) 195 of 2010                             Page 7 of 19
             schedule of the elections now proposed to          be held on
            28.10.2012. He further states that though         Justice J.D.
            Kapoor (Retd.) has been appointed by the           AAI as the
            Returning Officer for the elections but the       elections as
            proposed to be held are in contravention of       the National
            Sports Development Code of India, 2011.

            The following contraventions have been pointed out:

            (a) that as per the letter dated 08.10.2012 supra, the
            nominations are to be submitted either in person or through
            registered post in a sealed envelope though addressed to the
            Returning Officer but at the address of Sh. Vijay Kumar
            Malhotra, the present President of the AAI. It is argued that
            since Sh. Vijay Kumar Malhotra is also one of the
            contestants in the proposed elections, the submission of
            nominations at his address is improper;

            (b) that there is no certainty of the Electoral College and the
            same is being tampered with. Attention in this regard is
            invited to the list of affiliated Units of the AAI as on
            01.04.2008 and as earlier appeared on the website of the
            AAI and which included Himachal Pradesh Archery
            Association (HPAA) and Uttarakhand Archery Association
            (UAA). Attention is next invited to the list of affiliated Units
            as on 01.04.2008 as now appearing on the website of the
            AAI and from which list, the aforesaid HPAA and UAA are
            missing. It is contended that the persons who have been in
            the management and control of the AAI for decades, have
            attempted to remove the said two Associations from the
            Electoral College apprehending that they will not vote in
            favour of the said persons. Similarly, it is contended that the
            Associations of the State of Mizoram, Tripura and
            Arunachal Pradesh have been removed from the Electoral
            College. Correspondence in this regard with the Arunachal



CM No. 10461/2017 in WP(C) 195 of 2010                              Page 8 of 19
             Pradesh Archery Association is also handed over. Copy of
            the letters written by the Archery Association of Assam
            expressing doubts as to the fairness of the elections
            proposed to be held are also handed over;

            (c) that the letter dated 08.10.2012 does not prescribe that
            the elections will be held by secret ballot;

            (d) that the Forms of nomination and withdrawal of
            nomination prescribed are different from the Model Forms
            prescribed in the Code aforesaid; and

            (e) that no time for campaigning has been given, again with
            a view to not allow any other person to contest the elections.

            3. We find that Clause 4(4) of the Model Election Guidelines
            to be followed by all National Sports Federations (as AAI is)
            contained in the Code, require each Member State / Union
            Territory to intimate the names of their representatives by a
            specified date and Clause 4(5) requires the National Sports
            Federation to prepare a list of such Authorized
            Representatives and circulate a copy of the said list to all
            member States / Union Territories / Boards / Institutions by
            display on the website. Clause 4(6) requires the President /
            Secretary General of the Federation to furnish the said list
            immediately to the Returning Officer also. A perusal of the
            letter dated 08.10.2012 shows that the date of 15.10.2012
            has been prescribed for receipt of names of representatives
            from member Associations / Units and of 16.10.2012 has
            been prescribed for finalization and delivery of authorized
            list of Representatives to the Returning Officer. No date for
            circulating the list of Authorized Representatives of the
            member States / Union Territories / Board / Institutions to
            all member States / Union Territories / Board / Institutions
            or for publication on the website has been prescribed.




CM No. 10461/2017 in WP(C) 195 of 2010                             Page 9 of 19
             Rather, the dates of 18.10.2012 to 22.10.2012 immediately
            thereafter have been prescribed for submission of
            nomination forms. Upon the same being brought to the
            attention of the senior counsel for the AAI, he states that
            even though no date for such circulation in compliance with
            Clause 4(4) to 4(6) has been prescribed but in compliance
            therewith, upon finalization of the list on 16.10.2012, it shall
            be put up on the website. We are however of the opinion that
            the very purpose of so displaying the list on the website and
            / or circulating it, is to enable the persons if any aggrieved
            from the said list to make representations. The schedule of
            the proposed elections as fixed in the letter dated
            08.10.2012 does not leave scope for any objections to be
            preferred to the list to be so circulated.

            4. Mr. Mehra has in this regard also drawn our attention to
            the letter dated 01.11.2011 of the Government of India to
            the Gymnastic Federation of India regarding its elections
            and which letter is to be read as part of the Code,
            prescribing the stages of:

         issuance of notice for election and inviting the names of
          representatives from state Units to form Electoral College;
         publication of Electoral College;
         appointment of Returning Officer;
         Returning Officer to call nominations;
         Screening of nominations by Returning Officer;
         Publication of valid nominations also indicating the details
          of invalid nominations by the Returning Officer;
         Time for withdrawal of nominations;
         Publication of final list of candidates by Returning Officer;
         Adequate time for canvassing;
         Holding of elections by secret ballot by the Returning
          Officer; and




CM No. 10461/2017 in WP(C) 195 of 2010                              Page 10 of 19
          Announcement of election results by the Returning Officer
          with reasonable time gaps, in the election process.

            He has contended that the election process, as prescribed in
            the Code, is to be in the aforesaid manner; the process
            prescribed in the letter dated 08.10.2012 is thus not as per
            the Code and leaves scope for mischief.

            5. Attention is also invited to the letter dated 24.12.2009 of
            the Government Observer for elections to Hockey India,
            2010, also requiring publication of the list of contestants
            drawn after scrutiny, for information of all contestants and
            Electoral College members and further prescribing election
            by secret ballot.

            6. Reference in this regard is also made to the judgment
            dated 04.01.2012 in W.P.(C) No.4860/2011 titled Haryana
            Wrestling Association Vs. Wrestling Federation of India of a
            Single Judge of this Court, also holding the elections to have
            been not held fairly on account of tight time schedule fixed
            for conduct of the elections.

            7. The Model Guidelines supra in the Sports Code, vide
            Clause 6(4) require the nominations to be personally
            delivered to the Returning Officer in person by the
            candidate himself / herself. The procedure prescribed in the
            letter dated 08.10.2012 of the AAI, of filing of nominations
            in person or through registered post at the address of the
            President of the AAI is thus not in accordance with the
            Sports Code.

            8. Faced with the same, the senior counsel for the AAI states
            that the necessary modifications shall be issued.

            9. The nomination forms as prescribed in the letter dated
            08.10.2012 are indeed not as per the Model Forms




CM No. 10461/2017 in WP(C) 195 of 2010                             Page 11 of 19
             prescribed in the Guidelines aforesaid. The same require the
            nomination paper to prescribe the 'serial number in the
            Electoral College' and which column is missing from the
            nomination form prescribed by the AAI. Mr. Mehra
            contends that it has been so deleted since the Electoral
            College is being manipulated. The same is the position vis-
            a-vis the withdrawal form.

            10. This Court has already on 17.09.2012 directed the
            Elections to be held as per the Sports Code. Variations in
            the election process initiated by the AAI from the Sports
            Code having been noticed, it is deemed expedient to direct
            fresh steps for holding of the elections to be taken and
            strictly in accordance with the Sports Code and rectifying
            the defects hereinabove noted.

            11. Since Justice J.D. Kapoor (Retd.) is informed to be
            appointed as Returning Officer, we request the Returning
            Officer to look into all the aforesaid aspects and the other
            requirements as per the Code and to lay down the fresh
            schedule for conduct of the elections, rectifying the
            aforesaid defects and strictly in accordance with the Code.
            The complaints of the States / Union Territories /
            Institutions for inclusion in the Electoral College be also
            resolved before the same. However the election process be
            completed as soon as possible.

            12. AAI to immediately furnish copy of this order to the
            Returning Officer for compliance.

            13. With the aforesaid directions, the application is disposed
            of.




CM No. 10461/2017 in WP(C) 195 of 2010                             Page 12 of 19
 10.    In view of the pendency of this application, the Court had on
27.03.2017 suspended the direction to AAI to complete the elections by
31.03.2017.

11.    This Court's direction of 15.12.2016 required the AAI to conduct its
election by 31.03.2017.          The imperatives of the order were that (i) the
elections be held in consonance with the Constitution of the said
Association; (ii) in conformity with the National Sport Code as well as
orders of this court dated 17th September and 15th October, 2012; and (iii)
resolution of the complaints/redressal of grievances of                member
units/representatives regarding inclusion of their names in the electoral
college before such elections.

12.    The Archery Association of India, as the National Sports Federation
for archery in the country represents the entire territory of India.           Its
activities should extend to and it should be represented from all parts of the
country. However, as noted above, Assam and Pondicherry units had an
objection to the manner of amendment to its Constitution. The Pondicherry
unit had not even been intimated of this important exercise. Indeed, the
latter has been kept out of the administrative ambit for years and its
participation, both in the affairs of the Association and its elections, is not
representative of the entire country as per the AAI Constitution. Active
participation of the Pondicherry unit, along with other units whose
memberships have been under suspension would have to be first resolved in
terms of the Constitution, prior to any proposed amendment and definitely
prior to the proposed elections. These units would be required to be part of
the Electoral College so that they are all adequately and appropriately



CM No. 10461/2017 in WP(C) 195 of 2010                             Page 13 of 19
 represented. A perusal of the Roll Call of the Emergent Meeting held on
15.03.2015, would reveal that a number of states in the east of India,
especially those which have a rich tradition of the sport of archery, were not
represented.       These include Meghalaya, Mizoram, Nagaland, Orissa,
Sikkim, West Bengal and Tripura. These states which have gone
unrepresented in the meeting comprise almost 180 million1 citizens
(17,96,72,392) which is a sizable population by any standard. Furthermore,
the Petroleum Sports Promotion Board (PSPB), which was granted the
status of a NSPO (National Sports Promotional Organisation) by the
Ministry of Youth Affairs and Sports was also left unrepresented.
Evidently, the aforesaid meeting was not truly representative of the entire
country as per the Constitution of the AAI.

13.     The applicant also submits that the Pondicherry Archery Association
which has been a member state association of Archery Association of India
for more than 17 years has been disaffiliated and its grievances have still
not been readdressed. Similarly, the grievances on behalf of the Archery
Association of Assam from its President Jayant Bharot as well as the other
representation from Vice President B.V.P. Rao have not been addressed.
They had raised the issue of a number of procedural irregularities in the
calling of the Emergent General Council Meeting and the proposed large
scale amendments which according to them are akin to rewriting the
Constitution. They had contended that for any General Council Meeting,
section 14 of Chapter-VII of the AAI Constitution requires a notice of 30


1Census data of 2011 conducted by the Office of the Registrar General & Census Commissoner,
India, available at: http://www.censusindia.gov.in/2011census/population_enumeration.html




CM No. 10461/2017 in WP(C) 195 of 2010                                           Page 14 of 19
 days. Objections were also raised about the draft amendments to Chapter-
VI. They had also questioned the proposed Domicile Rule and wondered
whether the said provisions would not be violative of the fundamental right
of freedom of association and of domicile in any part of the country.

14.    In its representation to the Archery Association of India, the
Pondicherry Archery Association contended that there is no provision in the
Constitution to derecognize any member for paying late fee, especially in
view of the clear provision as per section 4, Chapter-II of the AAI
Constitution which provides for restoration of one's privileges once the late
fee is paid. It further alleged that the de-recognition was on flimsy grounds
and it was not even intimated about the Emergent Council Meeting on 15th
March, 2017.        It had sought (i) invitation to the said meeting, (ii) its
participation in the next and all other elections, and (iii) no such
amendment to the Constitution should be made before the elections.

15.    Since notices were not sent to all members units/ representatives as
per the extant rules on 15.12.2016, including the Pondicherry Archery
Association and such other states/units, the General Council Meeting was
improper.        Furthermore, the objections of the Archery Association of
Assam and another disaffiliated unit are yet to be resolved. The meeting
called by the present dispensation purporting to represent the AAI, the
General Council Meeting called by it and the so called resolutions adopted
on the said date were improper and irregular. This is even more so since
large parts of India covering six Eastern states and Orissa and Pondicherry,
as aforementioned, were also not represented. All these vitiate the General
Council Meeting. Hence, it cannot be said that the aforesaid meeting of




CM No. 10461/2017 in WP(C) 195 of 2010                            Page 15 of 19
 15.03.2017 was in conformity with the Court's order and in terms of the
Constitution of the Association.

16.    The orders of this Court in September and October 2012 had clearly
directed that the affairs of the elections be held in accordance with the
National Sports Code. This has been disregarded.               The Archery
Association of India itself was de-recognized by the Government of India
on 07.12.2012. The tenure of the Executive Committee/group of people
purporting to represent the AAI has expired. The Association is being run
by the people who evidently do not have any authority since the elections
were not held on time.

17.    The Government of India,          emphasised before the International
Olympic Committee on 18.06.2010 (page 982 of the paper book) that (a)
National Sports Federation should have good standard by complying with
the applicable laws and guidelines on the same lines, as the International
Federation must have a good standing with the National Organizing
Committee (NOC) of major international sporting events; (b) the athletes
should be in a good standing with the National Sports Federation as well;
(c) that good governance practices are essential for sports bodies to secure
and maintain authority and that there is an urgent need of prescription to the
basic standards by NOC. Given the fact that Government of India de-
recognized the concerned NSF way back in 2012 and its Executive
Committee did not deem it fit for over four years to amend its Constitution
to bring it in conformity with the National Sports Code in terms of this
Court's Order by a regular meeting, instead the same was attempted




CM No. 10461/2017 in WP(C) 195 of 2010                           Page 16 of 19
 through the Annual General Meeting of its Emergent General Council
Meeting, which does not inspire confidence.

18.    Non intimation of the said meeting to the de-affiliated members, in
particular to the Pondicherry Archery Association and other disaffiliated
members/units, is questionable and cannot be considered as good
governance practices, which is essential for sports bodies.

19.    Furthermore, it would have been in the fitness of things and a step
towards good governance practices, if an Observer had been invited from
the Government of India which provides wide financial assistance to the
AAI at national and international sports events, lending some credibility to
the meeting of 15.03.2017.

20.    In the circumstances, the Court deems it appropriate that the affairs
of the Archery Association of India (AAI) be brought under the supervision
of an Administrator till its Constitution is amended and elections are held in
terms of this Court's order dated 15.12.2016.      The Court also deems it
appropriate that for the present, the affairs and elections of AAI be
conducted by a person of public eminence with significant experience in
sports affairs and administration and elections. We are of the opinion that
Mr. S.Y. Quraishi, Former Chief Election Commissioner of India, who has
also served as Secretary in the Ministry of Youth Affairs and Sports,
Government of India would be a suitable person to be appointed as the
Administrator-cum-Returning Officer for discharge of the following
functions:

(i) To resolve the issue of disaffiliation of such members/units of AAI as
on 15.12.2016, within a month from today by giving them two weeks'



CM No. 10461/2017 in WP(C) 195 of 2010                           Page 17 of 19
 notice and if their membership can be regularized in terms of the 'un-
amended' Constitution, it shall be so regularized;

(ii) the Electoral College of the AAI shall be prepared and elections shall be
held in six weeks thereafter.            This elected body shall carry out the
amendments to the Constitution to bring it in conformity with the National
Sports Code.

(iii)   Thereafter, a fresh round of elections, shall be carried out as per the
amended Constitution and in terms of the National Sports Code, to ensure
that age and tenure restrictions and due representation of the sports persons
are strictly complied with. The entire exercise shall be carried out within a
period of 4 months from today.

(iv) The AAI shall make available to the Administrator an appropriate
office space and facilities for the discharge of the aforesaid directions and
make available such staff and personnel as the Administrator may express
the need for. Alternatively, the Administrator may appoint such personnel
to assist him in the aforesaid matter and expenses towards the same shall be
borne by the AAI.

(v)     Till the elections are conducted and results declared in consonance of
the National Sports Code and in compliance with the preceding directions,
the AAI shall not make any new financial commitments except with the
prior approval of the Administrator. Routine expenses of AAI too shall be
defrayed, with the due prior approval of the Administrator.

21.     The applicant and the AAI shall seek consent of Mr. S.Y. Quraishi,
of his acceptance of the aforementioned responsibility.




CM No. 10461/2017 in WP(C) 195 of 2010                             Page 18 of 19
 22.    The Court would consider fixing an honorarium for the
Administrator's assignment at a later date.

23.    The application is disposed off in the above terms.



                                                       NAJMI WAZIRI, J.

S. RAVINDRA BHAT AUGUST 10, 2017/acm CM No. 10461/2017 in WP(C) 195 of 2010 Page 19 of 19