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MINI PUSHKARNA, J.

1. The present writ petition has been filed challenging the elections of the respondent no. 2 - All India Tennis Association ("AITA"), which were scheduled to be held on 28th September, 2024. The petitioners alleged flagrant violations of the then existing National Sports Development Code of India, 2011 ("Sports Code, 2011") and the judgment dated 16th August, 2022, passed by the Division Bench of this Court in W.P.(C) 195/2010.

20. As regards tenure, the Sports Code, 2011 provided for holding of office of the President for a maximum period of twelve years with or without break. As regards the provision for cooling off period between tenures, with respect to Secretary/Secretary General and Treasurer of any National Sports Federation, the Sports Code, 2011 provided for a maximum of two successive terms of four years each, after which a minimum cooling off period of four years was to apply to seek fresh election to either post. On the other hand, as per Section 4(2) Proviso of Sports Act, 2025, for the posts of President, Secretary General and the Treasurer, a person may hold post separately or in combination thereof, for up-to three consecutive terms and a mandatory cooling off period of one term thereafter.

35. The creation of factions in a National Sports Body in no manner can be in favour of fair conduct of functions as is espoused and mandated by the erstwhile Sports Code, 2011 or the present Sports Act, 2025 and Sports Governance Rules, 2026. Further, a National Sports Federation, which is created to further the cause for development of the concerned sport and provide opportunities for athletes, cannot be in such disarray regarding its decision-making powers. Rather, on the contrary, factions of such kind, that are not even in concurrence for putting up a united stand before this Court to represent the interests of a National Sports Body, can in no manner be allowed to jeopardise the future of the athletes of this country.

38. At this juncture, this Court notes that the respondents have placed reliance on the order dated 02nd July, 2025 in CONT.CAS(C) 886/2024 & Connected Matter, titled as "Delhi Rowing Association Versus Rowing Federation of India and Anr." and order dated 09th May, 2024 in W.P.(C) 1938/2024 & Connected Matters, titled as "Maharashtra Volleyball Association Represented By Its Authorized Signatory Viral Shah Versus Union of India and Ors.". However, reliance by the respondents on the aforesaid orders is totally misplaced, as the said orders were passed with respect to the Sports Code, 2011, when the provisions of the Sports Act, 2025 had not even been notified. The said orders were passed by way of interim orders, when final adjudication in the said matters was yet to be done. Further, in view of the notification of the provisions of the Sports Act, 2025 and Sports Governance Rules, 2026, procedure as mandated therein has to be followed.