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SUPREME COURT OF INDIA
A.M. Khanwilkar, Ajay Rastogi, JJ.
Maharashtra Archery Association – Appellant(s)
Versus
Rahul Mehra and Ors. – Respondent(s)
Civil Appeal No.____of 2019 (Arising out of SLP(C) Diary No. 29577 of 2017)
Decided on : 01-05-2019
(b) Administrative law - Duty of Administrator - Administrator taking steps beyond the scope of the authority bestowed upon him by Court - Cannot be validated by the Court - Must be treated as non est in law - Administrator ought to have taken approval of Court for deviations. (Para 17)
(1996) 4 SCC 622; (2016) 9 SCC 44; (1971) 1 SCC 678; (1963) Supp. 3 SCR 789 - Relied upon
AIR 1925 Lahore 309 - Cited with approval
(c) Administration of justice - Court monitoring - While amending constitution of AAI Administration deviating from Order dated 4th December, 2017 - Whether amendments made by Administrator are justified and proper or essential - Held not material for further amendment can be carried out only in the manner provided by the Constitution of the AAI including in terms of the order dated 4th December, 2017. (Para 18)
(2016) 8 SCC 535 - Referred
(d) Constitution of India - Articles 136 and 226 - Main writ petition pending before High Court - Instant controversy cannot be adjudicated on the basis of perception of the World Archery body - High Court should examine all aspects of the matter on their own merits in accordance with law. (Para 20)
(1988) 4 SCC 226; (1991) 2 SCC 412; (2015) 3 SCC 251 - Referred
Facts of the case:
The respondent No. 1 has filed a public interest litigation before the High Court of Delhi at New Delhi, being Writ Petition (Civil) No. 195 of 2010, raising issues of transparency in governance and functioning of the Archery Association of India. The present special leave petitions emanate from the order dated 10th August, 2017 passed by the High Court in C.M. No. 10461 of 2017 filed by respondent No.1 (writ petitioner) inter alia for appointment of Administrator/Returning Officer including to conduct elections of AAI in compliance with the High Court's order dated 15th December, 2016, as well as stay of notice dated 2nd March, 2017 of the AAI, calling for an emergency meeting of the General Council on 15th March, 2017 and, in the alternative, to stay the outcome of such meeting if held, till the Court appoints an Administrator/Returning Officer.
HIGH court appointed an Administrator and disposed of the matter issuing directions.
Finding of the Court;
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.
Result: Appeals disposed of
JUDGMENT
A.M. Khanwilkar, J.
Leave granted.
2. The respondent No. 1 has filed a public interest litigation before the High Court of Delhi at New Delhi, being Writ Petition (Civil) No. 195 of 2010, raising issues of transparency in governance and functioning of the Archery Association of India (for short the "AAI"). Several interim orders came to be passed in the said writ petition which are not relevant for answering the controversy in the present proceedings. The present special leave petitions emanate from the order dated 10th August, 2017 passed by the High Court in C.M. No. 10461 of 2017 filed by respondent No.1 (writ petitioner) inter alia for appointment of Administrator/Returning Officer including to conduct elections of AAI in compliance with the High Court's order dated 15th December, 2016, as well as stay of notice dated 2nd March, 2017 of the AAI, calling for an emergency meeting of the General Council on 15th March, 2017 and, in the alternative, to stay the outcome of such meeting if held, till the Court appoints an Administrator/Returning Officer. The High Court after hearing the parties passed the following order:
"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' notice and if their membership can be regularized in terms of the 'unamended' 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.
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."
3. This decision is assailed by way of an appeal [arising out of SLP(C) Diary No.29577/2017] filed by Maharashtra Archery Association (for short "MAA"), appeal [arising out of SLP(C) Diary No. 2878
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