Hockey India : Supreme Court Affirms Delhi HC Order Constituting CoA; Directs Expeditious Elections

The Supreme Court, on Wednesday, refused to interfere with the order of the Delhi High Court, which had put the affairs of Hockey India into the hands of Committee of Administrators (CoA), till the constitution of the National Sports Federation (Hockey India) is duly amended in consonance with the National Sports Code. While passing the impugned order, the High Court had placed reliance on the order passed by the Supreme Court in the matter pertaining to the election of the executive committee of the All India Football Federation.

A Bench comprising Justices D.Y. Chandrachud and J.B. Pardiwala decided not to interfere with the High Court's order in view of the fact that FIR has been registered by CBI against several office-bearers of Hockey India.

Pursuant to the order of the High Court the International Hockey Federation (FIH) has communicated with the CoA informing it that a democratically elected executive board of Hockey India is required to oversee the upcoming FIH Hockey Men's World Cup, scheduled to be held from 13th-29th Jan, 2023 in Bhubaneswar. Considering the same, the Bench asked the CoA to take steps to expedite the process of modifying the constitution so that the election of the executive body can be consequently expedited.

"We would underscore the importance of the CoA actively engaging with FIH to ensure the process of amending the constitution to bring it in conformity with the judgment of the High Court and the National Sports Code is concluded expeditious and the elections are also held on an expeditious footing well in time to allow the newly elected executive committee to put into place logistical arrangements for the World Cup. COA to take necessary assistance in that regard."

The FIH and Asian Hockey Federation would cooperate with CoA to bring the constitution of Hockey India in consonance with the National Sports Code.

In the impugned order the Division Bench of the High Court had noted that the posts of Life President, Life Member of Hockey India as well as the post of CEO in the managing committee were illegal and not in consonance with the National Sports Code. It noted that the administrative setup of Hockey India was erroneously or illegally constituted. A three-member committee of administrators was constituted in this regard -

1. Mr Justice Anil R Dave, former Judge of the Supreme Court
2. Dr S.Y Qureshi, IAS, former Chief Election Commissioner
3. Mr Zafar Iqbal, former Olympian and captain of the Indian Hockey team, Padma Shri awardee

The CoA was asked to hold elections and handover the affairs to a democratically elected body in terms of constitution, which the High Court contemplated would be adopted preferably within a period of 20 weeks.

Senior Advocate, Mr. Amit Sibal appearing on behalf of elected Secretary General of Hockey India submitted that the petitioners before the High Court had not assailed the election. The challenge, precisely, was to 3 posts -life president, life member and CEO of the Managing Committee and their voting rights in the executive committee. The contention was that the same was in blatant contravention of the National Sports Code. Mr. Sibal averred that on 19.12.2020, the constitution of the Hockey India was amended and the post of life president was removed. He added that the High Court had noted the amendment but considered the amendment provisions while passing the impugned judgment. Mr. Sibal submitted that as the posts have been struck down by the High Court, the elected committee that had commenced its term from 01.10.2018 and was to continue till 01.10.2022 is also done away with. He argued that it was not appropriate for the High Court to place the affairs of Hockey India in the hands of CoA bypassing the executive body, whose election was not under challenge.

Senior Advocate, Mr. Gopal Sankaranarayanan appearing on behalf the original petitioner before the High Court, informed the Bench that FIR had been registered by CBI against Narinder Batra, former President IOA, RK Srivastava former Executive Director Hockey India and Rajinder Singh, former President Hockey India and Mustaq Ahmed, former Secretary General of Hockey India, among other persons. Pursuantly, office-bearers have resigned from their posts. In view of the same, he argued that till the new body is constituted it would be only proper that the CoA continues to oversee the affairs of Hockey India.

[ Case Title: Rajinder Singh v. Aslam Sher Khan And Ors.]

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