Srinagar, March 29: The Court of 4th Additional Judge Srinagar on Tuesday disposed of a case against J&K Football Association (JKFA) filed by Nazir Ahmad Andrabi and co, asking J&K Sports Council to supervise the elections of the Football body.
Court after hearing both the parties and with both parties in agreement asked Sports Council to supervise the elections of JKFA scheduled to be held on May 8-2022.
“Accordingly the secretary sports council is directed to undertake the process of election in the manner provided under the constitution of association & guidelines of sports council based on the circular already issued. The suit of plaintiff’s doesn’t require to be proceeded as such, as agreed by both the parties the case of plaintiff’s alongwith connected applications stand disposed of which shall be consigned to records after its due compilation,” Court order reads.
The case was filed by Nazir Ahmad Andrabi and others through their Advocate,Mr. Manzoor Ahmad in 2020 against JKFA and others who were defended by Advocate Nahvi.
On Tuesday Court issued an order directing Sports Council to supervise the elections of JKFA for which football association had already issued a notice.
“The learned counsel for the application submits as under: “That the Jammu and Kashmir Football Association (JAKFA) is association governed by its constitution which is appended with the suit at Running Page 08, the constitution provides manner and mode in which the functioning of the association and composition of the executive committee is provided as indicated in Article 24 and 30 appearing at page 27 and 31. In terms of Article 30 of the constitution, the tenure of office bearers is 04 years, where after they can be re-elected. The constitution further provides maximum tenure up to 12 years beyond which tenure cannot be extended. That the tenure of the present dispensation (Office bearers including President) had come to an end in the year 2017 after completion of 12 years term. Since the term beyond 12 years could not be extended as such, the impugned extension in tenure beyond 2017 of the office bearers came to be questioned in the suit which was filed on 21-12-2020. In the suit so filed by the plaintiffs it has been provided that JAKFA is a society registered under Societies Registration Act affiliated with j & K Olympic Association and holding permanent member status of all India Football federation (AIFF). The association is also recognized by J&K State Sports Council. In view of the matter this court upon motion filed by the plaintiff to implead J&K Sport’s council as a party defendant in the suit, vide order dated. 14-08-2021 directed the sports council to file its returns and in terms of the reply filed by them, it has been contended that in the face of 111 members out of 119 electorate of JAKFA insisted for re-election of defendants 2, 3 & 4 as office bearers, therefore, the sports council vide its order bearing no.935 of 2017 dated.22-12-2020 gave time relaxation in sports code extending the tenure beyond 12 years, since the time of 04 years extension has come to an end therefore, conduct of election for the post of office bearers has become imperative. That the tenure of the association having come to an end, the Sports Council along with its written statement has placed on record copy of order purported to have issued by Honorary secretary JKFA dated 01-02-2022, of office constituting committee bearers /members to scrutinize the list of eligible voters. That in the face of the constitution of the body of the present dispensation, in would come to fore that such an exercise is being undertaken by the present dispensation without any jurisdiction and authority. The circular issued by JK Sports Council dated 27-04-2021 in terms of Clause XIII in unequivocal terms indicates that the council shall be competent authority to conduct elections of the association of the association having absolute right to appoint returning officer for elections, therefore, keeping in view that the tenure of present dispensation having come to an end and they seize to hold the position of office bearers, therefore, the suit pending can be disposed of by directing the OK Sports Council through its secretary to undertake and supervise the process of conduct of elections for the JAKFA in accordance with the mandate of JKFA constitution, which is being followed by the defendant No.1 as its permanent member,” order reads.
“Nahvi learned counsel appearing for for defendants 1 to 4 have placed on record a communication letter bearing number J&KFA 10206-09 dated.25-03-2022 addressed to secretary sports council Jammu by General Secretary wherein it has interalia been mentioned that since the tenure of office bearers of the association is expiring on 12th May 2022 and it has been decided to conduct elections of J&KFA on 8th May 2022 as per the guidelines issued by the J&K sports counsel and All India Football Federation,” it said.
Court asked Sports Council to appoint returning officer for the conduct of elections.
“Through the medium of this communication defendant no.5 i.e. secretary sports council Jammu has been asked to depute the returning officer and the observers for conduct of the forth coming elections and to provide a copy of latest guidelines regarding the holding of elections,” it reads.