Facts:
The Petitioner in this instant case is a former Olympian, he was a member of the Indian Hockey Team which won the Olympic gold medal in the year 1975. As a former prominent player, he contributed notably to the advancement of Hockey in the country. He worries that the continued presence of certain
persons as office bearers or otherwise in supernumerary posts or under not-so-innovative nomenclatures, such as Life President, Life Member and CEO is unwarranted and illegal.
Judicial Predicaments referred: (Ratio Supplied to the case)
Mahipal Singh vs. UOI, 2018 SCC Del 10824-
66. In any event, the very creation of the post of Life President being vitiated by law, there could be no question of granting any benefits to the holder of such an illegally created post. Though Mr Dubey
asserted that no salary, or emoluments, were paid to Respondent No. 4, in his capacity as Life President, expenses would, no doubt, be incurred in allowing Respondent No. 4 to travel nationally and internationally, purportedly representing the country in sporting events. These expenses are defrayed out of public monies and amount to the thievery of the ordinary citizen by executive dispensation, which is completely unthinkable in law.
Relief in this case sought by the Petitioner is mainly relating to the quashing of the post named ‘Life President’ mentioned in the IOA constitution, Till the conditions imposed by the NSCI, 2011 are complied with, the Government funding of such NSFs should be stopped.
Maharashtra Archery Association vs. Rahul Mehra and Ors, (2019) 18 SCC 287-
“21. We make it clear that the High Court may also consider the stand taken by the appellant(s) and Union of India that the decision of this Court in the Board of Control for Cricket (supra) will be of no avail to the present case because the National Sports Code takes within its fold fifty-two disciplines of sports and Cricket is not one of the scheduled sports. In other words, the dispensation to be followed must be in conformity with the National Sports Code in so far as AAI is concerned. We keep this issue open to be considered at the appropriate stage.”
Indian Olympic Association vs. Union of India, (2012 DLT 389)-
This Court also specifically notes the letter/notice dated 20.09.1975, which forms part of the Sports Code, as modified by the later letter of 01.05.2010, to the following extent:
“i. The President of any recognized National Sports Federation, including the Indian Olympic
Association, can hold the office for a maximum period of twelve years with or without break:
ii. The Secretary (or by whatever other designation such as Secretary General or General Secretary by
which he is referred to) and the Treasurer of any recognized National Sports Federation, including the Indian Olympic Association, may serve a maximum of two successive terms of four years each after which a minimum ‘Cooling off period of four years will apply to seek fresh election to either post.
iii. The President, the Secretary and the Treasurer of any recognized National Sports Federation,
including the Indian Olympic Association, shall cease to hold that post on attaining the age of 70 years.
iv. The other provisions in respect of the tenure limit as contained in the letter of 1975 mentioned above shall remain as it is.
v. The above dispensation will come into operation with immediate effect.” This regulation (subject to any subsequent amendments) should, till appropriate legislation is framed by Parliament, bind the parties
and all NSFs as a condition for recognition, aid and crucially, for the use of the term “India” by any team in International Olympic sporting event.” …
Rahul Mehra vs. UOI, W.P. (c) 195/2010-
“14. That contentions raised by the Petitioner in Para 9 require no comments from the answering
Respondent as the same are matters of record. However, going by the press reports, there appear to be some cases in which new positions/offices such as Chairman, Advisors, Consultants, etc. have been created in order to accommodate officials who have become ineligible for re-election as they have completed their maximum tenure and/or age as mandated under the Sports Code. When such posts are created with the intention to bypass or circumvent the provisions of the Sports Code, it amounts to defeating the very purpose of the said Sports Code and also violates principles of good governance and international best practices. In such cases, it would also entail action to derecognize such NSFs for such
default.”
Issues Raised:
Whether Post Such as ‘Life Members’, ‘Life President’, CEO etc. are in compliance with the National Sports Code of India, 2011 or not?
Ratio:
The Bench in this instant case following the ratio mentioned in the aforementioned case laws came to the conclusion that the Post like Life Members, Life President & CEO goes against the NSCI, 2011. So with immediate effect, these positions are quashed. In order to ensure democratically valid elections, the IOA must ensure 25% reserved voting rights for the prominent players in the election process, all the different NSFs belonging to various UTs and States should be given an equal footing during the voting in the
particular election as they vary in sizes, definitely the number of members to be chosen from different states and UTs differ when it comes to the voting procedure as, under the IOC charter, each state and UT
should have an equal representation during the election process to ensure fair election methods.
Conclusion:
The posts of Life President, Life Member in the NSF are illegal so is the post of CEO in the Managing Committee. These posts are struck-down. All such references in the Constitution/Memorandum of Association of R-2 will have to be removed. As noted here in above, the mere presence of some persons in
a Society as a Member or in a meeting, albeit without voting rights can influence independent
decision-making and election process s. Till such time it is brought in consonance with the Sports Code and as interpreted by this court, its affairs cannot be left in the hands of persons who have no legitimacy. In the absence of a Managing Committee, elected under a constitution strictly in consonance with the
Sports Code and the court judgments, the interests of hockey, its development and the sentiments of the
hockey-players, aspirants and enthusiasts should not suffer.
