(Prayer in Arb.O.P.No.1 of 2026 To appoint a Sole independent Arbitrator to arbitrate the disputes between the Petitioner and the Respondents as per the Provisions of the Arbitration and Conciliation Act, 1996.

In O.A.No.1170 of 2025 To grant an order of interim Injunction restraining the respondents, their men, agents, servants or any person claiming under them from Conducting Election for the 1st Respondent TNFA without convening the 1st Respondent TNFAs General Body Meeting, pending disposal of the arbitration proceedings.)

Common Order

1. The Arbitration Original Petition had been filed to appoint a Sole independent Arbitrator to arbitrate the disputes between the Petitioner and the Respondents as per the Provisions of the Arbitration and Conciliation Act, 1996.

2. The Original Application had been filed to grant an order of interim Injunction restraining the respondents, their men, agents, servants or any person claiming under them from Conducting Election for the 1st Respondent TNFA without convening the 1st Respondent TNFAs General Body Meeting, pending disposal of the arbitration proceedings.

3. Heard the learned counsels appearing on either side and perused the materials placed on record.

4. The issue involved in this present Application and Original Petition relates to the authority under which the applicant, claims himself to be the President of the Thanjavur District Fencing Association.

5. During the course of arguments, it was noted that even an election to the first respondent body had not been conducted from the year 2021 and it is brought to the notice that as of today, in the State of Tamil Nadu, only 21 Districts have been recognised by the first respondent and non recognition of Associations at District Level would cause severe prejudice to the Sportsmen in the particular Sport.

6. That apart, this Court is surprised to note that no elections had been held, admittedly to the first respondent Association which as per its own Byelaw would have to be made every three (3) years and the Ad-hoc Committee constituted by the second respondent has been continuing to function without conducting the election. Last of the election to the first respondent body was conducted in the year 2019, wherein only 45 votes were permitted to be voted and when read in consonance with the bye-laws of the first respondent Association, it could be noted that only 22 Associations have been permitted to vote.

7. Further it is to be seen that an Act had been promulgated in the year 2025 which had come into effect from 01.01.2026 named the “National Sports Governance Act, 2025”. The said Act envisages various provisions relating to 'recognition and registration'. The Act further also envisages a National Sports Board vesting with powers of recognition to Sports Organisation and Registration affiliate units with further power to suspend or cancel such recognition for registration. It also envisages an establishment of National Sports Governing body for each of the designated sports within inbuilt mechanism for dispute resolution.

8. In a recent judgment of the Hon'ble Apex Court in the case of Trichirappalli District Cricket Assocation vs. Anna Nagar Cricket Club and Anr., reported in 2026 SCC Online SC 201, the Hon'ble Apex Court had held as follows:-

                     “ 21. However, though enforcement of such a reform as contemplated in the BCCI judgment cannot be done through judicial review, we must clarify that it is open, rather necessary, for the State Association to initiate reforms to ensure that District Associations operate as professional, transparent, and in the best interests of the sport.

                     22. Such reforms may include transparency in the selection of players and also the execution of contracts. In fact, District Associations must volunteer to adopt reformative measures such as good governance, refined management, transparency, and the exclusion of conflicts of interest. Recognising the importance of sport to national life, this Court has an occasion to observe that, National, international, regional or even mohalla sports in India serve as the Karmabhumi where cohesion and collective purpose take tangible form. They bring together individuals from diverse social, linguistic, and cultural backgrounds under a common pursuit, embodying the Constitutional value of fraternity. Here, individual and collective aspirations find a way to coalesce. On the field, teamwork compels individuals to set aside personal distinctions and work together, cultivating habits of cooperation, solidarity, and mutual respect. Accessibility of sports is important, for when opportunities to participate are open to all— irrespective of race, caste, religion, sex, or economic status—the unifying power of sport is amplified. This inclusiveness ensures that sports become not a privilege of the few but a medium through which fraternity is strengthened across society. In this way, sports operationalise what the framers envisioned : an intangible yet indispensable force that holds us together through shared effort and common purpose.

                     23. It is high time we recognize that sporting “facilities and opportunities”(Article 38(2) Indian Constitution) are “material resources of the community”(Article 39(b) Indian Constitution), and their organizers are “the institutions of the national life”(Article 38 Indian Constitution). As “places of public resort”(Article 15(2) Indian Constitution), sporting institutions and bodies must remain accessible, not just for pursuing sport, but also for its administration. It should be the deeper Sadhana (endeavour) of the State, and it is also our Constitutional duty to ensure that sporting facilities and opportunities flourish with institutional efficiency, integrity, professionalism, and expertise. It is also necessary to ensure that sporting facilities and opportunities are not concentrated in the hands of the urban economic elite and that the revenues from sporting events, intellectual property and media rights are so distributed to subserve and encourage accessible and affordable sport in our country. (All India Football Federation v. Rahul Mehra, 2025 INSC 1131)...”

9. It is to be noted that the aforesaid judgment had arisen in the context of its Sports Association within our State. The Hon'ble Apex Court had categorically held that this Sporting “facilities and opportunities” are material resources of the community and it is the constitutional duty that such sporting facilities and opportunities flourish with institutional efficiency, integrity, professionalism and expertise.

10. Viewing this case on the touchstone of the judgment of the Hon'ble Apex Court referred to above, this Court is of the view that firstly election to the first respondent body have to be conducted and also taking note that only 22 recognised Associations were therein in the year 2019, it would only be imperative that the Hon'ble Mr.Justice R.Suresh Kumar, Former Judge of this Court (residing @ P-Block, 2nd Floor, 6th Flat, TAISHA-2, TNHB Complex, West Natasen Nagar, Virugambakkam, Chennai-92, Cell No.9444087353) is appointed as an Election Officer, who will first look into the bye-laws of the first respondent Association and also consider the various members who had been admitted by it and call upon such Associations, even though they are not recognised as of today and also conduct elections to the District Associations, where elections have not been conducted three years preceding to 2026 and thereafter, conduct the elections to the first respondent Association body. He would be entitled for a remuneration of Rs.1,00,000/- (Rupees One Lakh only) per month, apart from other incidental expenses, which shall be borne by the first respondent.

11. The matter shall be listed on the report being filed by the learned Election Officer.