K. MURUGAN ETC. ETC. versus FENCING ASSN. OF INDIA, JABALPUR & ORS. ETC. ETC

Citation: [1991] 1 S.C.R. 658 · Decided: 22-02-1991 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Disposed off
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Judgment (excerpt)

A 
K. MURUGAN ETC. ETC. 
v 
FENCING' ASSN. OF INDIA; JABALPUR & ORS. ETC. ETC. ~ 
FEBRUARY 22, 1991 
[RANGANATH MISRA, CJ, M.H. KANIA 
AND KULDIP SINGH, JJ.) 
Societies Registration Act, 1860-Section 3-Indian Olympic ~ 
, Association-Rules and regulations regarding election of President- ' 
Sports Association~Responsibility placed on society held not res-
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ponded. 
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Consitution of India, 1950-Article 136-Appeal against High 
Court order-Indian Olympic Association-Election to office of Presi-
dent-Rule relating to meetings and rights appurtenant to elective 
office-Inapplicability of. 
..... 
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The Indian Olympic Association was a society registered under 
the Societies Registration Act, with the principal object to sponsor, 
supervise, imance, regulate and control all aspects of sports activity in 
relation to the Asian, Commonwealth, Olympic and International compe-. 
. titions. The Society had a set of rules and regulations. There are five 
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categories of members described in Rule 3. The management of the 
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affairs of the Association is entrusted to an Executive Council deimed in 
Rule l(v). Rule 8 provided that the Executive Council shall have (i) a 
President, (ii) 9 Vice Presidents, (iii) a Secretary-General, (iv) 6 
Joint Secretaries, (v) a Treasurer and (vi) 19 Members. The term of 
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the Executive Council was to be 4 years, while Rule 11 provides the 
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voting procedure. 
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The Indian Olympic Association was reconstituted with effect from ~ 
28th of October, 1984, with the appellant in C.A. No. 852 of 1991, Shri ' 
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V.C. Shukla as the President, K. Murugan, the appellant in C.A. 
No. 848of1991 as one of the 6 Joint Secretaries. 
In November, 1988, one of the Vice-President .of the 1984 Execu-
,tive Council, Shri B.S. Adityan, the appellant in C.A. No. 849/91 was 
~lected as President for a term of four years. 
On 16th of May, 1990, there was a requisition of 17 Members for 
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a special general meeting for considering the move of a no confidence 
658 
K. MURUGAN v. FENCING ASSN. 
659 
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motion against the aforesaid Shri 8.S. Adityan and his· Executive 
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Council. This initiated a period of confrontation betwffn the two 
groups in the Association. 
In May 1990, the Executive Council overruled the aforesaid re-
quisition as invalid and President Adityan called a meeting of the Gen-
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eral Assembly at Madras for 15th of June, 1990. For the ~e day the 
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other group summoned a mffting at New Delhi. This aforesaid situation 
led to Court proeffdings, and the Delhi High Court restrained the 
requisitionists from holding their mffting at New Delhi and appointed a 
retired Judge of the Delhi High Court as an observer for the meeting to 
y.r 
be held at Madras. At this meeting Shri V.C. Shukla, the appellant in 
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C.A. No. 852/91 claimed to have been elected: 
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The matter was taken to Court ·and a Single Judge decided in 
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favour of Shri B.S. Adityan, the appellant in C.A. No. 849/91, but when 
the matter came up before the Full Bench of the High Court, it remitted 
the matter to a Single Judge who appointed a retired Judge of this 
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Court to discharge the function of the President of the Association as an 
interim measure. This Order has been challenged by the appellants in 
Civil Appeals Nos. 852-853/91. 
The Fencing Association of India filed- a civil suit at Jabalpur for 
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the declaration that Shri V .C. Shukla had hffn duly elected. The appli-
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cation for injunction from having bffn rejected by the Trial Judge, an 
appeal had hffn taken to the High Court where the Single Judge 
ordered status quo. Two Civil Appeals were also tiled against this 
order. 
It was contended on behalf of the appellants that under the rules 
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the term of the President and the Executive Council was four years and 
in the absence of a clear provision for a vote of no confidence which 
would curtail the period, there could be no reduction of the period of 
office, and that the entire Executive Council could not be voted out of 
office by a motion of no confidence. 
Disposing oftbe appeals, this Court, 
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,--'?-< 
HELD: 1. Sports in modem times has been considered to be a 
matter of great importance to the community. International sports ~ 
auumed greater importance and bas been in the focus for over a few 
decades. [664D-E] 
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660 
SUPREME COURT REPORTS 
l 1991 l 1 S.C.R. 
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2. It is unfortunate that the highest body incharge of monitoring 
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all aspects of such sports has go
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