Inaction Of Sports Council Led To Disputes Regarding Hockey Team For 2023 National Games: Kerala High Court
The Kerala High Court recently berated the Sports Council for its failure to take any action when it received a report from the Observer as regards certain concerns in the elections to Kerala Hockey, that apparently led various issues including dispute as to the selection list of players to represent the State in the National Games in November, 2023."The irony is that if the “Sports...
The Kerala High Court recently berated the Sports Council for its failure to take any action when it received a report from the Observer as regards certain concerns in the elections to Kerala Hockey, that apparently led various issues including dispute as to the selection list of players to represent the State in the National Games in November, 2023.
"The irony is that if the “Sports Council” had completed their actions earlier, without having waited for nearly one and half years after the elections, the latter limb of the controversy would have never arisen. It is their inaction in the matter, which has led to the disputes regarding the Teams; but here again... they have acted only at the eleventh hour," Justice Devan Ramachandran observed.
The Court passed the order while considering a batch of petitions challenging elections to the Kerala Hockey conducted in May 2022, as well as dispute pertaining to the Provisional Selection List prepared by Kerala Hockey which arose from the same.
Factual Background
Elections to 'Kerala Hockey' was conducted in May 2022, and was overseen by an Observer deputed by the Kerala Sports Council ('Sports Council'). It is noted that the Observer filed a report before the Sports Council in July 2022, raising certain concerns regarding the elections.
The first plea was thus filed by two hockey players alleging that the elections were illegal since, two candidates who were selected through the procedure were unqualified under the National Sports Code, 2011 ('Sports Code, 2011'). They thus sought the Court to declare that the two respondents, namely, 6th and 7th respondents, were unqualified and to issue a direction that their nomination would not be proceeded with so as to enable them to contest for the post of Executive Committee members of Hockey India (4th respondent). Additionally, they also sought denovo elections to be conducted for Kerala Hockey.
Subsequently, Kerala Hockey conducted a State Championship in June, 2023, in order to identify players to represent the State in the National Games in November, 2023; and prepared a list of those who had been provisionally selected for the same ('Provisional Selection List').
The Sports Council, on noting that Kerala Hockey had not conducted any training for the selected players, issued a proceeding dated November 6, 2023, to all the District Sports Councils, informing that a fresh championship would be conducted to select candidates for the National Championship. The Sports Council thereafter issued a fresh list dated November 7, 2023 ('Sports Council List').
Kerala Hockey and certain players who were included in the provisional selection list thus filed separate pleas challenging the afore Sports Council List that was prepared and sought the same to be quashed.
Additionally, two players who had participated in the State Championship held by Kerala Hockey, but were not included in the Provisional Selection List also filed a plea seeking direction to be issued to the Sports Council to conduct a senior State Hockey Championship for selecting the team for the National Hockey Championship.
Findings of the Court
The Court in this case was faced with two questions:
Firstly, whether elections to Kerala Hockey was illegal, and the selection of certain persons was untenable and contrary to the 'Sports Code', for not possessing the requisite qualifications under it; and
Secondly, as to which of the two lists - namely, Provisional Selection List or the Sports Council List, deserved to be approved by the Court.
As regards the first issue, the Court noted that the Sports Council had not completed their enquiry against elections, nor had they issued any order suspending or cancelling the affiliation of Kerala Hockey.
Taking note of an interim order issued by another Bench of the High Court deferring affiliation to Kerala Hockey, the Court in this case found that even after the issuance of the said interim order, Kerala Hockey conducted the State Championship and prepared the Provisional Selection List, which was objected to by the Sports Council in the present proceedings. The Court also took note that the Sports Council had admitted that their Observer had found the list to be prepared without any error or mistake.
It thus held that the Sports Council would be at liberty to complete the proceedings they had initiated, based on the report of their Observer who had been present in the elections of the Kerala Hockey, but added that the same would have to be done quickly after hearing all sides.
As regards the question of the teams, the Court took note that when the Provisional Selection List was prepared, there had been no interdiction against Kerala Hockey in acting as the affiliated Association. Additionally, it was noted that Hockey India had already recognized them, and their affiliation with the Sports Council was also continuing when the interim order was issued.
"It is a different matter altogether, whether said interim order would, nevertheless, operate to suspend the affiliation of the “Kerala Hockey”, since that could have been done only by the “Sports Council” following the procedure under the Act. This is highly unlikely and hence, for all practical purposes, said order had no effect on the affiliation of the “Kerala Hockey”, except that the actions of the “Sports Council” came to be delayed after it," it observed.
It held that Kerala Hockey had acted as per their authority, in having settled the Provisional Selection List.
The Court flayed the Sports Council for having intervened and called for a fresh State Championship, only a few days before the National Championship was set to commence.
"It is needless to expatiate that the players so identified would never be able to train together before the National Championship was to commence; and one fails to understand what the “Sports Council” intended to achieve through this exercise. I say as afore because, if they really wanted to find out whether the players who were included in the “Provisional Selection List” were in form and in good physical condition, they could have subjected them to a fresh evaluation, instead of having to call for a new State Championship, and that too, less than a week before the National Championship is to commence. In any event, as seen above, it was unnecessary for the “Sports Council” to have intervened, when they admitted and accepted the “Provisional Selection List”, which was prepared by the “Kerala Hockey”, in their Observer's presence and to his satisfaction," it added, thereby permitting the the team selected by Kerala Hockey to participate in the Championship.
Citation: 2023 LiveLaw (Ker) 676
Case Title: Sunil D. Emmatty & Anr v. Union of India & Ors. and other connected matters
Case Number: W.P. (C) No. 31063 OF 2022 and connected matters