State, District Associations Of AKFI Must Comply With ‘Age And Tenure Restrictions’ Under Sports Code, Failure May Entail Disaffiliation: Delhi HC

The Delhi High Court has held that State and District Kabaddi Associations must comply with “age and tenure restrictions” imposed by National Sports Code for continue to be members of Amateur Kabaddi Federation of India (AKFI), failure of which may entail their disaffiliation.

Justice Sanjeev Sachdeva held that “age and tenure restrictions” on members of the Governing Body imposed by National Sports Code applies not only to AKFI but also to all its constituents at State and District level.

The court directed that all State and District Associations and bodies, if they want to continue to be members of AKFI, have to amend their Memorandum of Associations or Constitutions and bring them in conformity with Sports Code in respect of “age and tenure restrictions.”

“If, the District Associations/bodies and/or State Association refuse or fail to comply with the ‘age and tenure restriction’ imposed by the Sports Code, they would be liable for action which may entail disaffiliation and/or removal as a recognized District and State constituent of the AKFI,” it said.

The court said that if representatives of State and District Associations are not compliant with the restrictions, they shall not constitute electoral college and shall accordingly be disqualified from contesting for any post of executive committee and casting their vote for such election.

Justice Sachdeva was hearing a bunch of pleas raising the issue as to whether “age and tenure restrictions” imposed by National Sports Code applies to the federation and all its State and District Associations.

Expressing surprise in the matter, the court said, “what could be a more glaring example of misuse of position” than in AKFI’s case where an individual, who was elected as president in 1984 continued at the post till May 19, 2013, “without a single election.”

The court also noted that upon his presidency coming to an end, the post devolved on his wife who was not only a complete stranger to all member units of the federation, but was in fact a practising gynaecologist.

The court observed that there is a need to promote “professional management, managerial and financial accountability” and to address anti-trust and competition policy issues in sports. It added that steps and initiatives have been taken by Government of India to promote good governance practices in management of sports.

The court further said that once a district or state body becomes part of AKFI, it is entitled to several benefits and facilities. Furthermore, it observed:

“The National Sports Federations work from the grassroot level to identify and nurture the hidden sports talent. NSFs have to work in close co-ordination with their State counterparts, Ministry, Sports Authority of India, other sports bodies and the Indian Olympic Association. Young sportspersons’ hopes, aspirations and ambitions are solely dependent on NSFs. Their entry into the competitive sports scenario, both at the national and international level is governed by these NSFs. The goal of every agency/authority is to give the right impetus to uplift the status of sports in all viable disciplines.”

Passing a slew of directions, Justice Sachdeva said that State and District Associations of AKFI, after the expiry of term of existing Executive Committee, shall hold fresh elections strictly in accordance with “age and tenure restrictions.”

The court quashed the notification dated August 7, 2019, for elections to AKFI and of its electoral college issued by the Administrator.

“….the Administrator shall prepare and notify the schedule for the holding of the elections of the office bearers of AKFI in accordance with these directions, which should not be later than 3 months from the date of this order,” it said.

The court also appreciated the assistance given by the lawyers who appeared in the matter, particularly Senior Advocate Menaka Guruswamy and Advocates Nandita Rao, Prerna Singh and A. Ushi Reddy.

Title: K. P. RAO v. UNION OF INDIA & ORS and other connected matters

Citation: 2023 LiveLaw (Del) 144

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