NEW DELHI: The Delhi High Court’s ruling on Tuesday declaring the All India Football Federation elections of December 2016 invalid had nothing to do with tenure (as SportzPower initially assumed) and everything to do with the nominations procedure followed by the AIFF.
It bears noting that it was the Goa Football Association, which crowed vindication after the apex court set aside the election of Praful Patel as AIFF president, that had petitioned the returning officer Justice BC Kandpal (Retired) during the December 2016 elections, asserting major diversions in the AIFF election procedures from the model election guidelines.
As a sports official told Calcutta Telegraph, “The Sports Code clearly says that only two proposers are needed from among the members to file nomination for the post of president. The AIFF raised the number to five claiming it was as per the FIFA constitution.
“In reality, it was only an attempt by a section of the people in the AIFF to prevent others from filing nomination. It is a clear violation of the code.”
GFA president Elvis Gomes made the same point to Goa’s Herald newspaper when he stated: “As per the Sports Code, each candidate had to be nominated by one member association and seconded by one member association. But they complicated the procedure wherein the AIFF electoral process had each candidate nominated by five member associations. And that wasn’t possible in two days. They knew it very well and this is how they kept us (GFA) out.”
For the record, the December 2016 election was the first time in three decades that GFA had no representation in the AIFF executive committee.
Coming back to the High Court verdict. The court has ruled that that the federation elections were conducted without conforming to the National Sports Code.
In Patel’s absence, former chief election commissioner SY Quraishi has been given administrative charge at AIFF and a five-month time frame within which to conduct fresh elections, place a fresh executive body in the AIFF and also amend the constitution of the AIFF to bring it in consonence with the National Sports Code.
On the matter of a court appointed administrator, there have been fears raised that the court verdict could lead to FIFA suspending AIFF for outside interference, as was the case recently with Pakistan, which remains suspended following a disputed election. But, as Hindustan Times points out, the Pakistan body was split into two factions, with both claiming election victory. And FIFA had given it two years to sort out the mess.
In the present case, there is no real equivalence therefore.
As for the AIFF, it is considering all options, including going in appeal, once it has fully studies the court order.
The AIFF released the following statement in the wake of the Delhi High Court’s ruling:
The All India Football Federation (AIFF) is aware that earlier today (Tuesday), the Hon’ble High Court of Delhi has pronounced its judgment in the matter which was earlier reserved on 14th February, 2017. AIFF understands that the hon’ble court has to make certain corrections, after which the order would be made available to the parties.
The Hon’ble High Court while pronouncing the order appointed Dr. S. Y. Quraishi as the administrator and the returning officer to conduct a fresh election within 5 months. The Hon’ble High Court also directed to amend the AIFF Constitution to make it compliant with the National Sports Code.
Earlier, the Hon’ble Court vide its order dated 15th December, 2016 had observed that the election ought to be conducted as per the applicable rules of the institution concerned and also in consonance with the National Sports Code and the elections guidelines contained with respect to conduct and eligibility conditions including age, tenure and restrictions. That the Hon’ble Court further vide the same order restrained AIFF from completing its election scheduled for 21st December, 2016.
Immediately, AIFF had approached the Hon’ble High Court and filed a detailed affidavit to bring on record that AIFF has followed the Election process as prescribed under Sports Code, its Constitution as well FIFA & AFC statutes. AIFF also apprised the Hon’ble High Court that the Constitution of AIFF is in compliance with the terms of age limit, tenure limit of prime office bearers and one state-one vote policy. Accordingly, the Hon’ble Court allowed AIFF to proceed with elections vide its order 20th December, 2016.
AIFF conducted its election under the supervision of a retired High Court Judge, who acted as the Returning Officer. AIFF’s election process is as per the FIFA and AFC statutes as well.
AIFF is fully compliant with all statutory regulations in terms of the Registrar of Societies Act as well as other notifications and orders of the Ministry of Youth Affairs and Sports. The Ministry of Youth Affairs and Sports also confirmed and verified in the past that that AIFF’s election was in strict compliances with its Constitution and National Sports Code.
AIFF is not aware of the reasons of the Hon’ble Delhi High Court to pass this order. Once AIFF receives the copy of the Order from the Hon’ble High Court, AIFF will decide the course of action in accordance with the law.
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Delhi HC sets aside Praful Patel’s election as AIFF president
