Summary
In the All India Football Federation's appeal against the Delhi High Court's judgment of 31.10.2017 setting aside its Executive Committee elections of December 2016, the Supreme Court had stayed the judgment and on 10.11.2017 appointed a two-member Committee of Administrators to frame a Constitution for the Federation and hold elections. The Committee submitted a draft Constitution. As the Executive Committee's four-year term had expired in December 2020 and it had continued only because of the stay, which was not in the interest of proper governance, the Court directed circulation of the proposed Constitution for objections by 30.06.2022, reconstituted the Committee with three members, directed it to take charge of the Federation's governance and prepare the electoral college, and ordered the erstwhile Committee to hand over charge.
Issues
- Whether the Executive Committee of the All India Football Federation, whose elected term expired in December 2020 and which has continued only by virtue of an interim stay, should be permitted to continue governing the Federation pending adoption of a new Constitution and elections, or whether a Court-appointed Committee of Administrators should take charge.
Provisions considered
- Article 136 (interim directions in appeal) read with the National Sports Code and Model Guidelines, Constitution of IndiaIn exercise of its appellate jurisdiction the Court continued its supervisory arrangement: the Committee of Administrators appointed in 2017 to frame a Constitution consonant with the National Sports Code was reconstituted and empowered to govern the Federation temporarily until a democratically elected body assumes office under the Constitution to be adopted. (¶¶ 2, 7, 8, 9)
Held
- The proposed Constitution prepared by the Committee of Administrators after circulating the draft to constituent units is to be circulated to all parties, with objections and suggestions to be filed only before this Court by 30.06.2022 and collated by the Committee's counsel in a tabulated statement, with the Committee's inputs, by 15.07.2022. (¶¶ 3, 4, 5, 6)
- The consequence of the stay of the High Court judgment has been that the Executive Committee, whose normal tenure ended on 20.12.2020, has continued to govern the Federation; this state of affairs is not in the interest of proper governance. The Committee of Administrators is therefore reconstituted with three members and shall take charge of the Federation, assist the Court in adopting the Constitution, prepare the electoral roll for elections to the Executive Committee, carry out day-to-day governance (taking the erstwhile Committee's assistance on tournaments, player selection and like matters), and make arrangements for governance until elections; the erstwhile Committee shall hand over charge forthwith and cooperate. (¶¶ 7, 8, 11)
- The arrangement is temporary, to facilitate elections and the handing over of the Federation's affairs to a democratically elected body under the Constitution to be adopted; elections should be completed expeditiously after the Constitution is finalised, and the Committee is to propose its members' honorarium and expenses. (¶¶ 9, 10, 11)
Result
Directions issued: intervention allowed; the Committee of Administrators' proposed Constitution of the All India Football Federation to be circulated with objections due by 30.06.2022 and a tabulated statement by 15.07.2022; the Committee reconstituted with Justice Anil R. Dave, Dr. S.Y. Quraishi and Bhaskar Ganguly to take charge of the Federation's governance and prepare for elections; erstwhile Executive Committee to hand over charge; matter listed on 21.07.2022.