Creation of posts in National Sports Federations must align with the Sports Code to avoid illegality and maintain governmental recognition.

JUDGMENT

Najmi Wazri, J.

W.P.(C) 5703/2020 & CM APPLs. 20604/2020, 6417/2021, 36762/2021

The Beginning

1. The petitioner is a former Olympian. He excelled in the game of hockey as a member of Indian Hockey Team in the 1976 Summer Olympics. He was also a prominent member of the Indian Hockey Team which won the gold medal at the 1975 Hockey World Cup. For many years thereafter, he is stated to have contributed to the advancement of the cause of hockey in India. As a senior player and as a concerned citizen, he desires that the management of the hockey in the country, be run according to the rules and the guidelines laid-down by the Government of India (GOI) through: i) Circular dated 20th September 1975 (hereinafter referred to as the 1975 Circular) ii) modified by letter of 14.8.2001 (the 2001 Guidelines) and iii) the National Sports Development Code of India, 2011 (`Sports Code'). He contends that there should be transparency in the affairs of the National Sports Federation (NSF) for hockey viz. Hockey India - R-2.

2. He is also concerned that the continued presence of certain persons as office bearers or otherwise in supernumerary posts or under not so innovative nomenclatures, such as Life President, Life Member and CEO is unwarranted and illegal, therefore, the same be struck down as not being in consonance with the Sports Code, as has already been held by this court in Mahipal Singh vs. UOI, 2018 SCC Del 10284.

3. The petition seeks the following specific reliefs:

"...a) Issue an appropriate Writ in the nature of Certiorari quashing Articles 2.1.3, 3.0, 4.1, 5.13, 5.14, 6.6.1 of the Respondent No. 2, MOA whereby the posts of `Life Member', `CEO' and `Life President' have been created, being in blatant contravention of the NSCI, Circular 1975 and 2001 Guidelines, as illegal and unsustainable; and

b) Issue an appropriate Writ in the nature of Certiorari quashing Articles 1.11, 4.1, 5.3, 6.6.1, insofar as they giving voting rights and recognize the posts of `Life Member', `CEO' and `Life President' created in the Respondent No. 2, federation being in blatant contravention of the NSCI, Circular 1975 and 2001 Guidelines as illegal and unsustainable; and

c) Issue an appropriate Writ in the nature of Certiorari quashing the appointments of the Respondent No. 3 and 4 as `Life Member' as `CEO' respectively in the Respondent No. 2 Federation; and

d) Issue an appropriate Writ in the nature of Certiorari quashing consequential appointments of the Respondent No. 3 and 4 based on their being an office bearers/life member in the Respondent No. 2 federation; and

e) Issue an appropriate Writ in the nature of Mandamus directing the Respondent No. 3 and 4 to render accounts of all gratification and financial benefits received by them from the Respondent No. 2 for holding the posts of `Life Member' and `CEO' respectively from the time of their appointments until date, and refund the same to the accounts of the Respondent No.2; and

f) Issue an appropriate Writ in the nature of Mandamus appointing an impartial Administrator or ad-hoc committee of eminent sport persons to administer the affairs and oversee the day to day functioning and working of the Respondent No. 2 until the MOA of the Respondent No. 2 is amended and fresh elections in accordance with the Model Election Guidelines under the NSCI are undertaken; and

g) Issue an appropriate