Sanjay Singh v. All India Football Federation & Ors.

1. (M: 7702991233) Mr. Apoorve Kurup, CGSC with Mr. Jetindra Kumar Tripathy, Advocate for R-2. Mr. Sanjai Kumar Pathak, Mr Arvind Kumar Tripathi, Ms Shashi Pathak, Advocates for R-3. (M:9958999737) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The Petitioner who was one of the office bearers of the Uttar Pradesh Football Sangh-Respondent No.3 has filed the present petition seeking the following prayers: “a) Issue Writ of Certiorari or any other writ, order or direction by quashing the letter dated 20th January, 2022 by grant of interim recognition to Mr Arvind Menon as President and Mohd Shahid as General Secretary of Uttar Pradesh Football Sangh's managing committee by an emergency Committee formed by the Respondent no.1 vide their letter Reference no. AIFF/MA/UPFS/2021- 2022/1806; b) Writ of Mandamus or any other writ, order or direction thereby directing a fair and fresh election of UP Footbal Sangh through their valid and legal District Members Association as per Article 14(1)A of Constitution of All India Football Federation under the supervision of this Hon'ble Court by forming an independent body /Ad-hoc Committee in terms of Article 17 of Constitution of All India Football Federation and c) pass such other or further order/s as Your Lordships may deem fit and proper in favor of the Petitioner under the facts and circumstances of the case in the interest of Justice.”

3. A perusal of the petition would show that the grievance of the Petitioner is that there are two factions within Respondent No.3. According to the Petitioner, by way of an election held on 29th November 2020 certain persons had become the self-proclaimed elected body which was also illegally recognised by the Respondent No.1-All India Football Federation (AIFF). The case of the Petitioner is that the elections ought to be held in accordance with law.

4. After the filing of the present petition, vide order dated 3rd March, 2022 notices were issued in this petition and pleadings were directed to be filed. The All India Football Federation had filed its counter affidavit and has justified the recognition which was granted to Respondent No.3. In the meantime, it is also submitted before the Court that the AIFF has been reconstituted pursuant to the orders of the Supreme Court in SLP (Civil) 30748-30749/2017 titled ‘All India Football Federation v. Rahul Mehra & Ors.’.

5. Ld. counsel appearing for Respondent No.3 has submitted that during the pendency of this writ, the election of the Respondent No. 3 has also been conducted on 12th March, 2022 and a newly constituted executive committee has also assumed office. Under these circumstances, it is submitted on behalf of the Respondent that the writ petition itself is infructuous. It is also urged that the Petitioner had earlier approached the Allahabad High Court which had observed that the Petitioner has no locus to file the petition before the Allahabad High Court as the same was considered to be in his personal capacity.

6. Ld. counsel for the Petitioner submits that the Petitioner’s grievances in respect of the fairness of the election still exist, inasmuch as though the said election has been conducted, the Petitioner still has grievances in respect of the manner in which the electorate has been determined.

7. The reliefs sought in this writ petition are as under: “a) Issue Writ of Certiorari any other writ, order or direction by quashing the letter dated 20th January, 2022 by grant of interim recognition to Mr Arvind Menon as President and Mohd Shahid as General Secretary of Uttar Pradesh Football Sangh’s managing committee by an emergency Committee formed by the by the Respondent no.1 vide their letter Reference no. AIFF/MA/UPFS/2021- 2022/1806; b) Writ of Mandamus or any other writ, order or direction thereby directing a fair and fresh election of UP Footbal Sangh through their valid and, legal District Members Association as per Article 14(1)A of Constitution of All India Football Federation under the supervision of this Hon'ble Court by forming an independent body /Ad-hoc Committee in terms of Article 17 of Constitution of All India Football Federation” The AIFF has also been duly constituted. Ld. counsel for the Petitioner has placed an order passed by the Supreme Court in SLP(Civil) No.30748- 30749/2017 dated 18th May, 2022 titled ‘All India Football Federation v. Rahul Mehra & Ors.’ by which the Committee of Administrators was constituted for (i)formulating the Constitution of the All India Football Federation in consonance with the National Sports Code and the Model Guidelines; and (ii)ensuring the constitution of the Executive Committee and for holding elections. Ld. counsel for the AIFF submits that this order has now been modified in August 2022 and admittedly a duly elected body has now assumed office in the AIFF. Thus, the AIFF would be the overarching body over-seeing all the State Football Associations.

8. The Court has perused the record and is of the opinion that the interim recognition of the Executive Committee of the Respondent no.3 dated 20th January, 2022 no longer survives, inasmuch as the Respondent No.3 is now a duly constituted body and has been recognized by the AIFF. Ld. counsel for the Respondent No.3 also submits that the U.P. Olympic Association has also recognized the Respondent No.3. The prayer in this writ petition would no longer survive, in view of the fact that elections have been held and the Executive Committee has taken charge. Moreover, the Respondent no.3 is the local state body in UP and the Petitioner has earlier also approached the Allahabad High Court. If the Petitioner has any grievances in respect of the elections of the Respondent No.3, the Petitioner is free to approach the proper forum in accordance with law.

9. With these observations, the present petition, along with all pending applications are disposed of.

10. All contentions and remedies of the parties are left open.

PRATHIBA M. SINGH JUDGE FEBRUARY 10, 2023/dj/rp