New Delhi: The Delhi High Court has reaffirmed the primacy of the All India Tennis Association's (AITA) General Body in deciding amendments to its constitution, directing that proposed changes be placed before the federation's members for clause-by-clause consideration and voting.
A Division Bench of Justices Tejas Karia and Madhu Jain passed the interim order while hearing cross appeals filed by the AITA and former Davis Cup player Somdev Devvarman against an April 27 judgment of a single judge.
The court said that after the court-appointed administrator finalises the draft amendments to the AITA constitution and bye-laws, an Extraordinary General Meeting (EGM) of the federation must be convened by July 31, where the General Body will deliberate on and vote upon each proposed amendment.
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"The members of the General Body shall deliberate upon and vote on the proposed amendments clause by clause," the Bench said, adding that reasons for acceptance, rejection or modification of each proposal should be recorded in the minutes.
The order effectively modifies portions of the single judge's ruling while retaining the process of constitutional reforms and fresh elections.
The AITA had challenged the appointment of former Jammu and Kashmir and Ladakh High Court Chief Justice Gita Mittal as administrator and sought setting aside of portions of the April 27 judgment that vested extensive powers in her, including powers relating to constitutional amendments, elections and administration of the federation.
The tennis body argued that there was no finding of illegality in its elections or any institutional breakdown warranting the creation of a parallel administrative structure.
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"The court order protects the autonomy of AITA as a democratic association," Parth Goswami, who represented AITA in the court, told PTI.
"Importantly, the Court has affirmed the role of the General Body as the supreme decision-making authority by allowing it to deliberate upon and vote on the proposed constitutional amendments. The order ensures compliance with the new legal framework which is the NSG Act while preserving the federation's democratic processes," he said.
AITA also contended that powers relating to amendments of the constitution and by-laws were reserved for the federation's Executive Committee and General Body.
On the other hand, Devvarman and Purav Raja challenged those parts of the single judge's judgment which had recognised the Executive Committee elected in September 2024 and allowed it to function as an interim body.
They sought to have the affairs of the federation remain under the administrator until fresh elections were conducted after constitutional amendments.
Without deciding the merits of either challenge, the Division Bench recorded the willingness of both sides to work towards amendments of the AITA constitution in conformity with the National Sports Governance Act, 2025, and the National Sports Governance (National Sports Bodies) Rules, 2026.
The court directed the interim Executive Committee to submit its suggestions and objections to the administrator's draft amendments by June 25. The administrator will then consider the proposals, hear the committee and finalise a consolidated draft by July 15.
The Bench further ordered that fresh elections to the AITA Executive Committee be conducted under the amended constitution and the new sports governance framework by September 30.
Existing state bodies to vote in fresh AITA elections
The court also clarified that affiliated state tennis associations would be allowed to vote in the EGM and in the ensuing elections irrespective of whether they had achieved compliance with the new sports governance regime at the time of voting.
The court also said any decision taken by the General Body on the proposed amendments would remain subject to the final outcome of the appeals.
"The clarification that all affiliated state tennis associations shall be entitled to participate and vote in the amendment process and the forthcoming elections preserves the representative character of the federation through member state associations and ensures that the transition of AITA to the new governance framework takes place through a genuinely democratic process. ," said Goswami.
The dispute traces its origins to a writ petition filed by Devvarman and Raja challenging the conduct of the AITA elections held on September 28, 2024, alleging violations of the National Sports Development Code and earlier court directions on sports governance.
A single judge had on April 27 this year ordered opening of the sealed election results, recognised the elected body as an interim Executive Committee, appointed an administrator and directed fresh elections after amendments to the federation's constitution in line with the new sports law.
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