Compliance with government guidelines and the preparation for the Olympic Games were the central legal points established in the judgment.

1. When the Miscellaneous Petitions are listed for hearing, with consent of the learned counsel on either side, the main Writ Petition itself is taken up for disposal.

2. This Writ Petition has been filed, praying for issuance of a writ of certiorarified mandamus, to call for the records relating to the letter dated 01.03.2011 on the file of the second respondent and the consequential communication dated 04.03.2011 on the file of the third respondent, quash the same and consequently direct the second respondent to amend the bye-laws in consonance with the guidelines in proceedings in F.No.8-17/2009-SP-III, dated 01.05.2010, issued by the first respondent, and thereafter to conduct elections of the office bearers of the Swimming Federation of India, in short, "SFI".

3. Facts :

3.1. The petitioner is a Co-opted Member of the Haryana Swimming Association. He has been duly authorized by the President and Secretary of the Haryana Swimming Association to participate in the elections of the Swimming Federation of India, in short, "the Federation", and to attend the General Body Meeting of the Federation as an accredited representative. He has also filed nomination for the post of General Secretary, without acquiescing to the irregularities in the proposed election.

3.2. The Federation is affiliated to the Indian Olympic Association and Federation Internationale de Natation Amateur (FINA) and registered under the West Bengal Societies Registration Act. It is receiving nearly about Rs.1.00 Crore every year as a grant from the Government of India. The Bye-laws of the Federation provide for General Council and the Office bearers. The Office bearers are President, Vice-President, Hony. General Secretary, Hony.Joint Secretaries, Hony.Treasurer and the term of the office though prescribed as three years in the Bye-laws, in practice, it is being changed to four years.

3.3. One of the functions of the General Council is to elect the Office bearers and the Managing Committee of the Federation. Though the bye-laws envisage a democratic process of election of the Office bearers, the actual functioning of the Federation has eroded the system and elections have not been conducted in a fair and transparent manner. On account of the same, the object of establishing the Federation itself has been defeated. Since the number of tenures a person could be elected has not been prescribed in the bye-laws, the very same person continued to be elected and re-elected time and again as President and General Secretaries. The present General Secretary has been in post for the past 27 years.

3.4. That being so, the Government of India, Ministry of Youth Affairs and Sports, the first respondent herein, by Proceedings in F.No.8-17/2009-SP-III, dated 01.05.2010, addressed to all the National Sports Federations, had issued a detailed guideline as to the maximum period the President of a Sports Federation could hold office and similarly prescribed the number of years the Secretary and Treasurer to get elected. Further, the said proceedings also directed that the compliance to the above directions shall be mandatory and they shall form an integral part of the guidelines/regulations applicable to National Sports Federation.

3.5. Further, vide Proceedings No.F.46-12/2009-SP-I, dated 11.11.2010, the first respondent also observed that "it is unequivocally concluded that SFI has not only violated the Government guidelines, which make it liable to de-recognition, but has also violated its own constitutional provisions in not following due process in the conduct of elections of its office bearers, which make it also liable for de-registration as the national sports federation for swimming in India. However, taking into view the interests of sports and sports persons, had granted 90 days time to amend its constitution and hold fresh election in a fair, democratic and transparent manner.

3.6. The first respondent, vide proceedings No.F-46-12/2009-SP-I dated 24.02.2011,