Compliance with court orders and directions regarding the adoption of the new Constitution of the Indian Olympic Association.

ORDER

1. The order of this Court dated 10 October 2022 envisages that after the new Constitution of the Indian Olympic Association[1] has been drawn up by Hon'ble Mr Justice L Nageswara Rao after engaging with the International Olympic Committee[2] and the Olympic Council of Asia[3], it has to be 'formally adopted by the General Assembly of IOA'. The order indicates that once the new Constitution has been duly adopted and concurred with by IOC, it 'shall be adopted by the IOA-General Body under the mandatory direction of this Court'.

[1] 'IOA'

[2] 'IOC'

[3] 'OCA'

2. The cause for the contempt petition arises from two alleged Minutes of the Special General Meeting of the IOA held on 10 November 2022 (Annexure P- 8). Paragraph 10 of the Minutes reads as follows:

'After deliberations, the corrections and amendments read out by Mr. Anil Khanna were approved unanimously by the House and the constitution stands amended. With this the House approved/ratification to the amendments to the amendments to the constitution as proposed by Hon'ble Justice L Nageswara Rao with minor changes.'

3. In order to obviate any impediments in effectuating the purpose of the order of this Court dated 10 October 2022 (which was followed by the order dated 3 November 2022 setting out a schedule), we requested Mr Tushar Mehta, Solicitor General to assist the Court.

4. The Solicitor General submitted that the Constitution as drawn up by Mr Justice L Nageswara Rao in pursuance of the order of this Court has been adopted. Moverover, it has been submitted that even if any alterations are suggested, they shall not be adopted without the express permission of this Court.

5. A copy of the communication dated 15 November 2022 from the Secretary, Department of Sports, Ministry of Youth Affairs and Sports was tendered by the Solicitor General.

6. The communication dated 15 November 2022 clarifies that 'the very same Constitution as drafted by' Mr Justice L Nageswara Rao 'has been adopted by the IOA' and any further amendment which is occasioned by the suggestions/objections of members will be implemented only if permitted by this Court.

7. In view of the above position as clarified by the Solicitor General, it is not expedient in the interest of justice to pursue the exercise of the contempt jurisdiction. The directions which were issued on 10 October 2022 and the schedule indicated on 3 November 2022 for completing the election process shall be duly observed.

8. The Contempt Petition is accordingly disposed of.

9. Pending applications, if any, stand disposed of.