SC orders AIFF elections by August-end, paves way for players to vote

It was in May this year, the SC appointed a 3-member Committee of Administrators (CoA) headed by former Supreme Court judge, Justice (Retd) Anil R Dave, to manage the affairs of the AIFF

The Supreme Court on Wednesday paved way for the inclusion of eminent football players in the management of the All India Football Federation (AIFF) by directing the general body to be formed by 36 state association members and 36 players, both male and female, to elect an executive committee by September ahead of the Under-17 Women World Cup to be hosted by India in October this year.

Presently, the CoA has only prepared a draft Constitution on which the top court is yet to hear all sides . (File image)

The apex court ordered the interim arrangement to be put in place as FIFA, the international football body, had insisted that the inaugural of the Under-17 world cup event should be carried out under the auspices of a democratically elected body.

It was in May this year, the Supreme Court appointed a three-member Committee of Administrators (CoA) headed by former Supreme Court judge, Justice (Retd) Anil R Dave, to manage the affairs of the AIFF after it found that the sports body was not run in accordance with the National Sports Development Code, 2011.

The CoA, also comprising former Chief Election Commissioner (CEC) SY Quraishi and former captain of Indian football team Bhaskar Ganguly, had prepared a draft Constitution for AIFF and submitted a note on Wednesday giving the composition of the electoral college to elect the Executive Committee along with time-schedule for completion of election. As per the CoA, the election will take place on August 28 and counting will be completed by August 29.

Accepting the plan proposed by the CoA, the bench of justices Dhananjaya Y Chandrachud and JB Pardiwala said, “The present body of AIFF will continue for three months. They cannot claim any equities and will be subject to further orders so that the Constitution can be finalised in the meantime.”

Presently, the CoA has only prepared a draft Constitution on which the top court is yet to hear all sides (state football associations, clubs, individuals) before finalising the draft.

The general body of the AIFF will comprise of 36 nominated members representing each of the 36 state/UT football associations along with 36 eminent players, of which 24 will be male players and 12 female players. These players, having a voting right, should be such who have represented India in at least one international football tournament and have presently retired, at least two years prior to the date of notification of elections.

The bench said, “Consistent with the need of sport of football in India, sportspersons who represented the country will be of immense benefit for the development of sport in a healthy manner.”

The CoA represented by senior advocate Gopal Shankarnaraynan, proposed that the 36 eminent players are to be selected by the National Players Association.

However, due to exigency of time, considering the fact that elections are to be held within a month, Shankarnaraynan informed the apex court that the CoA had prepared a tentative list of capped players who have represented the country at the international level.

SC directed the CoA to prepare the list within 10 days by taking assistance of state associations, clubs and other stakeholders. The apex court directed the elections to be held consistently with Sports Code and Article 26 of the draft Constitution which provides for a fixed tenure and age limit.

According to the document prepared by CoA, posts can be held for two consecutive terms of 6 years each following which there will be a cooling-off period.

Prior to the administration of CoA, the President of AIFF, former union minister Praful Patel had been continuing contrary to the Code for over 12 years.

According to the suggestion of CoA, the executive committee will comprise of five members to be nominated out of state association members and five nominees from among players, besides the president and secretary.

The state associations represented by senior advocate Menaka Guruswamy objected to providing an equal vote share to players in the management of the sports body. She said this will devalue the vote of the state associations stating they also comprise of eminent players who have played the sport.

She claimed to represent the interest of 7,000 clubs, 700 district associations and 5 lakh football players working under the state associations and said that voting rights for players violates the Sports Code.

The bench observed, “You don’t want players to vote. Then the executive committee will become a fiefdom of politicians. They will dribble the ball away from the players. Is it in the interest of football?”

The bench urged Guruswamy to shed objections as the entire effort is to have an interim arrangement to send a team for the international football event scheduled later this year.

“Let us give a voice to those who have contributed to the sport through their skill and knowledge. We need players to come in or else how will the sport develop,” the bench added.

The court even clarified that there was no legal impediment as the Code cannot be read in the manner of a statute but a holistic understanding should be given to it.

Additional solicitor general (ASG) Sanjay Jain appearing for the Centre told the Supreme Court that the Code is only an enabling document and does not restrict.

The proposal of CoA to give voting rights to 36 players in the AIFF met the approval of the ASG.

Shankarnaraynan told the Supreme Court that the associations should not be heard on composition of AIFF when serious allegations of corruption cloud their functioning.

“It has become a scandal of how Jammu and Kashmir association ordered biryani worth ₹43lakh even when the money was not actually spent and AIFF hiring service of an astrologer for ₹16lakh,” he added.

The bench directed the matter to be listed in September for finalising the AIFF Constitution.