2026:MHC:3932W.P.No.39115 of 2026 etc.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2026

CORAM :

THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.39115, 37938, 38910 & 38941 of 2026

and W.M.P.Nos.42639, 42642, 42601, 42643, 42599, 43925, 43923,

43893, 43673, 43672, 43675, 43677, 43666, 43667, 43699, 43701, 43702,

43703 & 43704 of 2026

In W.P.No.39115 of 2026:-

1. Coimbatore Auto Sports Club,

By its Secretary, J.Prithiviraj

2. J.Prithiviraj .. Petitioners

Versus

1. Union of India,

Represented by its Secretary,

Ministry of Youth Affairs and Sports,

Department of Sports,

Shastri Bhawan,

New Delhi – 110 001.

2. The Federation of Motor Sports Club of India,

By its Secretary General, V.S.Shriakant,

A-7, Krishna Towers,

50, Sardar Patel Road,

Chennai – 600 113.

3. V.S.Harish,

The Returning Officer,

C/o.The Federation of Motor Sports Clubs of India,

A-7, Krishna Towers,

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2026:MHC:3932W.P.No.39115 of 2026 etc.,

50, Sardar Patel Road,

Chennai – 600 113. .. Respondents

In W.P.No.37938, 38910 and 38941 of 2026:-

M/s.Madras Motor Sports Club,

Rep. by its Hon. Secretary Prabha Shankar.. Petitioner

(in W.P.No.37958 of 2026)

M/s. Indian Motorsport Marshals Club,

Rep. by its Partner – Prabha Shankar .. Petitioner

(in W.P.No.38910 of 2026)

M/s. Motor Sports Club of Chikmagalur,

Chikmagalur,

Rep. by its Hon. Treasurer –

Raichand Dilip Kumar Jain .. Petitioner

(in W.P.No.38941 of 2026)

Versus

1. Union of India,

Represented by its Secretary,

Ministry of Youth Affairs and Sports,

Department of Sports,

Shastri Bhawan,

New Delhi – 110 001.

2. The Federation of Motor Sports Club of India

(FMSCI),

Rep. by its Secretary General, V.S.Shriakant,

Having its registered office at:

A7, Krishna Towers,

50 Sardar Patel Road,

Chennai, Tamil Nadu – 600 113. .. Respondents

Prayer in W.P.No.39115 of 2026 : Writ Petition filed under Article 226

of the Constitution of India seeking a Writ of Certiorarified Mandamus,

calling for the records connected with the order dated 21.09.2026 passed

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by the 3

rd

respondent in the matter of FSMSCI 53

rd

Annual General

Meeting : 25

th

September 2026: Chennai, debarring/rejecting the

nomination/candidature of the petitioner’s nominee for the post of

Councillor and/or President of the 2

nd

respondent, and quash the same; and

to appoint an independent Returning Officer from out of the National

Sports Election Panel, formed under Sec.16 of the National Sports

Governance Act, 2025 to ensure the smooth conduct of the election

process of the 2

nd

respondent based on the Electoral College finalized and

published on 11.09.2026 by the 2

nd

respondent.

Prayer in W.P.Nos.37938, 38910 and 38941 of 2026 : Writ Petition filed

under Article 226 of the Constitution of India seeking a Writ of

Certiorarified Mandamus, calling for the records pertaining to the notice

dated 07.09.2026 issued by the 2

nd

respondent convening the 53

rd

Annual

General Meeting and proposing the election of Council, President and

Vice-President, and quash the same, and consequently direct the 2

nd

respondent to conduct fresh elections strictly in accordance with its

Memorandum and Articles of Association, applicable bye-laws, the

National Sports Governance (National Sports Bodies) Rules, 2026 and the

applicable NSF Guidelines, by appointing an independent Returning

Officer in accordance with law.

In W.P.No.39115 of 2026:-

For Petitioner: Mr.H.Karthik Seshadri

For Respondents: Mr.M.Ramamoorthi,

Central Government Standing Counsel,

for R1

: Mr.S.R.Rajagopal, Senior Counsel,

for Mr.B.Arvind Srevatsa, for R2

: Mr.Srinath Sridevan, Senior Counsel,

for Mr.S.Kavin, for R3

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In W.P.No.37938 of 2026:-

For Petitioner: Mr.V.P.Raman,

for Mr.R.Lakshmi Ratan

For Respondents: Mr.V.Venkatesan,

Senior Central Government Standing

Counsel, for R1

: Mr.Satish Parasaran, Senior Counsel,

for Mr.B.Arvind Srevatsa, for R2

In W.P.No.38910 of 2026:-

For Petitioner: Mr.R.Lakshmi Ratan

For Respondents: Dr.G.Babu, Senior Panel Counsel for R1

: Mr.Satish Parasaran, Senior Counsel,

for Mr.B.Arvind Srevatsa, for R2

In W.P.No.38941 of 2026:-

For Petitioner: Mr.R.Lakshmi Ratan,

For Respondents: Mr.B.Sudhir Kumar,

Senior Panel Counsel, for R1

: Mr.Satish Parasaran, Senior Counsel,

for Mr.B.Arvind Srevatsa, for R2

COMMON ORDER

All these Writ Petitions are connected to each other and as such,

are disposed of by this common order. The matter pertains to election of

the office bearers - Executives of the Federation of Motor Sports Clubs of

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India (hereinafter referred to as ‘FMSCI’).

2. W.P.No.37938 of 2026 is filed by the M/s.Madras Motor

Sports Club, which is one of the founding member of the FMSCI. Upon

hearing Mr.V.P.Raman, learned Counsel for the petitioner and perusing the

material records of the case, the grievance of the petitioner is that it is a

founding member of FMSCI. FMSCI is the recognised National

Federation for Motor Sports. By the impugned notice calling for Annual

General Meeting, it is also proposed to conduct an election to the Members

of the Council in accordance with the provisions of the Articles of

Association of the Company and to elect President and Vice-President in

accordance with the provisions of the Articles of Association of the

Company. While the petitioner does not have any difficulty with the other

agendas with reference to election, the present office bearers themselves

have published and decided the electoral process. As a matter of fact, the

entire process is conducted in order to re-elect the existing President

merely because he is going to cross the age of 70 years in the month of

October, 2026 and the election is conducted in an unfair manner only to

accommodate him. He himself published a list of electoral college in

Form-I on 11.09.2026 consisting of 20 members. To suit him, he revised

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the electoral college himself on 14.09.2026 by including totally 23 persons

in the electoral college. On 07.09.2026, the present notice was issued

convening the Annual General Body meeting on 25.09.2026 and on

11.09.2026, one V.S.Harish was appointed as the Electoral Officer.

3. It is the contention of the petitioner that the election of the

National Sports Federation is no more an internal affair based on the bye-

laws/Articles of Association. It is now governed by the National Sports

Governance Act, 2025 (hereinafter referred to as ‘Act’) and the rules

framed thereunder namely, National Sports Governance (National Sports

Bodies) Rules, 2025 (hereinafter referred to as ‘Rules’). Rule 9 of the said

Rules mandates that election of all elected posts in the Executive

Committee shall be conducted at least once in every four years in a fair and

transparent manner and in accordance with the election rules consisted in

Schedule – II. The Schedule – II prescribes the definitions, scope and

applicability, conduct of elections, Electoral Officer, calling of elections

and electoral roll, nominations, scrutiny and finalisation of nominations,

campaign practices, neutrality and independence, polling, counting of

votes, declaration of results, sanctions and complaints and as such, is a

complete code in itself.

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4. After coming into force of the Rules, the election cannot be

conducted as per the erstwhile bye-laws/articles. Even as per the erstwhile

bye-laws, an independent person usually a Hon’ble Judge of this Court

used to be appointed as a neutral Returning Officer. Even that is given a

go-by and a person who is very much interested is appointed. The

induction of new members cannot be done except with the approval with

due quorum. The same is arbitrarily done only to suit the present person.

Even if the present incumbent gets elected, as per the bye-laws, he cannot

continue in office if he completes 70 years of age. Several other violations

with reference to the Articles of Association/bye-laws, the Rules and the

provisions of the Act, were also pointed out. Therefore, the Writ Petition

is filed with a prayer to call for the records with reference to the notice,

dated 07.09.2026, whereby, the 53

rd

Annual General Body meeting is

called for inasmuch as it proposes the election of the Council, President

and Vice-President and quash the same and consequently, direct the

second respondent to conduct fresh elections in accordance with the

Articles of Associations, bye-laws, the Acts and the Rules framed

thereunder.

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2026:MHC:3932W.P.No.39115 of 2026 etc.,

5. W.P.No.38941 of 2026 and W.P.No.38910 of 2026 are also

filed with identical prayers by Motor Sports Club of Chikmagalur and

Indian Motorsports Marshals Club respectively on identical grounds.

Mr.R.Lakshmi Ratan, learned Counsel for the petitioner, while adopting

the submissions made by Mr.V.P.Raman, learned Counsel for the

petitioner in W.P.No.37938 of 2026 would further submit that several

other provisions, with reference to the timelines prescribed under the Rules

and the several mandates of the Articles of Association, also stood

violated. He would take this Court through the various e-mail

communications, by which, several members had objected to the hasty and

arbitrary manner, in which, the elections are being conducted.

6. W.P.No.39115 of 2026 is filed by Coimbatore Auto Sports

Club, represented by its Secretary, J.Prithiviraj and in his individual

capacity. The Writ Petition is filed aggrieved by the rejection of

nomination of the said Prithiviraj for the post of President by the

impugned order, dated 21.09.2026. When the said Prithiviraj filed

nomination for the post of President, by the order, dated 21.09.2026, the

Returning Officer rejected the same on the ground that the nomination is

filed on behalf of the said member namely, Coimbatore Auto Sports Club,

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which has become defunct long back and is struck off from the rolls of

registered societies by the statutory authorities. Once the authority, under

the Tamil Nadu Societies Registration Act, 1975 strikes off the society as

defunct, thereafter, it ceases to be a legal person and therefore, the

nomination was rejected.

7. Mr.H.Karthik Seshadri, learned Counsel for the petitioner in

W.P.No.39115 of 2026 would submit that while it is true that the society

has become defunct, they have already filed an application for its revival

and the proceedings are pending on the file of the concerned Registrar.

The society was only struck off for non-filing of returns and payment of

dues etc., which is now being paid and it is being considered by the

Registrar. However, the said body is a founding member of the FMSCI

and it cannot be denied an opportunity to contest the election. Earlier, in

the year 2020, on the same ground, the nomination was rejected.

However, the petitioner filed a Civil Suit in C.S.No.388 of 2020 and by a

detailed order in the interlocutory application, dated 21.06.2021, this Court

held that without removal of the club as the founding member and when

the Tamil Nadu Societies Registration Act, 1975 itself grants exemption

for Sports Associations from compulsory registration, rejection of the

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nomination could not be made and an interim injunction was granted in

favour of the petitioner. The FMSCI, being aggrieved by the same, filed

an intra-Court appeal which recently came to be disposed of on the ground

that the period itself is over.

8. As a matter of fact, while, in the year 2020, the nomination

was rejected, thereafter, elections happened in the year 2022 and 2024. In

both the elections, the second petitioner, Prithiviraj filed a nomination

which was accepted and he participated in the election. While so, illegally,

in violation of the observations made in the injunction order, the

nomination is wrongly rejected. The Returning Officer refers to the order

passed by the Division Bench in the Original Side Appeal which only

dismissed the Original Side Appeal as having become infructuous.

Therefore, when the legal position has not changed, the rejection of

nomination is illegal. Therefore, he prays that the said order be set aside

and consequently, to appoint an independent Returning Officer from and

out of the National Sports Election Panel, formed under Section 16 of the

Act and to ensure smooth conduct of election process of the FMSCI on the

basis of the electoral college finalized and published on 11.09.2026.

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9. The Writ Petitions are resisted by the FMSCI. Mr.Satish

Parasan, learned Senior Counsel for the Federation would draw the

attention of this Court to the earlier bye-laws and the National Sports

Development Code of India, 2011, prior to the coming into force of the

new Act and the Rules and submit that it is only the articles/bye-laws and

the Model Election Guidelines to be followed by the National Sports

Federation prescribed under the National Sports Development Code of

India, 2011 that is applicable. Clause 4 of the said Code made it only the

duty of the existing President to prepare the list of authorized

representatives and finalise the electoral college in Form-I. It is only

thereafter the Returning Officer has to be appointed. While so, when the

due Act came into force and a provisional affiliation to the FMSCI has

been granted by an order dated 23.07.2026. By duly writing to the

Government of India, the election was proceeded with. As on date of the

publication of the notice i.e., on 07.09.2026, the Government of India did

not publish the election panel consisting of the electoral officers under the

Rules.

10. Further, it can be seen that when the election process is

already on and in between the new panel of electoral officers have come, it

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is impossible for the FMSCI to contemplate such a situation. A neutral

person, who is not contesting in the election and does not belong to any

other club which is contesting in the election, is chosen and he is

conducting the election as per the Rules. The other violation with

reference to induction of new members or the rejection of the nomination

are all questions to be dealt with in an Election Petition if the petitioners

are aggrieved by the outcome of the election. As far as the Act is

concerned, only a few provisions have come into force and not all the

provisions of the Act have come into force. Even the board has not been

constituted. The Tribunal is also not constituted yet. When new

legislation and the Rules framed, under the new legislation, remain

incomplete and when, as on the date of notification, new election rules

could not be complied with, the election is being meticulously and in a

transparent manner conducted as per the erstwhile National Sports

Development Code of India, 2011, this Court need not interfere.

11. The learned Senior Counsel would rely upon the judgment of

the Hon’ble Supreme Court of India in Joint Forum of Medical

Technologists of India, JFMTI Vs. Union of India and Ors. [W.P.

(C).No.983 of 2023], where the Hon’ble Supreme Court of India

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considered a similar situation of several portions of the Act still not having

been implemented, came down heavily on the States for not implementing

the provisions of the Act in full. Therefore, in a case like this, at the

twilight, in the last hour some new Rule or new election panel comes into

existence in an incomplete manner, this Court should not interfere in the

matter. As the term of the existing incumbents is to expire on 30.09.2026

and with the available Rules and procedure, they have to conduct the

elections. All other grounds can be raised in an Election Petition

challenging the election and it cannot be within the consideration of this

Court under Article 226 of the Constitution of India.

12. Mr.S.R.Rajagopal, learned Senior Counsel, further

elaborating on the matter relating to rejection of nomination, would submit

that the suit as well as the Original Side Appeal arises out of the rejection

of particular nomination of the year 2020. Even the Division Bench

dismissed the Original Side Appeal as having become infructuous after

recording that both sides will not take any advantage on account of the

earlier order passed by the learned Single Judge. He would submit that if

there is no registration, the first petitioner in W.P.No.39115 of 2026 is not

even a legal person and therefore, the nomination has rightly been rejected.

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13. Mr.Srinath Sridevan, learned Counsel representing the

Returning Officer, would submit that the Returning Officer went as per the

Rules. Even when the interim order is produced, it is only the preliminary

works alone were carried out, whereas the election is scheduled on

25.09.2026.

14. I have considered the rival submissions made on either side

and perused the material records of the case.

15. As rightly contended by Mr.Satish Parasaran, learned

Senior Counsel, any question with reference to illegally including a voter

or excluding a voter or illegally rejecting a nomination, would all be

matters for appropriate forum, be that a Tribunal or a Civil Court, to decide

the issue. However, in the instant case, the only question that can be

considered under Article 226 of the Constitution of India is that whether or

not the election has to be conducted as per the National Sports Governance

Act, 2025 (Act 25/2025) and the Rules framed thereunder or whether it can

be proceeded as per the Rules and directions issued by the Government of

India as per the National Sports Development Code of India, 2011.

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16. In this regard, it can be seen that the Act was enacted on

18.08.2025 and received the assent and published in the gazette on

01.01.2026. As per Section 1(2), the Act will come into force on such date

as the Central Government, by a notification in the official gazette, appoint

and different dates may be appointed for different provisions of the Act.

Accordingly, Sections 1 to 3, 4(1)(2) and (4), 5(1) and (2), 8(5), 11(1), 14,

15, 17(1) to (7) and (10), 30, 31, 33 to 38 of the Act came into force vide

notification by way of S.O.6152(e), dated 31.12.2025 and the same was

also published in the Government of India extraordinary gazette.

Thereafter, on 12.05.2026, Sections 5 (3) (4) (5), 7, 17 (8) (9), 18, 19, 21,

28 and 29 came into force vide S.O.2406(e), dated 12.05.2026 and the

gazette notification was also published. Section 16 of the Act came into

force on 17.08.2026 vide S.O.4566(e), dated 17.08.2026. Thus, it can be

seen that with effect from 17.08.2026, a majority of the provisions of the

Act have come into force.

17. The National Sports Federation is defined under Section 2(r)

of the Act and every National Sports Federation for each designated sports,

is considered to be the governing body of that sport as per Section 3 of the

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Act. It is not disputed by the parties that in this case, FMSCI is the

National Federation and as such, the national body is governed by the

provisions of the Act.

18. Section 4 of the Act mandates the manner in which the

General Body and the Executive Committee have to be constituted. The

National Body is mandated to have a President, a Secretary General and a

Treasurer. Section 15 of the Act mandates that a recognized Sports

Organisation shall ensure that all its voting members and affiliating units

also comply the provisions of the Acts, rules and Regulations made

thereunder. Section 16 enables the Central Government to notify a

National Sports Election Panel consisting of such number of persons as it

may deem necessary who are retired Chief Election Commissioner or

Election Commissioner or Deputy Election Commissioner or retired State

Election Commissioner or Chief Election Officers of the State with

adequate experience of conduct of elections under the Representation of

Peoples Act to form part of the panel. Only those persons, notified under

Section 16(1) shall act as Electoral Officers to oversee the conduct of free

and fair elections to the Executive Committee and the Athletics Committee

of the National Sports Bodies. The National Sports Bodies can appoint an

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Electoral Officer from the panel to oversee its election process.

19. Section 31 of the Act empowers the Central Government by

a notification to make rules for carrying out the provisions of the Act.

Section 31(2) enumerates without prejudice to the generality of the power

to frame rules in respect of the matters enumerated in Clauses (a) to (t),

whereby, in clause (c) specific power has been granted to frame rules with

reference to mode of election to different bodies, committees, offices

including their term eligibility criteria, disqualification and other matters of

governance under Section 4(4). In several other clauses also, the power to

frame rules with reference to the election and its procedure, overlap.

20. In exercise of the said power, the Government of India had

framed rules by G.S.R.18(E) published in the Gazette of India

Extraordinary Part-II Section 3(1) on 26.05.2026. Rule 9 of the said Rules

provides that the election to all elected posts in the Executive Committee

shall be conducted at least once in four years in a fair and transparent

manner and in accordance with the Election Rules contained in Schedule –

II. The Schedule – II contained the Election Rules in detail. As per the

same, it is the Electoral Officer who has to cause publication of all

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notifications and forms concerning the elections in the official websites of

the National Sports Body. They have to do all the other tasks to ensure

smooth running of the electoral process. Calling of the elections can be

done by the concerned Sports Body, but, however, it shall contain the

name of the Electoral Officer and the Electoral Roll prepared and released

by the Electoral Officer in Form-I and the other procedures are also

mandated thereunder. Thus, it can be seen that when the Act and the Rules

have come into force, well before 07.09.2026, when the FMSCI, being the

National Sports Body called for Annual General Meeting and the elections,

it could not have proceeded as per the existing National Sports

Development Code of India in 2011 and it ought to proceed only as per the

Act and the Rules framed thereunder.

21. As a matter of fact, the Act, apart from the post of the

President, the Act makes the post of Secretary General and the Treasurer

also mandatory. Even if their bye-laws are different, the first thing that has

to be undertaken by the National Body is to align their bye-laws in tune

with the Act and the Rules framed thereunder. Without doing so, the

election cannot be proceeded with. It is true that as on the date of the

notification, some of the timelines could not have been complied with and

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even the panel was not published by the Government. Though the panel

was not published, the Rules have come into force and it is only the panel

of the Electoral Officer alone which was not published. For the same, it

cannot be contended by the FMSCI that it can give a go away and follow

the erstwhile National Sports Development Code of India, 2011 which is

superseded in all respects of the Act and the Rules framed thereunder.

Therefore, the election notification, per se, is illegal, null and void.

22. In this regard, it must also be seen that even in the temporary

provisional recognition granted to the FMSCI under the Act by the order,

dated 23.07.2026, it has categorically mandated that the federation must

take all the necessary steps to align its constitution in accordance with the

Acts and Rules framed thereunder and well in advance, intimate the

Government. Therefore, the entire election, that is proposed to be held by

the impugned notice, dated 07.09.2026 is ab initio void, illegal and cannot

stand scrutiny of law.

23. It is contended that there will be difficulty with reference to

the recognition if the election is not conducted and completed within the

time. In this regard, considering the extraordinary situation faced in this

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instant case, that this Court has also to interfere with the election that is

proposed within the time, the provisional affiliation shall not be withdrawn

for mere delay in the election and even as per the bye-laws, the existing

office bearers can continue. Therefore, with reference to the Annual

General Body meeting, the same can proceed with reference to the other

agendas, except the election agenda. Even in the Annual General Body

meeting, a Committee can be appointed to go through the bye-laws and to

prepare a draft to align with the Rules and the Act and the next Annual

General Body meeting date can be fixed for adopting the same. Once the

same is adopted, the election notification can be made after co-opting an

Electoral Officer from the panel published by the Government of India.

24. In view of the above decision taken with reference to the

applicability of the Act and the Rules thereunder and the entire process

being nullified from the beginning, it is not essential to decide the plea

made on behalf of J.Prithiviraj, representing the Coimbatore Auto Sports

Club in W.P.No.39115 of 2026.

25. In the result,

(i) W.P.Nos.37938, 38910 and 38941 of 2026 are allowed on the

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following terms:-

(a) The impugned notice, calling for the Annual General Body

meeting, dated 07.09.2026, shall stand set aside inasmuch as it relates to

the election to the Council and the office bearers of the FMSCI.

(b) In the said Annual General Body meeting, it would be open

for the Annual General Body to deal with the other agendas and also to

form a Committee to undertake the changes in the bye-laws so as to align

the same with the requirements of the Act and the Rules framed thereunder

and the date can also be fixed for adopting the amended bye-laws.

(c) The date, so fixed, shall not be later than six weeks from

25.09.2026.

(d) Upon the amended bye-law being adopted, an Electoral

Officer shall be co-opted and the new elections, in accordance with the

Rules, shall be notified within a period of two weeks thereafter and the

entire process of election shall be completed as expeditiously as possible,

in any event, not later than two months from the date of adoption of the

revised bye-laws/articles.

(e) Until the new office bearers take over, the existing

incumbents can continue and no penal action shall be taken as against the

FMSCI by the Government of India for non-conduct of elections in that

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regard. However, the maximum period, for which the incumbents can

continue, can only be six months from today (25.09.2026) and thereafter,

the first respondent can appoint an Adhoc Committee other than the

existing office bearers if the process of election is not complete. It mus be

ensured that the sporting calendar is not interfered with on account of this

dispute.

(f) It will be open for the first respondent also to periodically

monitor the progress and ensure that the aforementioned directions are

being complied with by the Federation.

(ii) In view of the order passed in W.P.Nos.37938, 38910 and

38941 of 2026, since the election itself is going to be conducted afresh, no

further orders need be passed in W.P.No.39115 of 2026 and as such, is

disposed of keeping open the liberty of both sides to agitate the matter as

and when fresh elections are notified. In the meanwhile, it will be open for

the second petitioner, Prithiviraj, to follow up the registration of the said

Coimbatore Auto Sports Club, which is said to be pending.

(iii) There shall be no order as to costs. Consequently,

connected miscellaneous petitions are closed.

25.09.2026

Neutral Citation: yes

grs

22/24

https://www.mhc.tn.gov.in/judis

2026:MHC:3932W.P.No.39115 of 2026 etc.,

To

The Secretary,

Ministry of Youth Affairs and Sports,

Department of Sports,

Shastri Bhawan,

New Delhi – 110 001.

23/24

https://www.mhc.tn.gov.in/judis

2026:MHC:3932W.P.No.39115 of 2026 etc.,

D.BHARATHA CHAKRAVARTHY, J.

grs

W.P.No.39115, 37938, 38910 & 38941 of 2026

25.09.2026

24/24

https://www.mhc.tn.gov.in/judis