Key takeaways from Supreme Court's landmark judgment on AIFF

A number of vital changes were made in the final order passed by the apex judicial body.

With respect to the newest developments in the AIFF re-elections case, the Supreme Court passed on its final verdict. It appointed the Committee of Administrators (CoA) to take charge of the AIFF’s administration as an interim measure. This committee consists of Justice Anil R Dave (Retired SC Judge), Dr. SY Qureshi (former Chief Election Commissioner), and Bhaskar Ganguly (ex-Indian captain). Additionally, passing the order also annulled the legitimacy of Praful Patel’s committee henceforth. 

The official Special Leave Petition (SLP) Order dated 18th May, noted down the list of things to be implemented. Khel Now takes a look at the key takeaways and the primary issues among those:

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Revised Constitution submitted to SC after consulting constituent units

After consulting all stakeholders, the Ombudsmen, Dr. Qureshi, and Mr. Ganguly had submitted a draft report to the Supreme Court. The CoA sought permission to place the Constitution for further consideration following the same. Based on Mr. Samar Bansal’s (counsel appearing on behalf of the CoA) submissions, the Supreme Court granted this request.

Circulation of revised Constitution to interested parties and objection filing

Earlier, the directive from the judges’ bench had instructed the CoA to place the Constitution of the All India Football Federation in a sealed cover. Overriding the earlier interim order, the Court asked for the same to be circulated among all parties.

Mr. Bansal will be in charge of dispatching these copies and any party intending to get one should email him their request. He will further consolidate the suggestions and objections in order to assist the Court. Subsequently, a tabulated statement should be made that includes the following:

1. Names of the parties submitting suggestions/objections
2. Nature of the suggestions/objections
3. Inputs of the CoA on the proposed suggestions/objections

The final date for filing the suggestions and objections strictly before the court is 30th June 2022. Next, the deadline for creating the tabulated record is 15th July 2022. A copy of the statement shall be placed on record as well as circulated to all the parties to keep them informed.

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Restructuring of the initial Committee of Administrators

A two-member CoA was appointed by the Supreme Court in 2017 with a specific mandate to prepare the Constitution and conduct the pending elections for the Executive Committee. The Court noted that in any case, the normal tenure of the current elected body would normally have come to an end on 20 December 2020.

Following that, the Judges’ bench has now re-arranged the original CoA to include former Judge of the Supreme Court, Mr. Justice Anil R Dave. 

Appointment of the CoA as in-charges of AIFF

The revamped CoA has also been appointed as the interim head of the Federation for the time being. A number of duties must now be fulfilled by the members. These include:

1. Helping the Court by providing its inputs regarding the implementation of the constitution after the suggestions/objections have been considered.
2. Preparing the electoral roll/college for conducting the elections to the Executive Committee in accordance with the provisions of the Constitution. These will also be subject to further directions from the Court.
3. Carrying out the day-to-day governance of the All India Football Federation
4. Consulting the current committee, if required, on the holding of tournaments, selection of players, and all other matters necessary for the proper governance of the Federation
5. Making all arrangements for the governance of the Federation, until elections are held

The Supreme Court has also asked the erstwhile Committee to hand over the charge to the CoA with immediate effect. It is important to note that although the current AIFF committee has no power, it is mandatory for them to comply with the CoA.

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Reimbursement of expenses during this interim phase of administration

The current order is only a makeshift arrangement till such time when the duties are handed over to a democratically elected body as per the Constitution. During this time, the CoA has been instructed to submit a report regarding the honorarium payable to the members. An honorarium is basically an ex gratia payment that is made to a person for his or her services in a volunteer capacity. 

Again, the CoA can consult the current committee for the operation of accounts, funds, and payment of expenses incurred for the functioning of the Federation. While the committee must comply with the same, the CoA will also be getting reimbursements for any incidental expenses that it requires for its functioning. The Supreme Court concluded its order by stating the date for the hearing of the final objections which is 21 July 2022.

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