Madras HC Sets Aside FMSCI Election Process

FMSCI held its AGM in Chennai on Friday but could not proceed with the election owing to the court order. The existing office-bearers, however, can continue until a new committee is elected, with the court fixing a maximum period of six months.

Justice D. Bharatha Chakravarthy, while disposing of four connected writ petitions, held that the election notice issued by the FMSCI on September 7 was “illegal, null and void” as it was not conducted under the new sports governance law and rules.

“When the Act and the Rules have come into force, well before 07.09.2026, when the FMSCI, being the National Sports Body called for Annual General Meeting and the elections, it could not have proceeded as per the existing National Sports Development Code of India in 2011 and it ought to proceed only as per the Act and the Rules framed thereunder,” the court order said.

The court was hearing four writ petitions connected with the FMSCI election. Madras Motor Sports Club, a founding member, had challenged the September 7 notice convening the AGM and proposing elections to the Council, President and Vice-President. Motor Sports Club of Chikmagalur and Indian Motorsport Marshals Club filed similar petitions, raising objections to the manner and timing of the election process.

The fourth petition was filed by Coimbatore Auto Sports Club and its secretary J. Prithiviraj after his nomination for the post of president was rejected by the Returning Officer on September 21.

The Returning Officer rejected the nomination on the ground that Coimbatore Auto Sports Club had become defunct and had been struck off the rolls of registered societies. Prithiviraj argued that an application for revival of the club was pending and that the club was a founding member of the FMSCI. He also pointed out that his nominations had been accepted in the 2022 and 2024 elections.

The High Court, however, said it was not necessary to decide the dispute over Prithiviraj's nomination because it had already found the entire election process to be invalid.
The federation told the court that, as on September 7, the Government of India had not published the panel of Electoral Officers and that the election was therefore being conducted under the earlier National Sports Development Code of India, 2011.

The FMSCI also argued that questions relating to the electoral roll, induction of members and rejection of nominations could be challenged separately through an election petition after the results.

The National Sports Governance Act was enacted in August 2025 and received presidential assent before being notified in January 2026. Different provisions of the Act came into force in stages, with Section 16, which provides for the National Sports Election Panel, coming into force on August 17, 2026.

The court noted that the FMSCI is the recognised National Federation for motorsport and therefore comes under the Act.

The court also noted that the FMSCI's provisional recognition granted by the Government on July 23, 2026 required it to align its constitution with the new Act and Rules. The court said the election process could not go ahead until the federation amended its bye-laws to bring them in line with the new legal framework. "Without doing so, the election cannot be proceeded with," the court said.

The court also rejected the concern that postponing the election would automatically jeopardise the FMSCI's recognition. It directed that the federation's provisional affiliation should not be withdrawn merely because of a delay in holding the election. The existing office-bearers can continue in the meantime.

The court allowed the three petitions challenging the election notice and directed that the election portion of the September 7 AGM notice be set aside. The AGM can still deal with its other agendas and can constitute a committee to amend the FMSCI bye-laws in accordance with the new Act and Rules. The amended bye-laws have to be adopted within six weeks from September 25. Once the amended bye-laws are adopted, an Electoral Officer has to be appointed from the government-notified panel and fresh elections must be notified within two weeks.

The entire election process has to be completed as early as possible and, in any case, within two months of the adoption of the revised bye-laws and Articles of Association. Until the new office-bearers take charge, the existing office-bearers can continue. However, their continuation cannot exceed six months from September 25. If the election process is not completed by then, the Centre can appoint an Adhoc Committee consisting of persons other than the existing office-bearers.

The court also specifically directed that the FMSCI's sporting calendar should not be affected by the dispute.