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Explained: Praful Patel's ouster as AIFF president

The Delhi high court set aside the election of Praful Patel as the All India Football Federation president and appointed SY Quraishi as the administrator. Fresh elections in five months

By Aravind
Praful Patel (right) with FIFA president Gianni Infantino during the FIFA Under-17 World Cup

Bengaluru, October 31: The Delhi high court on Tuesday (October 31) set aside the election of Praful Patel as the All India Football Federation president and appointed former chief election commissioner SY Quraishi as the administrator for football's governing body in the country.

Removed days after U-17 World CupRemoved days after U-17 World Cup


But what does that mean?

The Delhi HC found fault in the way the AIFF elections were conducted in December 2016, where Patel, a politician with the Nationalist Congress Party and the Indian football chief since 2008, was re-elected to a four-year term going uptil December 2020. The court has now nullifed the election itself and its results. It has ordered that polls be conducted again after five months. To take care of the AIFF and its functions until then, the Delhi HC appointed Quraishi.


What was wrong with the AIFF election?

The procedure. The court ruled that this poll did not follow the guidelines laid down by the National Sports Code.

What was wrong with the procedure?

Sports activist Rahul Mehra, who filed the petition against the faulty election process in the AIFF, alleged that the AIFF's election procedure required a presidential candidate to garner the nomination of five members, something that is against the National Sports Code. Mehra had filed the public interest litigation in December 2016 against the AIFF, Archery Association of India and Indian Olympic Association.

According to the National Sports Code, which is currently being revised by a panel, a presidential candidate must only be proposed by one member and backed by another, instead of five. In the AIFF, member refers to a member association i.e. a state association or public sector unit which is affiliated to the body.

After filing this petition, Mehra said that the AIFF's procedure is undemocractic. "This is an undemocratic clause where you are ousting a person even before he has filed his nomination," he had told the Times of India.

The petition itself was filed after the Goa Football Association were reduced to a minority, rather nothing, in the AIFF executive committee. It was the first time that the Goans did not have any of their members in the executive committee, which takes all the decisions on Indian football.

Additionally, as per the National Sports Code, a candidate cannot hold a position in the general body for three consecutive terms. There has to be a cooling off period of four years before the candidate can contest again. Patel, elected for the third time as the Indian FA chief, flouted that NSC guideline.

Why has the election been set aside now?

The timing is obviously a jolt for Patel and his team. The country, under his regime, recently successfully hosted the Under-17 World Cup and earned the praise of FIFA and its president Gianni Infantino.

The order, coming three days after the U-17 World Cup final in Kolkata, is a setback for Patel. However, the matter has been pending before the court for a while.

As mentioned before, the case was filed in December 2016 and a final order was in the pipeline. The Delhi HC, back in December 2016, only gave Patel & Co a temporary relief when it said elections can proceed. In the hearing dated December 20, 2016, the court said: "Having regard to the submissions made, the order is modified to the extent that the elections may proceed, however, the results declared shall be subject to the final outcome of the application. The successful candidates shall also be made aware of this order. The application shall be listed for hearing on 03.01.2017 at 2.15 pm."

Many hearings followed and it finally led to the ruling on October 31, 2017.

The court also noted that the allegations made by Mehra have to be looked into. The court pointed out that the secretary of the Goa Football Association had filed objections to the returning officer of the AIFF polls regarding the five-member nominations.

The returning officer, who is the person ensuring that the election follows the guidelines laid out by the AIFF constitution, did not reply to the Goans. The Delhi HC consequently ordered an investigation into the matter.


So what now for Praful Patel?

It is a setback for Patel, the man who was riding high in the eyes of the FIFA and the Asian Football Confederation. Patel hoped India bag the rights for the FIFA Under-20 World Cup and even confirmed that the country is one of the bidders for the event. The momentum, however, has been stopped for five months only.

Patel can return as the chief after five months, when the fresh elections are called. He has enough backing from all state units to emerge the only strong contender.

The matter of the cooling period, for now, is a tricky issue. Let's wait and watch.

Will FIFA take any action against India?

Let's hope they don't. India hope to host the Under-20 World Cup in 2019 and that hope could suffer a huge blow if FIFA suspend India.

FIFA, in its Council meeting in Kolkata during the U-17 World Cup, suspended the Pakistan Football Association for interference by a third party administrator.

According to FIFA Statutes, "Each member association shall manage its affairs independently and without undue influence from third parties".

Also the Statutes state FIFA won't accept any interference even in interim basis. "Any member association's bodies that have not been elected or appointed in compliance with the provisions mentioned above, even on an interim basis, shall not be recognised by FIFA".

Taking Pakistan as an example, since it was facing the same situation as India is facing now, the suspension can happen immediately or take time. It has to be first ratified by the FIFA Council, which kicks in the suspension. This ratification has to then be passed by three-fourth of the Congress, which comprises FIFA member countries. If India has to be recognised again, they have to wait for the next FIFA Congress.


What is FIFA saying?

Nothing great. "FIFA is awaiting an official communication from the AIFF concerning the said matter," a FIFA spokesperson said. "We have no further comment for the time being."

What to expect from Quraishi, the administrator?

India is currently riding high on the football wave after the Under-17 World Cup. The national team recently qualified for the 2019 Asian Cup while the U-19 side is attempting to enter the main draw of the AFC Under-19 Championships.

The situation with the I-League and Indian Super League will be a difficult one for Quraishi. The AFC has given the AIFF to ensure there's only one premier league in the country, and has given a year's time to merge the two leagues. Quraishi has to ensure that the two leagues, which will run simultaneously from November, go on smoothly. This task is a difficult one considering Patel had a good rapport with IMG-Reliance, the ISL's promoters as well as the commercial partners of the AIFF.

Along with Patel's re-election, he also ensured the smooth entry of a couple of IMG-R officials as observers and other made-for-you ranks in the AIFF. Quraishi could question their presence in the AIFF but it's all speculative for now.


What's the AIFF, or whoever is still left in it, saying?

In a statement published in www.the-aiff.com, the body noted: "AIFF is fully compliant with all statutory regulations in terms of the Registrar of Societies Act as well as other notifications and orders of the Ministry of Youth Affairs and Sports. The Ministry of Youth Affairs and Sports also confirmed and verified in the past that that AIFF's election was in strict compliances with its Constitution and National Sports Code.

"AIFF is not aware of the reasons of the Hon'ble Delhi High Court to pass this order. Once AIFF receives the copy of the Order from the Hon'ble High Court, AIFF will decide the course of action in accordance with the law."

Well, what else?

In the same statement, the AIFF said: "....The Hon'ble Court vide its order dated 15th December, 2016 had observed that the election ought to be conducted as per the applicable rules of the institution concerned and also in consonance with the National Sports Code and the elections guidelines contained with respect to conduct and eligibility conditions including age, tenure and restrictions. That the Hon'ble Court further vide the same order restrained AIFF from completing its election scheduled for 21st December, 2016.

Immediately, AIFF had approached the Hon'ble High Court and filed a detailed affidavit to bring on record that AIFF has followed the Election process as prescribed under Sports Code, its Constitution as well FIFA & AFC statutes. AIFF also apprised the Hon'ble High Court that the Constitution of AIFF is in compliance with the terms of age limit, tenure limit of prime office bearers and one state-one vote policy. Accordingly, the Hon'ble Court allowed AIFF to proceed with elections vide its order 20th December, 2016."


Okay, what about that?

The AIFF, however, did not point out the court's clause for the elections to go ahead. As mentioned earlier, the AIFF had to file an application before the court, updating it on how the elections were held. "The results declared shall be subject to the final outcome of the application," the court said. With Tuesday's order, the Delhi HC isn't convinced that elections were held as per the norm.


What next for AIFF office-bearers?

Wait it out for five months. File an appeal in the meanwhile.

Story first published: Wednesday, November 1, 2017, 18:01 [IST]
Other articles published on Nov 1, 2017