Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Archery Association of India (AAI) Amendment by Court appointed Administrator – Propriety of – Writ petition on the issue of governance Constitution of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Archery Association of India (AAI) – Constitution of – Amendment by Court appointed Administrator – Propriety of – Writ petition on the issue of governance and functioning of AAI – High court by interim order appointed ‘Administrator’ for supervision of the affairs of Archery Association – Appeal to Supreme Court challenging the order appointing the Administrator – Supreme Court by interim order dated 4.12.2017 directed the Association to amend its Constitution and directed the Administrator to conduct elections within a period of four weeks – Archery Association of India placed on record the amended Constitution in terms of the order dated 4.12.2017 – The Administrator also filed compliance report together with a new Constitution as amended by him – Held: The Administrator had carried out the amendments beyond what was permitted and approved by Supreme Court in terms of order dated 4.12.2017 – The Administrator could have taken only such steps as were permitted by Supreme Court – Constitution could have been amended only in accordance with law i.e. by the elected body after interacting with all the stakeholders and members – The Administrator had no power to amend the Constitution, much less unilaterally, except for the four amendments approved by Supreme Court – Therefore, the steps taken by the Administrator beyond the scope of the authority bestowed upon him, must be treated as non est in law – All the steps taken by the Administrator, including the elections conducted by him, on the basis of the Constitution amended by him, also has to be treated as null and void and non est in law. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2019 INSC 610 |
Petitioner | Maharashtra Archery Association |
Respondent | Rahul Mehra And Ors. |
SCR | [2019] 7 S.C.R. 370 |
Judgement Date | 2019-05-01 |
Case Number | 4771 |
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