FMSCI election process declared void for violating National Sports Governance Act; Madras HC orders fresh polls under new rules

The petitions concerned the proposed election of the Executive Council, President and Vice-President of the Federation of Motor Sports Clubs of India (“FMSCI”), a recognised National Sports Federation for motor sports.

FMSCI issued a notice dated 7 September 2026 convening its 53rd Annual General Meeting and proposing elections under its existing Articles of Association and the National Sports Development Code of India, 2011.

The petitioners challenged the election process, alleging, inter alia, manipulation of the electoral college, non-compliance with the National Sports Governance Act, 2025 (“2025 Act”) and the Rules framed thereunder, and appointment of a non-independent Returning Officer.

In W.P.No.39115 of 2026, Coimbatore Auto Sports Club and its Secretary challenged the rejection of J. Prithiviraj’s nomination for President on the ground that the Club had been struck off the register of societies and was therefore not a legal person.

FMSCI contended that the election process had commenced before the Government notified the National Sports Election Panel under Section 16 of the 2025 Act and that the election could therefore proceed under the 2011 Code.

Whether FMSCI’s proposed election could be conducted under the National Sports Development Code of India, 2011 and its existing Articles/bye-laws, or whether it was required to comply with the National Sports Governance Act, 2025 and the Rules framed thereunder?

Whether the election notice dated 7 September 2026, issued without aligning FMSCI’s constitutional documents and election process with the 2025 Act and the Rules, was legally sustainable?

Whether the Court should adjudicate the legality of the rejection of Prithiviraj’s nomination and the status of Coimbatore Auto Sports Club in the present writ proceedings?

The Court applied the National Sports Governance Act, 2025, particularly Sections 3, 4, 15, 16 and 31.

Section 3 treats each National Sports Federation for a designated sport as the governing body of that sport; Section 4 prescribes the composition of the General Body and Executive Committee; Section 15 requires recognised sports organisations and their affiliating units to comply with the Act, Rules and regulations; Section 16 provides for a National Sports Election Panel from which Electoral Officers must be appointed; and Section 31 authorises the Central Government to frame election and governance rules.

Rule 9 of the National Sports Governance (National Sports Bodies) Rules, 2026, read with Schedule II, mandates fair and transparent elections to elected posts of the Executive Committee and prescribes the functions of the Electoral Officer, publication of the electoral roll, nominations, scrutiny, polling, counting and declaration of results.

The governing principle was that, once the Act and Rules had come into force before the election notice, the statutory regime superseded the inconsistent 2011 Code and existing bye-laws.

Questions concerning individual voters or rejection of nominations ordinarily fall for determination by the appropriate election forum or civil court.

The Court held that the relevant provisions of the 2025 Act had been brought into force in stages, with Section 16 coming into force on 17 August 2026, and that the Rules had been notified on 26 May 2026—both before FMSCI issued its election notice on 7 September 2026.

Since FMSCI was a National Sports Federation governed by the Act, it could not rely on the superseded 2011 Code merely because the National Sports Election Panel had not yet been published or because compliance with certain timelines was difficult.

The absence of a notified panel did not suspend the operation of the Act and Rules.

Further, FMSCI’s provisional recognition itself required it to align its constitution with the statutory framework.

Accordingly, the election notice and the proposed election process were void from inception.

The Court did not decide the merits of Prithiviraj’s nomination challenge because the entire election process was being annulled and a fresh election was directed.

FMSCI was permitted to conduct the remaining Annual General Body Meeting agenda and constitute a committee to amend its bye-laws in conformity with the 2025 Act and Rules.

The amended bye-laws were to be adopted within six weeks from 25 September 2026; an Electoral Officer from the notified National Sports Election Panel was thereafter to be appointed, and fresh elections were to be notified within two weeks and completed within two months of adoption of the revised bye-laws.

Existing office-bearers could continue until the new office-bearers assumed office, subject to a maximum period of six months from 25 September 2026, after which the Central Government could appoint an Ad hoc Committee excluding the existing office-bearers.

W.P.No.39115 of 2026 was disposed of without deciding the nomination dispute, with liberty to both sides to raise it when fresh elections were notified; Prithiviraj was left free to pursue the pending revival/registration proceedings concerning Coimbatore Auto Sports Club.

No order as to costs was made.