Indian Olympic Association : Supreme Court Accepts Proposal To Hold Elections On December 10
The Supreme Court, on Thursday, permitted the amendment to the Constitution of the Indian Olympic Association (IOA) as proposed by retired Supreme Court Judge, Justice L. Nageswara Rao to be circulated to the members on 3rd November, 2022 so that it can be put to vote in the General Body Meeting of IOA to be held on 10th November, 2022. The Apex Court also accepted Justice Rao's proposal...
The Supreme Court, on Thursday, permitted the amendment to the Constitution of the Indian Olympic Association (IOA) as proposed by retired Supreme Court Judge, Justice L. Nageswara Rao to be circulated to the members on 3rd November, 2022 so that it can be put to vote in the General Body Meeting of IOA to be held on 10th November, 2022. The Apex Court also accepted Justice Rao's proposal to hold the executive body elections on 10th December, 2022. In September, 2022, the Apex Court had appointed Justice Rao to take over the process of amending the sports body's constitution, preparing its electoral rolls, and conducting elections to its executive body.
The Court was hearing pleas challenging the order of the Delhi High Court directing handing over of affairs of Indian Olympic Association (IOA) to a Committee of Administrators (CoA).
The Solicitor General of India, Mr. Tushar Mehta apprised a Bench comprising Justices D.Y. Chandrachud and Hima Kohli, that Justice Rao has completed the formulation of the Constitution of IOA.
"Now the position is that J. Rao has completed formulation of constitution. There were some issues with the International body. Ultimately they have agreed. The constitution now prepared is in consonance with the Sports Code and other considerations. I have the constitution now."
He added that the General Body meeting of IOA is to take place on 10th November, 2022. As per the concerned Rules, the draft constitution is to be circulated amongst the members seven days prior to the meeting, i.e., by 3rd November, 2022 (today).
"As per the rules the members must get the draft constitution 7 days before the meeting, therefore it has to be sent today. Because the General body meeting is on 10th Nov, 2022."
Considering the urgency in the matter, the Bench passed the following direction -
"J. Rao has submitted a note dated 02.11.2022. Note indicates the comprehensive exercise carried out by him on an expedited basis. The court appreciates the alacrity with which the assignment has been taken up in national interest. The Ld. Judge has interacted with all stakeholders...J. Rao has circulated proposed amendments….These amendments have to be circulated today…so that the General Body meeting is held on 10.11.2022. The proposal submitted in that regard is accepted. The proposed amendments are permitted to be circulated."
Justice Rao has also proposed that the election to the executive body of IOA be conducted on 10th December, 2022, which has been accepted by all the stakeholders including the international body.
"There is a broad consensus w.r.t. the note submitted by J. Rao that the election shall be held on 10.12.2022. The proposal is accepted."
At the request of the Solicitor General, the Court categorically recorded in its order that no court other than the Apex Court shall entertain petitions challenging the amendment of the constitution of IOA and the election process.
"No other court shall entertain petitions w.r.t. amendment of the constitution of IOA and election process; it would be before this court alone."
Mr. Mehta informed the Bench that Justice Rao has indicated that he would perform the task assigned by the Apex Court pro bono. But, he insisted that the Court assign an honorarium. In view of the same, the Bench dictated -
"J. Rao has indicated that he would perform the task pro bono. Ld. SG fairly states given the magnitude of the task a honorarium is fixed...Subject to J. Rao accepting... an amount of Rs. 20 lakhs be paid to J. Rao."
The Solicitor General had also implored the Bench to fix remuneration for the young lawyers who had assisted Justice Rao in this humongous exercise. Considering his request, the Bench asked Justice Rao to fix the remuneration which is to be paid by IOA.
"A team of lawyers have assisted J. Rao. The remuneration to be paid to them will be fixed by the judge and the same be intimated to IOA."
The Bench is to hear the matter next on 7th December, 2022 .
[CASE TITLE: INDIAN OLYMPIC ASSOCIATION v. UNION OF INDIA & ORS. | DIARY NO. 25767/2022]