AIFF Committee of Administrators files contempt plea in Supreme Court against Praful Patel, state body members

The Committee of Administrators (CoA) appointed by the Supreme Court to run and write the new constitution of the All India Football Federation (AIFF) has sought initiation of contempt proceedings against former AIFF President Praful Patel and the office-bearers of seven other state associations. .The plea filed by current CoA ombudsman and former Chief Election Commissioner SY Quraishi states that the conduct of Patel and others has led to communications issued by FIFA threatening to consider withdrawing India's hosting rights for the upcoming Under-17 Women's World Cup."...Mr Praful Patel who had been removed as President of the AIFF has consistently abused his position as Council Member of FIFA to orchestrate a campaign among the State Associations to undermine the various steps taken by this Hon’ble Court for the betterment of football, including having footballers involved in governance and administration," the plea reads..As per the plea, Patel admitted that letters threatening suspension from FIFA and the Asian Football Confederation (AFC) have been obtained to “help” state associations to convince the government to seek a review of the orders mandating reforms in the AIFF."It is clear that the Government has been misled by the State Associations, as have FIFA-AFC who are ignorant of the duplicitous role being played by Mr Patel. Although many steps have been taken towards the elections, this Court appointed Committee seeks that measures be taken (as was done in the BCCI case) to prevent those who endanger Indian football from interfering with the Court’s monitoring of the process."Further, it is contended that Patel organised a meeting with state associations three days after the top court's order mandating an interim body to oversee AIFF elections, wherein he allegedly reiterated "his active role to push India towards a suspension by hiding the true facts from FIFA and AFC," the plea adds.Accordingly, apart from issuance of contempt proceedings, the plea also seeks that a penalty be imposed against the contemnors and that Patel be barred from participating in and holding any football-related posts..The Supreme Court had last week ordered that the polls for an interim body to head the AIFF be conducted expeditiously in line with the draft constitution in place.The top court was hearing a plea filed by the AIFF challenging the Delhi High Court order staying fresh elections of the committee. The petitioners had contended that the current CoA was running illegally.A Bench of Justices DY Chandrachud and JB Pardiwala had rejected the appellant's prayer to disallow individual eminent players from voting, and made it clear that players with international experience will be allowed to vote and be part of the executive and general committees."You don't want eminent players to vote in the executive body? It will become a fiefdom for politicians then, excluding those who can actually dribble," Justice Chandrachud remarked.The Bench accordingly ruled,"We order and direct that:(i) The elections to the Executive Committee of AIFF should he held expeditiously and shall be concluded in terms of the time schedule which has been indicated in the tabulated statement set out above;(ii) The elections shall be conducted in a manner consistent with the provisions of Article 26 of the draft Constitution. The persons chosen as representatives shall have to conform to Article 26.(iii) This would be an interim arrangement without prejudice to the rights and contentions of the parties;(iv) The interim Body would continue for a period of three months subject to further orders of this Court till the Constitution is finalized;(v) The interim Body shall not claim any equities on the basis of this order and the present arrangement would be subject to further orders;(vi) The CoA shall be apprised of the decisions of the elected Body; and(vii) Each of the associations representing the State/UTs would nominate one representative to the electoral college. The 36 member electoral college of eminent football players shall consists of 24 male and 12 female players. Each of them would be subject to the requirement of having represented India in at least one international match and should have retired from international football at least 2 years prior to the date of the notification of the elections."The matter is to be heard next on September 20..At the last hearing, Senior Advocate Gopal Sankaranarayanan, appearing for the CoA, had explained why the draft constitution had provisions of tenure limits and mandatory cooling-off periods.He submitted that the same set of people had been occupying state and national football associations."We see for 15-28 years, the same people being in power; son and father taking turns to head. The idea is to not allow entrenchment to take place," he said.Additional Solicitor General Sanjay Jain, appearing for the Union Sports Ministry, had suggested that the first newly-elected body's tenure should be limited to one term."The poll is taking place without constitution being finalised...[but] We need a committee immediately," Jain said.To the state associations arguing that the draft constitution is inconsistent with the Central government's National Sports Code, Jain had said that the latter is an enabling and not a restrictive document.As the hearing progressed, the Bench emphasised that eventually elections have to be conducted, given the impending FIFA Under-17 Women's World Cup. It had also accepted Jain's contention on the Sports Code."The National Sports Code cannot be read in the manner of a statute. A holistic understanding of its provisions has to be arrived at in order to effectuate both its intent and purpose. In this backdrop, consistent with the need for the healthy development of the sport of football in India, the inclusion of eminent players who have represented the country would be of immense benefit. The administration of the affairs of football will benefit from the experience, knowledge and concerns of the players themselves. They are vital stakeholders," the judges stated.Senior Advocate Menaka Guruswamy, appearing for 35 state football associations and other football clubs, had argued that the draft constitution is against the National Sports Code, as individual players cannot vote as an electoral college but can only participate in management."We want to comply with the National Sports Code and are doing our best...That is FIFA's norms, eminent players cannot vote individually. It's a team sport...Football is a poor, poor cousin of cricket in this country and depends on FIFA. We cannot defy them...Players are running some associations," she said.

AIFF Committee of Administrators files contempt plea in Supreme Court against Praful Patel, state body members

Abhimanyu Hazarika

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