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The Delhi High Court on Wednesday appointed a three-member ‘Committee of Administrators’ (CoA) for Hockey India and stated that the administrative setup of Hockey India is erroneously or illegally constituted because of the Life President and Life Members.

The court was hearing a petition moved by Aslam Sher Khan, a former Olympian who challenged the lifetime appointment of Narendra Dhruv Batra and Elena Norman as ‘Life Member’ and CEO respectively, having an unlimited tenure with full voting rights in the Executive Committee and Working Board of Hockey India.

A division bench of Justice Najmi Waziri and Justice Swarna Kanta Sharma stated that the mere presence of some persons in a Society as a Member or in a meeting, albeit without voting rights can influence the independent “decision-making” and “election process”. "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," Court said.

The bench relied on the recent Apex Court order in All India Football Federation (AIFF) v. Rahul Mehra dated May 18, 2022, and noted that the Supreme Court in order to facilitate the holding of elections and handling of the affairs of democratically elected body in terms of the Constitution of All India Football Federation which will be adopted, had re-constituted the CoA of AIFF. The Apex Court also asked the CoA to take charge of all the affairs of AIFF immediately.

Accordingly. The court-appointed following three persons of eminence from the fields of law, public administration, elections, and the sport of hockey at national and international levels, are appointed as members of the CoA:

1.     Justice Anil R Dave, former Judge of the Supreme Court;

2.     S.Y Qureshi, IAS, former Chief Election Commissioner; and

3.     Zafar Iqbal, former Olympian and captain of the Indian Hockey team, Padma Shri awardee.

The functions of the CoA shall be the same as that outlined by the Apex Court in the Rahul Mehra case which are as follows:

• Assist in the preparation and adoption of the Constitution of R2 as per the Sports Code and court rulings;
• Prepare the electoral roll/college to conduct the elections to the Executive Committee in accordance with the provisions of the Constitution, as proposed;
• Carry out the day-to-day governance of R-2;
• In discharging its task in terms of (iii) above, the CoA would be at liberty to take the assistance of the erstwhile EC/MC of R-2 which has continued thus far to facilitate decisions being taken, inter alia, on the holding of tournaments, selection of players and all other matters necessary for the proper governance of R-2;
• The erstwhile Committee shall forthwith hand over the charge to the CoA;
• The CoA would be at liberty to make all appropriate arrangements, for the governance of Hockey India until fresh elections are held in terms of the Sports Code conforming constitution;
• Facilitate the holding of elections and the handing over of the affairs to a democratically elected body in terms of its constitution which will be adopted, preferably within 20 weeks from the date the learned CoA members give their assent.

“The 1975 Circular, the 2001 Guidelines, the Sports Code, and the judgment of the Courts, govern sports administration in India. They collectively constitute the law on the subject. They have held sway for over 57 years. They are here to stay. No variation of the same, to the detriment of sportspersons or to sports administration, is permissible”, noted the bench.

“Persons who have been in posts such as Life President, Life Member, and “CEO on the Management Committee” (with voting rights), which is clearly in breach of the Sports Code, and have enjoyed benefits of such office and expenses have been incurred on them by an NSF in breach of the law must be asked to return the expended amounts. Revenues generated by an NSF are largely on account of recognition granted to it by the Government of India. In the absence of such recognition, the Society/Association would have no legitimacy or occasion to seek or attract sponsorship for any tournament, sporting event, travel, accommodation, training, and/or other administrative measures,” the bench further observed.

The Court noted, “The monies which are so generated by an NSF, are more in the nature of public trust and the same is to be utilized in the public interest i.e. promotion of the sport and representation of India in international tournaments.”

Accordingly, Court ordered that “the CoA shall ascertain the amount spent on such individuals and initiate the process for recovery of the same, so shall the GOI. Expenses incurred on such supernumerary, innovative and illegal posts need to be recovered and there has to be accountability. Details of the amounts expended on such persons will be furnished by Hockey India before the CoA. The latter too shall examine the records and seek a refund of monies from the current Life President and the Life Members, as may be.”

Court held that “the illegal Post of Life President or Life Member cannot be the stepping-stone for any other position or benefit elsewhere, be it nationally (including in the Indian Olympic Association) or in international bodies. If R-3 has so benefitted, then such benefit or position shall end right away. Let the CoA look into the matter, and so would the Government of India.”

Case Title: Aslam Sher Khan v. Union of India & Ors.