ALL INDIA FOOTBALL FEDERATION versus RAHUL MEHRA & ORS

[2022] 4 S.C.R.

AALL INDIA FOOTBALL FEDERATION

RAHUL MEHRA & ORS

(Special Leave Petition (Civil) Nos. 30748-30749 of 2017)

BMAY 18, 2022

[DR DHANANJAYA Y CHANDRACHUD, SURYA KANTAND PAMIDIGHANTAM SRI NARASIMHA, JJ.]

All India Football Federation – Committee of Administrators– This Court by an interim order, constituted Committee ofCAdministrators (CoA) for formulating the Constitution of thefederation; ensuring constitution of Executive Committee and forholding elections – CoA placed draft constitution for inviting anysuggestion or objection – All the objections to be placed before theCourt – Two member CoA, which was earlier appointed by the CourtDto prepare constitution and hold elections was reconstituted withthree members – Now the CoA to assist the Court and provide itsinputs in the course of the proceedings so as to facilitate adoptionof the Constitution – The CoA to prepare the electoral roll/collegefor the purpose of conducting the elections to the ExecutiveCommittee in accordance with the provisions of the Constitution, asEproposed – The CoA to make all appropriate arrangements, for thegovernance of the Federation, until elections are held – The CoA toassist the Court and carry out the day to day governance of theFederation – The CoA to issue appropriate directions in regard tothe operation of accounts, funds and payment of expenses incurredFfor the functioning of the Federation – Matter listed for hearing ofobjections.

EXTRA ORDINARY APPELLATE JURISDICTION: SpecialLeave Petition (Civil) Nos. 30748-30749 of 2017.

From the Judgment and Order dated 31.10.2017 of the High CourtGof Delhi at New Delhi in CM No. 46919 of 2016 and CM No.19815 of2012 in W.P. (C) No.195 of 2010.

Shyam Divan, Siddharth Bhatnagar, Sr. Advs., Premtosh Mishra,Debmalya Banerjee, Kartik Bhatnagar, Anmol, Nicholas Choudhary,

Shreesh Chadha, Adith for M/s Karanjawala & Co., Advs. for theAppellant.

Rahul Mehta, Chaitanya Gosain, Parshant Bhushan, KotlaHarshavardhan, Kshitij Maheshwari, N. Sai Vinod, Ms. SwarupamaChaturvedi, Kanu Agarwal, Apoorv Kurup, Amrish Kumar, HemantPhalpher, Nar Hari Singh, Dr. Amaresh Kumar, Shuvodeep Roy,Anshuman Amaresh, Gaurav Kumar, Nagarkatti Kartik Uday, Advs.for the Respondents.

The following Order of the Court was passed:

1. Application for intervention[1] is allowed.

2. By an interim order dated 10 November 2017, Committee ofAdministrators[2] (also described as Ombudsmen), was constituted for (i)formulating the Constitution of the All India Football Federation[3] inconsonance with the National Sports Code and the Model Guidelines;(ii) ensuring the constitution of the Executive Committee and for holdingelections.

3. The CoA has sought the permission of the Court to submit itsreport. Mr Samar Bansal, counsel appearing on behalf of CoA submitsthat before the report was finalized, the CoA circulated the draft reportto the constituent units to elicit responses. The report has been finalizedafter taking into consideration the responses which were received.

4. The CoA, acting under the authority assigned to it by this Courtin terms of the above order has sought the permission to place theConstitution for further consideration. The request of the CoA is allowed.

5. The proposed Constitution of the All India Football Federationwhich has been directed to be presented to court in sealed cover in theearlier interim order shall be circulated to all the parties. Any objectionor suggestion to the Constitution, as proposed, shall be filed only beforethis Court on or before 30 June 2022. Any party desirous of obtaining acopy of the proposed Constitution would be at liberty to email its requestto Mr Samar Bansal, counsel appearing on behalf of CoA. Mr Bansalwill circulate the proposed Constitution to the parties and to any other

1 IA 52826 of 2022

2 “CoA”

3 “Federation”

Aconstituent unit. Thereafter, all objections and suggestions shall also beemailed to Mr Bansal who shall collate the objections for the purpose ofrendering facilitative assistance to this Court. Counsel is requested toprepare tabulated statement of:

(i) The parties submitting suggestions/objections:

(ii) The nature of the suggestions/objections; and

(iii) The inputs of the CoA on the proposed suggestions/objections.

6. This exercise shall be carried out by the CoA on or before 15July 2022 and tabulated statement shall be placed on the record. TheCtabulated statement shall also be circulated to all the parties so as toapprise them of the position.

7. The elections of the Executive Committee which were held on21 December 2016 were set aside by the judgment of the Division Benchof the High Court of Delhi dated 31 October 2017. During the pendencyDof these proceedings, by the interim order dated 10 November 2017, theoperation of the judgment of the High Court was stayed, including thedirections which were issued in paragraph 22 of the judgment. The normaltenure of the elected body would, in any event, have come to an end on20 December 2020. The consequence of the order of stay is that despitethe expiry of its four year term, the Executive Committee has continuedEto govern the affairs of the Federation. This state of affairs is not in theinterest of the proper governance of the Federation. Hence, the twomember CoA which was appointed by the order of this Court dated 10November 2017 with specific mandate to prepare the Constitution andhold elections to the Executive Committee, is reconstituted to consist ofFthe following members:

(i) Mr Justice Anil R Dave, former Judge of the Supreme Court;

(ii) Dr S Y Qureshi, former Chief Election Commissioner; and

(iii) Mr Bhaskar Ganguly, former captain of the Indian FootballTeam.G8. The CoA shall take charge of the affairs of the Federation andshall carry out the following functions:

(i)The CoA shall assist this Court and provide its inputs in thecourse of the present proceedings so as to facilitate the

adoption of the Constitution after the objections/suggestionsare considered;

(ii)The CoA shall prepare the electoral roll/college for the purposeof conducting the elections to the Executive Committee inaccordance with the provisions of the Constitution, asproposed, subject to such further directions as may be issuedby this Court after hearing the parties;

(iii) The CoA shall carry out the day to day governance of theFederation;

(iv) In discharging its task in terms of (iii) above, the CoA wouldbe at liberty to take the assistance of the erstwhile Committeeof the Federation which has continued till the date of thisorder in order to facilitate decisions being taken, inter alia,on the holding of tournaments, selection of players and allother matters necessary for the proper governance of theFederation;

(v) The erstwhile Committee which shall forthwith hand overthe charge to the CoA; and

(vi) The CoA would be at liberty to make all appropriatearrangements, for the governance of the Federation, untilelections are held.

9. The present direction is temporary arrangement in order tofacilitate the holding of elections and the handing over of the affairs to ademocratically elected body in terms of the Constitution which will beadopted.

10. It is expected that the process of conducting the electionsshould be completed expeditiously after the Constitution is finalized.

11. The CoA is requested to submit its report to this Court proposingthe honorarium payable to the three members, together withreimbursement of incidental expenditure that may be incurred for thepurpose of the functioning of the CoA. The CoA would be at liberty totake the assistance of or to consult the erstwhile Committee for suchpurposes as is necessary to ensure the smooth functioning of the affairsof the Federation until elections are held. The erstwhile Committee shallcooperate in all respects with the CoA. The CoA shall be at liberty to

772SUPREME COURT REPORTS

Aissue appropriate directions in regard to the operation of accounts, fundsand payment of expenses incurred for the functioning of the Federation.

12. The petition shall be posted for hearing of objections on 21July 2022.

Ankit Gyan

Directions issued.