Only Polling Left: Delhi High Court Declines To Interdict NSCI Central Council Elections
The Bench directed L&DO to decide pending approval for region-wise voting rule within two weeks, leaves it to NSCI to decide on deferring results.
The Delhi High Court has declined to stall the ongoing Central Council elections of the National Sports Club of India (NSCI), holding that with nominations, scrutiny and withdrawal already completed and only polling remaining, the election process had reached too advanced a stage to be judicially interdicted.
At the same time, the Court directed the Land & Development Officer (L&DO) to take a decision within two weeks on NSCI's pending request for approval, under Clause 2(16) of its 1956 Perpetual Lease Deed, to an amendment of Rule 47(a) providing for region-wise voting instead of the existing joint/mixed voting system between the club's Delhi and Mumbai regions.
A Single Bench of Dr. Justice Swarana Kanta Sharma observed, “…this Court is not inclined to interdict the election process, particularly when it has reached an advanced stage and only the polling remains to be held. The question whether NSCI is amenable to the writ jurisdiction of this Court in matters concerning its internal administration and elections is, therefore, left open to be decided in an appropriate case”.
“…while this Court is not inclined to interdict the election process, it shall be open to NSCI to take an appropriate decision, in accordance with its Memorandum of Association, Rules and Regulations and Bye-laws, as to whether it deems it appropriate to defer the elections awaiting the decision of the L&DO…”, the Bench further directed.
Advocate Mohit Khanna appeared for the petitioners and Senior Advocate Santosh Paul appeared for the respondent.
The petitioners, Mumbai Region members of NSCI, sought either approval of the amended Rule 47(a) or a direction restraining NSCI from holding the Central Council polls, scheduled for August 02, 2026, under the unamended rule.
The amendment had been approved by a referendum recording 78.5% support, cleared by the Central Council with the requisite majority, and unanimously adopted at an EOGM on April 17, 2026, following which NSCI sought lease-deed approval on May 11, 2026, a request the LG forwarded to the L&DO, where it remained undecided even as the election schedule was notified on June 06, 2026.
The Court noted that when the election process was set in motion, NSCI and its members were aware that approval was still awaited, and that despite this, all stages barring polling had since been completed. Relying on the settled principle, reiterated in Nathu Ram Jain v. Akhil Bhartiya Agrawal Sammelan & Ors. 2026:DHC:3467 and the Division Bench ruling in Yachting Association of India v. Boardsailing Association of India LPA 523/2013, that courts must exercise restraint once an election process has commenced, the Bench held it was "not inclined to interdict the election process”. It left open, without adjudication, the question of whether a writ petition is maintainable against NSCI as a private society.
Accordingly, the Court directed the L&DO to decide the pending approval request within two weeks, while clarifying that it would be open to NSCI, under its own Rules and Bye-laws, to decide whether to defer the elections or otherwise give effect to the amendment if the L&DO's decision arrives before declaration of results. The petitioners were left at liberty to pursue other available remedies.
Cause Title: Kiran Ramakant Temkar & Anr. v. The Lieutenant Governor, NCT of Delhi & Ors. (Neutral Citation: 2026:DHC:6165)
Appearances:
Petitioners: Mohit Khanna, Advocate.
Respondents: Sameer Vashisht, Standing Counsel, Harshita Nathrani, Aryaman, Ripu Daman Bhardwaj, CGSC, Kushagra Kumar, Amit Kumar Rana, Salim Inamdar, Aditya Panda, Srinjoy Roy C, Santosh Paul, Senior Advocate, Vedant Mishra, Aditi Raj, Advocates.