Reconstitution of Committee of Administrators for All India Football Federation: Legal Insights and Court’s Direction
This case concerns the reconstitution of the Committee of Administrators (CoA) for the All India Football Federation (AIFF) following the quashing of the previous election process by the Delhi High Court. The appeal filed by the All India Football Federation challenges the decision made by the High Court and seeks to continue the governance of AIFF under a newly formed Committee of Administrators with a mandate to prepare the Constitution of the Federation and hold elections for the Executive Committee.
Petitioner’s Arguments
The petitioner, represented by senior counsel Mr. Shyam Divan, argued that the interim order passed by this Court on 10th November 2017 to set up the Committee of Administrators (CoA) was intended to ensure the proper functioning of the AIFF and the holding of elections to the Executive Committee. The petitioner contended that the previous elections, which were held on 21st December 2016, had been set aside by the Division Bench of the Delhi High Court on 31st October 2017, and this decision had been stayed by the Supreme Court. The petitioner emphasized that despite the expiry of the term of the elected body on 20th December 2020, the CoA continued to govern the AIFF, which was detrimental to the Federation’s governance.
The petitioner further argued that the reconstitution of the CoA was necessary for the proper governance of the AIFF until the elections could be held. The petitioner cited the need for an experienced and capable panel to manage the affairs of the Federation and ensure compliance with the National Sports Code and Model Guidelines, as mandated by this Court’s earlier orders.
Respondent’s Arguments
The respondent, represented by Mr. Rahul Mehta, opposed the appeal, arguing that the CoA had already been functioning effectively and that the changes in the CoA were unnecessary. The respondent pointed out that the CoA had been tasked with preparing the Constitution and holding the elections to the Executive Committee. The respondent emphasized the ongoing process and the fact that the interim order had allowed the CoA to operate and facilitate the creation of the Constitution of the AIFF.
The respondent also argued that the reconstitution of the CoA, while under the authority of the Court, was not necessary as it would result in further delays in the election process. The respondent claimed that the Court should allow the CoA to continue its work and focus on completing the tasks at hand, particularly finalizing the Constitution, which would pave the way for the elections.
Court’s Analysis and Conclusion
The Supreme Court reviewed the arguments presented by both parties and examined the legal framework surrounding the governance of AIFF. The Court noted that the previous elections had been set aside by the High Court and that the term of the elected body had expired, necessitating the continued governance of AIFF by an administrator. The Court observed that the reconstitution of the CoA was an essential step to ensure the proper functioning of the Federation until the elections could be held in accordance with the final Constitution, which was being drafted.
The Court also considered the need for the CoA to be composed of experienced individuals who could manage the Federation effectively. The Court recognized the contributions of the previous members of the CoA but decided that a new panel consisting of distinguished individuals with expertise in law, election processes, and football governance was necessary to expedite the process of finalizing the Constitution and holding the elections. The Court agreed to reconstitute the CoA and appointed Justice Anil R. Dave, Dr. S.Y. Qureshi, and Mr. Bhaskar Ganguly as the new members of the CoA.
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The Court directed that the reconstituted CoA would take charge of the AIFF’s affairs and carry out the necessary tasks, including assisting the Court in the adoption of the Constitution, preparing the electoral roll for the Executive Committee elections, and ensuring the proper governance of the Federation. The Court further directed that the elections should be completed expeditiously after the Constitution is finalized. The Court also emphasized that the CoA should work expeditiously to finalize the Constitution and hold the elections in a timely manner, while also ensuring the smooth functioning of the Federation’s activities during this period.
Final Decision
The Supreme Court allowed the appeal and reconstituted the CoA with the following members: Mr. Justice Anil R. Dave, former Judge of the Supreme Court; Dr. S.Y. Qureshi, former Chief Election Commissioner; and Mr. Bhaskar Ganguly, former captain of the Indian Football Team. The Court directed that the reconstituted CoA would take over the governance of the AIFF, finalize the Constitution, prepare the electoral roll, and facilitate the elections for the Executive Committee. The Court further directed that the elections should be completed expeditiously after the Constitution is finalized. The appeal was allowed, and the judgment of the High Court was set aside.
Petitioner Name: All India Football Federation.Respondent Name: Rahul Mehra & Ors..Judgment By: Justice D.Y. Chandrachud, Justice Surya Kant, Justice Pamidighantam Sri Narasimha.Place Of Incident: New Delhi.Judgment Date: 18-05-2022.
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