NEW DELHI: The Supreme Court on Wednesday did a cricket with football as it applied court-devised BCCI reform formula on the All India Football Federation (AIFF) by substituting the Praful Patel-led executive committee with Committee of Administrators (CoA) led by former SC Judge AR Dave.
A bench of Justices DY Chandrachud, Surya Kant, and PS Narasimha mandated the three member COA, also comprising former CEC S Y Qureshi and former India captain Bhaskar Ganguly, to forthwith take the reins of AIFF, including its day-to-day affairs as well as selection of players for various tournaments. As a consolation, the bench said CoA would be free to consult Patel-led executive committee, whose four-year tenure expired on December 20, 2022.
SC had five years ago appointed administrators to carry out reforms in BCCI and had framed a new Constitution for the richest cricket body on the suggestion of former CJI R M Lodha. Justice Narasimha as senior advocate had assisted the SC as amicus curiae in carrying out the reforms in BCCI.
Terming continuance of Patel-led Committee beyond December 20, 2020 as not in consonance with “proper governance of AIFF”, Justice Chandrachud-led bench on Wednesday laid down the timeline for early finalisation of the national football body’s Constitution.
It asked the CoA to circulate the draft AIFF Constitution among stakeholders to receive their objections and suggestions, which must be sent to CoA counsel Samar Bansal by June 30. It said the CoA will consider objections/suggestions and, if needed, suitably modify the Constitution and place it before the SC by July 15.
The bench clarified that it will take a call on the final shape to be given to the AIFF Constitution after hearing parties. “CoA will assist the Supreme Court and provide inputs for facilitating adoption of the new Constitution,” it said.
The order has effectively ruled Praful Patel and his committee out of Football House, though, it added that the “the committee will have a consultative role.”
“Football House will come under jurisdiction of the CoA,” the bench ordered, “The erstwhile committee which shall stand superseded by the terms of this present order shall forthwith handover the charge to the CoA.”
The bench noted that the body has continued to govern the administration, despite its expired tenure. “Such a state of affairs is eminently not in the interest of the proper governance of the All India Football Federation,” the bench said. The bench was hearing a plea filed by the All India Football Federation challenging a 2017 Delhi High Court order staying the fresh elections of the committee. It was, in addition, also considering an intervention application alleging that a committee is continuing illegally for over a decade.
Bestowing an expanded mandate to the CoA, the court said, “We are of the view that it would be appropriate if the two-member committee of administrators which was appointed by the order of this court (Nov 10, 2017), with a specific mandate, is expanded and the mandate of the committee is similarly broadened. The committee of administrators is reconstituted … and shall take charge of all the affairs of the All India Football Federation immediately.”
The bench also directed that the constitution draft which was submitted by Quraishi in a sealed envelope to the court on January 24, 2020, should now be open for circulation to all parties involved. “The committee of administrators (ombudsman) has prepared a constitution, we’ll accept their IA (interlocutory application) and let the constitution be placed here, and then if anybody has any objection, they can tell us so that we can modify some clause,” is said.
Any suggestion or objection to the document shall only be considered by this court, it added. Setting June 20, 2022 as deadline for submission of objections and suggestions and July 15 as the final date for tabulation of objections, and notifications, the bench added that it is expected that the election will be expeditiously conducted after the constitution is finalized.
Earlier, the AIFF’s advocate submitted that the constitution may be made available and an election may be conducted as per the new constitution.
To which petitioner Rahul Mehra said that this was another attempt by the AIFF to further derail the process and stall holding of elections. Pointing out that it had taken almost a decade for the matter to finally reach this stage and if anything goes back to the house, nothing will be accepted out there. “This is the nature of these bodies,” he told the bench, “These bodies are fiefdoms. The nature of these bodies is that it is an electoral college where you scratch my back, I’ll scratch yours. It is a vested interest of the worst possible extent.”
Mehra then urged the appointment of a court-appointed administrator who would have the court’s confidence for the next few months to carry out the process of the elections. “Two administrators (ombudsmen) are already there and one retired judge of the Supreme Court may be appointed,” Mehra said, adding that everything the deciding authority should remain with the court. “Everything comes before the Court, and the Court may decide what needs to be there,” he said.
Contesting the setting up of a CoA in the running of the football federation, the AIFF defence brought up the question of FIFA and their zero-tolerance to external interference in running national member federations. To which Mehra argued, “There is a body that is already there, it’s not something that FIFA or some other international body will derecognize you. First you have to put your house in order.”
Expanded mandate of the Committee of Administrators for AIFF
A. Assist the court and provide its inputs to facilitate the adoption of the constitution after the objections/suggestions are duly considered.
B. The CoA shall prepare the electoral rolls for the purpose of conducting the elections to the Executive Committee in accordance with the provisions of the constitution as proposed, subject to further directions as may be passed by the court after hearing all the parties.
C. The CoA shall carry out the day to day governance of the affairs of the AIFF.
D. In discharging its task in terms of the three above, the CoA would be at liberty to take the assistance of the erstwhile committee of the AIFF, which has continued in office till the date of this order, in order to facilitate appropriate decisions being taken inter-alia on the holding of tournaments, selection of players and all other ancillary matters necessary for the proper governance of the affairs of the federation.
E. The erstwhile committee which shall stand superseded by the terms of this present order shall forthwith handover the charge to the CoA
F. The CoA would be at liberty to make all appropriate arrangements if it considers necessary by engaging necessary staff etc. It is a pro-temp arrangement to facilitate the holding of elections and the handing over of the affairs to a democratically elected body in terms of the constitution which will be adopted.
