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The tennis champions claimed that AITA has violated the sports code as well as failed to comply with the judgment of the high court. In September 2024, the Ministry of Youth Affairs and Sports also recognized ongoing non-compliance as the AITA attempted to conduct another Annual General Meeting and elections without adhering to the procedures established by the Sports Code.
On Tuesday, the Delhi High Court suspended the publication of the All India Tennis Association (AITA) election results. The court instructed the election officer to place the results 'in a sealed envelope' until the petition filed by champions Somdev Kishore Devvarman and Purav Mukul Raja is resolved.
The bench of Justice Purushaindra Kumar Kaurav held, “Election shall remain subject to the outcome of the instant writ petition. Let the result of the Election be placed in a sealed cover by the Election Officer, meaning thereby, the result of the Election shall not be published”.
Tennis champions, represented by Senior Advocate Rahul Mehra, claimed that there was a blatant disregard for the orders issued by the high court. It was asserted that AITA committed 18 patent violations of the National Sports Development Code of India, 2011 (Sports Code).
The champions, therefore, sought the appointment of a retired judge as an administrator of the association.
It was also claimed that the Ministry of Youth Affairs and Sports had failed to ensure the implementation of the Sports Code. They argued that the Sports Code was binding upon AITA, and it was the duty of the Ministry of Youth Affairs and Sports to ensure its implementation in both letter and spirit.
The court, in August 2022, noted that while AITA amended the Constitution; it still lacked provisions for athlete representation in key decision-making bodies. Despite attempts to include two nominated members, this effort did not meet the Sports Code's requirement for election by peers.
The court had directed AITA to include “a minimum of 25% of eminent sportspersons of outstanding merit in the Central Council / General Assembly. This violates paragraph 3.20 of Annexure II of the Sports Code…25% of eminent sportspersons of outstanding merit in the Executive Committee. This violates paragraph 9.3(xii) of the Sports Code”.
Consequently, the court issued notices to the Government and AITA, for response to the plea. The matter was further scheduled for October 14, 2024.
For Petitioners: Senior Advocate Rahul Mehra with Advocates R.A.Iyer and Jhanvi DubeyFor Union: Standing Counsel Nidhi Raman with Government Pleader Jitendra Kumar TripathiFor AITA: Senior Advocate Bajava Prabhu Patil with Advocate Ashish Prasad
Case Title: Somdev Kishore Devvarman & Anr. v Union Of India & Anr. (W.P.(C) 13458/2024)
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