A.M.KHANWILKAR, J. - (1.) 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. 28788/2017] filed by the Archery Association of India (for short "AAI"), and the appeal [arising out of SLP(C) Diary No. 29202/2017] filed by Kerala State Archery Association (for short "KSAA"). When these special leave petitions came up for hearing on 18th September, 2017, the Court recorded the submission of the appellant(s) that the constitution of AAI stood amended in accordance with the National Sports Development Code of India, 2011 (for short "the Sports Code"). The counsel appearing for Union of India prayed for time to verify the said position. Later, this Court directed the Ministry of Sports to file an affidavit regarding compliance, on or before 26th October, 2017. Eventually, the affidavit of the competent officer of the Ministry of Youth Affairs and Sports, Government of India, came to be filed. It is not necessary for us to dilate on the contents of the said affidavit. For, the matters were heard on 4th December, 2017 whence, after hearing the parties, the Court proceeded to pass the following order: "Heard Mr. Sunil Gupta, learned senior counsel and Mr. Salwan, learned counsel for the petitioners; Mr. Narasimha, learned Additional Solicitor General for the Union of India and Mr. Rahul Mehra, respondent appearing in person. It is submitted by Mr. Narasimha, learned Additional Solicitor General that though certain amendments have been carried out in the constitution, yet they are not in consonance with the National Sports Development Code, 2011 (NSDCI) of the MYAS. In the affidavit filed by the Union of India, certain deviations have been pointed out. They read as follows : 'i. The NSDCI provides that the election of office bearer of an NSF shall be conducted in accordance with the Model Election Bye-laws of the NSDCI, copy whereof is annexed herewith and marked ANNEXURE R/3 [PAGE 12 TO 51]. As per the provisions of the said election bye-laws, the Office Bearer and Members of the Managing Committee shall be elected by secret ballot. However, the Constitution of the AAI provides that election of office bearers of the AAI shall be held as per the rules and regulations which may be adopted by the General Council, and there is no mention in the Constitution of the AAI that such election shall be held by secret ballot. ii. As per the principles underlying the NSDCI, an affiliated member of a National Sports Federation (NSF), i.e., a full member of the NSF, should be represented by two delegates in the General Council (by whatever name called). The Constitution of AAI shows each State Association has been given representation of three delegates in the General Council i.e. one representative over and above the minimum of two representatives. iii. The NSDCI provides that an NSF shall give affiliation as a full member to a State Association if such State Association has at least 50% of the district units functioning in that State as per Para 3.10 and Para 3.19 of Annexure-II of the Code. But no such stipulation is found in the eligibility conditions for affiliation of State Associations as members of the AAI. iv. The Constitution of AAI also makes a provision that up to three persons may be bestowed the title of Honorary Life President of AAI, without voting rights, in recognition of the services rendered by past Presidents of AAI. The NSDCI is silent on the matter.' Mr. Gupta, learned senior counsel and Mr. Salwan, learned counsel for the petitioners fairly stated that the amendment shall be carried out keeping in view the said deviations within a week hence. In view of the aforesaid, it is directed that amendment shall be incorporated by treating it as an order of the Court. After the constitution comes into force, election shall be held under the supervision of Mr. S.Y. Quraishi who has been appointed as the Administrator by the High Court, within four weeks therefrom. Mr. Quraishi is requested to see that the election takes place in accordance with the amended constitution which stands amended by incorporation by virtue of order passed by this Court, as agreed to by learned counsel for the parties. The amended constitution shall be filed before this Court and a copy whereof be supplied to Mr. Narasimha, learned Additional Solicitor General and Mr Rahul Mehra, respondent-in-person. But the filing of the amended constitution will not postpone the election, as directed hereinabove. To elaborate, amendment shall be incorporated stating the same as an order of the Court within a week hence and thereafter Mr. Quraishi shall proceed to hold the election in accordance with the constitution which will come into existence by virtue of the order passed today. Mr. Quraishi shall be at liberty to see that the constitution of the Association is strictly in accordance with the Code and thereafter proceed with the election. If he has any reservation, he is at liberty to move this Court. List after eight weeks." (emphasis supplied) ;