Centre moves SC for modification of order on elections to AIFF executive committee

The Centre has moved the Supreme Court seeking modification of its August 3 order passed concerning elections for the manager committee of All India Football Federation and inclusion of ex-players within the body saying FIFA and Asian Football Confederation (AFC) have "strong reservations within the member structure of AIFF".

The application filed by the Ministry of Youth Affairs and Sports said, "it is respectfully submitted that the membership structure within the order dated August 3, 2022, appears to be not meeting the approval of FIFA/AFC, which aspect, if not resolved with the modification within the aforesaid order dated August 3, may defeat the very purpose that such exercise was so kindly initiated by this court".

It added, "that from a collective reading of correspondences, it emerges that FIFA/AFC have strong reservations within the membership structure of AIFF".

It said, "That within the light of forestated development, it appears that notwithstanding the simplest efforts of the CoA, this court and also the cooperation extended by other stakeholders, the inclusion of recent members (36 sports persons) into the membership structure of AIFF, the required purpose might not are achieved requiring a fresh examine this aspect by this court so on facilitate the prime objective of retaining the hosting rights of the women's U-17 World Cup".

The Centre sought modification of the order dated August 3, to the extent of stating that interim arrangement of elections to the manager committee of the AIFF be held as per the time schedule already indicated within the order and "on the premise of the pre-existing membership structure of the AIFF".

It further prayed, "Modify the order dated August 3, to the extent of stating the draft constitution because it stands on the date of elections, shall be subject to the finalization only after taking into consideration the objections of all relevant stakeholders and after further taking into consideration, the response of the applicant, within the wake of such objections which can surface of this proceedings".

The Centre seen to the highest court that after the August 3, order, FIFA had addressed a letter to the AIFF on August 5 and stated that a roadmap was already approved between the AIFF and FIFA by way of letters dated Dominion Day and letter of reiteration dated July 25.

It said that in terms of such a roadmap, the AIFF was required to carry a special general assembly within the first week of August 2022 to approve the new statute for the AIFF.

The ministry further quoted the letter of FIFA, "The order of the Supreme Court dated August 3, 2022, appears to own caused certain deviations from the roadmap agreed to between AIFF and FIFA and therefore the same, "if considered to be true, would irrefutably jeopardise the sympathy which was displayed to this point on the steps forward".

It added that the AIFF is statutorily required to independently manage its affairs, uninfluenced by any third parties- references during this regard are placed upon Article 14.1 (i) and Article 19.1 of FIFA statutes.

"Upon examination of the transcript of the order of the Supreme Court, if severe deviations are found from the roadmap, the matter would be submitted to the relevant authority for further considerations including the suspension of the AIFF and also the withdrawal of the hosting rights for the 2022 FIFA-U-17 Women's tournament in India", the govt. said while pertaining to the letter of FIFA.

The government said that it had been not aware about correspondences between COA and FIFA which are in dialogue since July 1 and certain commitments which are made in relevance a roadmap for progress and in regard to the draft constitution being in compliance with FIFA statutes.

The application said that on August 7, the Centre received representations from several state federations, and through deliberations, it received copies of correspondences.

On August 3, the highest court directed for holding of elections expeditiously to the manager committee of the AIFF as per the schedule proposed by the Committee of Administrators (CoA).

It took note of the actual fact that from October 11, 2022, India is thanks to host the FIFA Under-17 Women tourney 2022.

The top court had said that the body for the manager committee of AIFF would have representatives from 36 state football associations and 36 representatives of eminent football players.

It said that 36 representatives of eminent football players would encompass 24 members of male football players and 12 female players, who have played a minimum of one international football match representing India and have retired from international tournaments two years before the date of notification of the elections.

The top court said that the national sports code can not be read in a very manner of the statute and a holistic understanding of its provisions should be acquired to effectuate its intent and purpose.

"In this backdrop, in step with the requirement for the healthy development of the sports of football in India, the inclusion of eminent players, who actually represented the country, would be of immense benefit for ensuring the expansion of the sports in a very healthy and orderly manner", it had said.

The apex court had on May 18 appointed a three-member CoA headed by former top court judge Anil R Dave to manage the affairs of the AIFF and ousted NCP leader Praful Patel-led executive committee which had overstayed its four-year term by two years.