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New Delhi: The Delhi High Court Friday held that the district and state kabaddi associations have to comply with the ‘age and tenure restrictions’ imposed by the National Sports Code Development Code on the members of the governing body if they want to be associated and recognised by the Amateur Kabaddi Federation of India (AKFI) [KP Rao v Union of India & Ors].
“All the State and District Associations and bodies, if they want to continue to be members of the AKFI would have to amend their Memorandum of Associations/Constitutions and bring them in conformity with the Sports Code particularly in respect of the Age and Tenure restrictions imposed by the Sports Code,” the Court ordered.
Justice Sanjeev Sachdeva also quashed the amendments carried out to clauses 15.10 and 30 of the AKFI Constitution and restored them to their original state.
The amendments effectively allowed an office bearer of AKFI to hold similar post in other National Sports Federation and gave the opportunity to state bodies to defy the direction of AKFI and violate the Sports Code.
The Court passed the direction while disposing of a batch of matters seeking free and fair elections to the governing body of the AKFI as well as to its member state units.
After considering the case, the Court said that the ‘age and tenure restriction’ on the members of the Governing Body imposed by the National Sports Development Code of India 2011 applies not only to the AKFI but also to all its constituents at the state and district level.
“Further, the representatives of the State Associations to the National Federation have to be compliant of the ‘age and tenure restriction’ imposed by the Sports Code and likewise the representatives of the District Associations/bodies to the State Association have to be compliant of the ‘age and tenure restriction’ imposed by the Sports Code,” the Court said.
The judge said that if the constituents fail or refuse to comply with the restrictions, it may entail disaffiliation and/or removal as a recognized district and State constituent of the AKFI.
Justice Sachdeva said that if the representatives of the State and district associations are not compliant of the ‘age and tenure restriction’, then they will not constitute the electoral college and will be disqualified from contesting for any post of the executive committee and also from casting their vote for such an election.
“The State Associations and the District Associations, after the expiry of the term of the existing Executive Committee, shall hold fresh elections strictly in accordance with the ‘age and tenure restriction’ imposed by the Sports Code,” the judgment stated.
The Court also quashed the election notification dated August 7, 2019 for elections to the AKFI and the notification of the electoral college of AKFI 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 was ordered.
The bench further said that president and secretary of the affiliated member unit should attend the General Body meeting of AKFI, but if the president and secretary are unable to attend or are not in compliance with the ‘age and tenure restriction’, they may nominate a person who is compliant.
In the end, the court appreciated the assistance rendered by counsel appearing for parties particularly, Senior Advocate Dr Menaka Guruswamy and advocates Nandita Rao, Prerna Singh and A Ushi Reddy.
