Solicitor General Tushar Mehta, representing the Centre, submitted before a bench headed by Chief Justice D.Y. Chandrachud that the IOA constitution, which was drafted by retired apex court judge, Justice L. Nageswara Rao, has been adopted in the general body meeting.
Petitioner Rahul Mehra, however, claimed that violations have occurred in connection with directions passed on October 10 and November 3 by the apex court. The apex court had passed directions regarding the adoption of the draft constitution and polling for the executive committee of the IOA, which is slated on December 10.
Mehra said on November 10, the draft constitution was adopted in the general body meeting of the IOA, however the minutes of the meetings indicate some variations, which have been adopted.
The bench, also comprising Justices Hima Kohli and J.B. Pardiwala, disposed of the contempt petition moved by Mehra, recording Mehta’s submissions that if any alterations are suggested, these would be adopted with express permission of the court and the order passed on October 10 and schedule of election in order dated November 3 should be scrupulously followed.
On November 3, the Supreme Court accepted Justice Nageswara Rao’s proposal to conduct elections to the executive committee of Indian Olympic Association on December 10.
A bench comprising (then) Justices Chandrachud and Kohli had said: “Justice L Nageswara Rao, former judge of this court, has submitted a note dated 2 November 2022. The note indicates the comprehensive exercise which has been carried out by the former judge of this court on an expedited basis. The court appreciates the alacrity with which the assignment has been taken up in the national interest. The judge has interacted with all stakeholders including the International Olympic Committee, Indian Olympic Association (IOA) and the state Associations.”
The bench said there is a broad consensus in terms of the note submitted by Justice Rao that the elections should be held on December 10.
In its order, it said: “The amendments proposed to the constitution of the Indian Olympic Association have to be circulated today so that the General Body Meeting can be held on 10 November 2022. The proposal which has been submitted in that regard is accepted. The proposed amendments are permitted to be circulated. Justice L Nageswara Rao is at liberty to chalk out the modalities for the circulation of the proposed amendments.”
The apex court on October 10, had approved the timeline for amendment of the draft constitution of the IOA and its elections, as agreed in the meeting with the International Olympic Committee in Lausanne, Switzerland on September 27.