The Supreme Court has permitted the current executive committee of the All India Football Federation (AIFF) led by Kalyan Chaubey to continue till the end of its term in September next year.
The apex court, in its order dated October 15, also said that the AIFF need not adopt Article 23.3 of the draft constitution relating to requirement of SC nod for any amendment.
It, however, asked the national federation to adopt within three weeks Article 25.3 (c) and (d) which prohibited office-bearers from holding dual posts in the AIFF and state units.
Article 23.3 provides that any amendment to the AIFF constitution shall not be given effect to without leave of the SC. According to Article 25.3 (c) and (d), an office bearer in the Executive Committee of the AIFF cannot hold a position as an office bearer in a member/state association.
"In our judgment, we permitted the present executive to continue till the end of its term in order to ensure that there is minimal disruption to the already delay sporting events," the SC said in its October 15 order after the AIFF sought clarification on the two contentious articles -- Article 23.3, and Article 25.3 (c) and 25.3 (d).
"In the same line, and to subserve the same purpose, we direct AIFF to adopt Articles 25.3 (c) and (d) within three weeks from today. We are, therefore, of the opinion that these Articles shall be retained. Articles 25.3 (c) and 25.3 (d) will however come into effect after the present executive demits office," said the SC bench of Justices P S Narasimha and Joymalya Bagchi.
However, the SC clarified that "the said Articles, like many others would be subject to the National Sports Governance Act, 2025 and the subordinate legislation that may be framed thereunder.
The National Sports Governance Act is expected to come into force in two months.
The SC, however, rejected the AIFF's contention that prohibiting officials to hold dual posts would lead to unavailability of experienced personnel to man the national federation and member association.
"... we are of the opinion that they are not in conflict with any laws, regulations or even FIFA Charter. The apprehension about the unavailability of experienced personnel to man AIFF and other members association if these Articles are incorporated are speculative. No credible data is placed before us to sustain such apprehension.
As regards to Article 23.3, the SC bench of two said, "In reiteration of our opinion in ... our judgment, we direct that upon AIFF adopting the draft Constitution as finalised by us, it (AIFF) will be governed by laws that are applicable to such bodies and this will include the National Sports Governance Act, 2025 and the subordinate legislation may be made thereunder, as and when they come into force. Thus, Article 23.3 need not be adopted..
On October 12, the AIFF adopted the SC-approved constitution at its Special General Body Meeting but left out two contentious articles 23.3, and 25.3 (c) and (d) "pending directions from the Apex court".
The SC had on September 19 approved the draft constitution of the AIFF prepared by former apex court judge L Nageswara Rao with certain modifications, and directed the federation to adopt it within four weeks.
Fearing that all its executive committee members who are holding dual posts may have to resign, the AIFF approached the court on October 9, seeking a clarification on the two articles. The SC then asked Justice (retd) Rao to have a meeting with the stakeholders and submit a report.
Justice (retd) Rao left it to the SC to take "a suitable view" on the two contentious articles but made it clear that he had earlier recommended deletion of both the articles from the draft constitution.
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