Madras High Court
Tamil Nadu Football Association vs Pennar Junior Fc on 20 September, 2023
OSA Nos.277 to 281 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2023
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
and
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
Original Side Appeal Nos. 277 to 281 of 2019
and
CMP. Nos.571 and 572 of 2021
5620 of 2020, 22792 of 2019,
22787, 22789, 21597 of 2022, 21604 of 2022, 21598 of 2022,
93 and 97 of 2023
---
O.S.A. Nos. 277 and 278 of 2019
1. Tamil Nadu Football Association
73, Jawaharlal Nehru Stadium
Park Town, Chennai - 600 003
2. J. Jesiah Villavarayar
3. C. Sivanandan
4. K. Radhakrishnan
5. N. Balasubramanian
6. R. Rajasekaran
7. P.N. Ravikumar
8. Suresh J. Manoharan .. Appellants
Versus
1. Pennar Junior FC
rep. by its Secretary Mr. C. Sasikumar
3/210 A, ARS Nagar
Kaveripattinam
Krishnagiri District - 635 112
https://www.mhc.tn.gov.in/judis
OSA Nos.277 to 281 of 2019
2. Krishnagiri District Foodball Association
rep. by its Secretary Mr. C. Sasikumar
32, Bharathiyar Street, Newpet
Krishnagiri District .. Respondents
O.S.A. Nos. 279, 280 and 281 of 2019
Tamil Nadu Football Association
73, Jawaharlal Nehru Stadium
Park Town, Chennai - 600 003 .. Appellant
Versus
1. Pennar Senior FC
rep. by its Secretary Mr. K. Tamilselvan
Pudur Village, Malaiyandhali Post
Kaveripattinam
Krishnagiri District - 635 112
2. Intermillan FC
rep. by its President Mr. K.R. Murali
Vivek Garden, Hosur
Krishnagiri District
3. Krishnagiri Town FC
rep. by its Secretary Mr. V.K. Murali
2/233, Priya House
Chennai By-pass Road
Krishnagiri District 635 001
4. St. Antony's FC
rep. by its Secretary Mr. E. Arockiaraj
220/B, KTM Nagar, Elathagiri Post
Bargur Taluk
Krishnagiri District - 635 108
5. Dynamo FC
rep. by its Secretary Mr. P.K. Balu
31/40 E, Royakottai Road
Opp. Srinivasa Theater
Hosur, Krishnagiri District - 635 109
https://www.mhc.tn.gov.in/judis
OSA Nos.277 to 281 of 2019
6. Trinity FC
rep. by its Secretary Mr. N. Deepraj
2/136 A, Pethathalapalli Village and Post
Krishnagiri District 635 001
7. Hosur Town FC
rep. by its Secretary Mr. K. Venkatesh
42, Nehru Nagar, Opp. Railway Station
Hosur, Krishnagiri District 635 109
8. Maharishi Vidya Mandir FC
rep. by its Secretary Mr. M. Shankar
5/39, Dasarpet, Hosur
Krishnagiri District 635 109
9. MGR College FC
rep. by its Secretary Mr. R. Jothibasu
MGR College, Hosur
Krishnagiri District 635 109
10. Government Boys Higher Secondary School FC
rep. by its Secretary Mr. Alphones Albert
4/213-4, Sanjeev Nagar, Ponmalaikoil Street
Kattiganapali, Krishnagiri District 635 001
11. Pennar Junior FC
rep. by its Secretary Mr. C. Sasikumar
3/210-A, ARS Nagar, Kaveripattinam
Krishnagiri District 635 112
12. Krishnagiri District Football Association
rep. by its Secretary Mr. C. Sasikumar
32, Bharathiyar Street
Newpet, Krishnagiri District 635 001
13. Government of Tamil Nadu
rep. by its Secretary
Commercial Taxes and Registration Department
Namakkal Kavingar Maligai
Fort St. George, Chennai - 600 009
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OSA Nos.277 to 281 of 2019
14. The Registrar of Societies
District Registrar Office Central Chennai
268, Bharathi Salai, Express Estate
Royapettah, Chennai - 600 014
15. Inspector General of Registration
100, Santhome High Road
Mylapore, Chennai - 600 028 .. Respondents
O.S.A. No. 277 of 2019:- Appeal filed under Order XXXVI Rule I of
the Original Side Rules read with Clause 15 of the Letters Patent against the
Order dated 27.09.2019 passed in Application No. 1554 of 2019 in Civil Suit
No. 126 of 2019 on the file of this Court.
O.S.A. No. 278 of 2019:- Appeal filed under Order XXXVI Rule I of
the Original Side Rules read with Clause 15 of the Letters Patent against the
Order dated 27.09.2019 passed in Application No. 1555 of 2019 in Civil Suit
No. 126 of 2019 on the file of this Court.
O.S.A. No. 279 of 2019:- Appeal filed under Order XXXVI Rule I of
the Original Side Rules read with Clause 15 of the Letters Patent against the
Order dated 27.09.2019 passed in Application No. 1774 of 2019 in Civil Suit
No. 126 of 2019 on the file of this Court.
O.S.A. No. 280 of 2019:- Appeal filed under Order XXXVI Rule I of
the Original Side Rules read with Clause 15 of the Letters Patent against the
Order dated 27.09.2019 passed in Application No. 128 of 2019 in Civil Suit
No. 126 of 2019 on the file of this Court.
O.S.A. No. 281 of 2019:- Appeal filed under Order XXXVI Rule I of
the Original Side Rules read with Clause 15 of the Letters Patent against the
Order dated 27.09.2019 passed in Application No. 1153 of 2019 in Civil Suit
No. 126 of 2019 on the file of this Court.
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OSA Nos.277 to 281 of 2019
For Appellant(s) : Mr. A.L. Gandhimathi, Senior Advocate
for Mr. C. Santhosh Kumar
For Respondents : Mr. K.Seshasayee for R1 & R2 in OSA Nos.277 &
and 281 of 2019
Mrs.Rohini Ravikumar for R3 & R5 in OSA
Nos.279, 280 and 281 of 2019
COMMON JUDGMENT
(Judgment of the Court was delivered by R.MAHADEVAN, J)
Sport is always regarded as a potent tool to achieve human development
such as psychological and physical rehabilitation. It is construed as a bridge,
which would associate with peace and social mobilization by providing a
physical foot point. It is an arena, where relationship can be built among the
team-mates even in the midst of adversaries in the form of competition. It will
benefit the sports personnel to develop their skills of teamwork,
communication, confidence, leadership qualities, co-operation and respect, so
that they will become members, who can contribute to the society. With a
vision to make our country a super power in sports, the Government of India
has spiralled the Khelo India Movement to encourage sports. Much
importance is now, given to the sports and it has been emphasized
periodically. However, in pursuit for power and authority, Sports Associations
relentlessly involved in inter se conflicts between themselves, which not only
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OSA Nos.277 to 281 of 2019
affects the organisational stability, but also would have detrimental effects on
the young players of the sport. It would create a sense of lack of clarity in the
minds of the young sports persons and also would lower their morale and
defeat their spirit. One such unfortunate and regrettable situation is the instant
case.
2. The contesting fourth defendant in the suit in C.S. No. 126 of
2019 viz., Tamil Nadu Football Association, has come forward with these
appeals questioning the validity and/or correctness of the common order dated
27.09.2019 passed by the learned Judge in the applications filed by the
plaintiffs as well as defendants in the said civil suit.
3. One Penner Senior FC, represented by its Secretary, Krishnagiri
and 11 others filed the suit in C.S. No. 126 of 2019 against (i)the Government
of Tamil Nadu, represented by its Secretary, Commercial Taxes and
Registration Department, Chennai, (ii)the Registrar of Societies, Chennai,
(iii)Inspector General of Registration, Chennai, and (iv)Tamil Nadu Football
Association, Chennai, for the following reliefs:-
(a) To declare the notices dated 07.01.2019 and 22.01.2019
issued by the fourth defendant for convening the 83rd Annual Ordinary
Congress to be held on 09.02.2019 at Hotel Green Palace, SNM Greet
City, Vilar, Trichy - Nagar Express Way, Thanjavur - 613 006 as null
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OSA Nos.277 to 281 of 2019
(b) For a permanent injunction restraining the office bearers
of the fourth defendant from discharging official functions as office
bearers,
(c) To declare all the actions, decisions, letters and emails of
the fourth defendant from 20.09.2018 as null and void,
(d) For a permanent injunction restraining the fourth
defendant from conducting Annual Ordinary Congress to be held on
09.02.2019 at Hotel Green Palace, SNM Greet City, Vilar, Trichy -
Nagar Express Way, Thanjavur - 613 006,
(e) To declare the voting rights of the 12th plaintiff through
its office bearers elected on 28.12.2018 as valid."
4. According to the Plaintiffs, the 12th Plaintiff (i.e) Krishnagiri
District Football Association is actively involved in the game of football and
was associated with Youngster Football Club, Kaveripattinam. It was
instrumental in establishing Pennar Football Club, in which many players
enrolled themselves as its members. Subsequently, the Club was bifurcated
into two, one named as Pennar Junior and the other named as Senior Football
Club. It was further stated by the plaintiffs that there are about 18 clubs which
are affiliated as Members of Krishnagiri District Football Association/12th
Plaintiff. However, the 12th Plaintiff lacks funds and the member clubs always
look upon the office bearers of District Football Association for guidance and
instructions in conducting tournaments.
5. The Plaint further proceeds to state that the fourth defendant (i.e.)
Tamil Nadu Football Association is the apex body for the game of football and
it is registered under the Tamil Nadu Societies Registration Act, 1975. It has
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OSA Nos.277 to 281 of 2019
its own bye-laws and it is affiliated with All India Football Federation (AIFF).
The fourth defendant as well as AIFF receive grants, aids and sponsorships
from the State and Central Governments for conducting tournaments, coaching
camps, travel expenses for players, etc. Thus, the fourth defendant and AIFF
are responsible for the game of football in Tamil Nadu and India respectively.
According to the plaintiffs, the office bearers of the 4th defendant Association
were elected on 21.09.2014 and their tenure expired on 20.09.2017. As per the
bye-laws of the fourth defendant Association, election has to be conducted to
elect new office bearers, however, the fourth defendant Association did not
conduct such election and the office bearers, whose term already expired,
continue to remain at the helm of affairs. When the office bearers attempted to
amend the bye-laws after expiry of their term, Chennai Football Association
had filed O.A. Nos. 913 and 914 of 2018, in which, this Court granted an order
of interim injunction.
6. In the plaint, the Plaintiffs had given a detailed account
complaining various acts resorted to by the office bearers in complete
violation of the Constitution and the principles of natural justice. It was further
stated that the members of the fourth defendant Association also did not
submit the annual audited financial statement, annual budget, reports etc., as
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OSA Nos.277 to 281 of 2019
required. It was the grievance of the plaintiffs that due to the inaction of the
office bearers of the fourth defendant Association, the member clubs were not
getting adequate opportunity to participate in the tournaments. The Plaintiffs
therefore gave a detailed representation on 18.09.2018 to the former President
of the District Federation, but there was no response. They also submitted a
representation on 06.10.2018 to the fourth defendant as well as AIFF and the
same was not acted upon. On 04.12.2018, the 12th plaintiff Association sent a
detailed letter to all the members informing them about the inaction on the part
of the fourth defendant as well as AIFF and requested the members to
co-operate in conduct of election to elect new office bearers. For this purpose,
on 28.12.2018, a Special General Body Meeting of the 12th Plaintiff was held
at Hotel RKV, Krishnagiri and a Senior Most District Football player Mr. Syed
Siddique Basha conducted the election as Returning Officer and the result of
the election was communicated to the fourth defendant through a letter dated
02.01.2019. On the other hand, the fourth defendant proposed to conduct an
Executive Committee Meeting on 06.01.2019, but no notice was sent to the
12th plaintiff. On coming to know about the meeting to be held on 06.01.2019,
the 12th Plaintiff authorised its Secretary to attend the meeting of the fourth
defendant Association, but on reaching the venue, the Secretary of the 12th
Plaintiff was denied permission to attend the meeting on 06.01.2019.
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OSA Nos.277 to 281 of 2019
Thereafter, on 09.01.2019, the fourth defendant sent a communication to the
12th Plaintiff stating that the election of the 12th Plaintiff held on 28.12.2018
was illegal. While so, the plaintiffs came to know that the Annual Congress of
the fourth defendant was slated to take place on 09.02.2019 at Thanjavur for
which nominations were called for. The Plaintiffs got a copy of the Annual
Report of the fourth defendant through other Association, in which, reference
was made as if annual league matches of the 12th Plaintiff Association has
been conducted regularly, but such matches were never conducted. According
to the plaintiffs, the elected office bearers of the 12th Plaintiff Association has
a statutory right to participate in the Annual General Body meeting of the
fourth defendant Association as per Article 12.3 of the Constitution of the
fourth defendant. However, the fourth defendant has not served any notice on
the 12th Plaintiff and unilaterally attempting to conduct the Annual General
Body meeting and any meeting without the participation of the plaintiffs
would be a nullity. With these averments, the plaint came to be filed by the
plaintiffs.
7. Pending the suit, the plaintiffs preferred two applications viz.,
(i) O.A. No. 128 of 2019 praying to grant interim injunction restraining the
present office bearers of the fourth defendant Association, their men, agents
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OSA Nos.277 to 281 of 2019
and associates from convening the proposed 83rd Annual Ordinary Congress
to be held on 09.02.2019 at Hotel Green Palace, SNM Green City, Vilar,
Trichy-Nagar Express Way, Thanjavur - 613 006 or at any other place and any
similar meeting on subsequent dates until final disposal of the suit; and
(ii) Application No. 1153 of 2019 praying to grant an interim direction to
supersede the fourth defendant and appoint an Administrator to conduct the
elections for the fourth defendant Association after following the mandatory
provisions of the fourth defendant's bye-law and the Tamil Nadu Societies
Registration Act, 1975.
8. On 08.02.2019, when the matter was taken up for consideration,
the learned Judge granted an order of interim injunction in OA No. 128 of
2019 in C.S. No. 126 of 2019 filed by the plaintiffs. Despite the said order and
the same having been communicated, the fourth defendant conducted the
election and the decision taken in Annual Ordinary Congress held on
09.02.2019 at Hotel Green Palance, SNM Green City, Vilar, Thanjavur.
Aggrieved by the same, the Plaintiffs filed two applications viz.,
(i)Application No. 1554 of 2019 to punish the fourth defendant and others for
the alleged disobedience of the interim order dated 08.02.2019 granted in
OA.No.128 of 2019 in CS No.126 of 2019; and (ii)Application No. 1555 of
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OSA Nos.277 to 281 of 2019
2019 praying to set aside the election and decisions taken at Annual Ordinary
Congress held on 09.02.2019 at Hotel Green Palace, SNM Green City, Vilar,
Trichy-Nagar Express Way, Thanjavur - 613 006.
9. On notice, the fourth defendant in the suit filed Application No.
1774 of 2019 to vacate the aforesaid interim injunction granted in OA.No.128
of 2019 in CS No.126 of 2019.
10. All the aforesaid applications were taken up for consideration by
the learned Judge and after hearing the counsel for both sides, the order dated
27.09.2019 came to be passed with the following observations:
"44. The facts narrated above, lead me to believe that the
meeting said to have taken place on 27.05.2018 is shrouded in
mystery. No clear records are available. Of course Mr. AR.L.
Sunderasan, learned Senior Counsel appearing for the fourth
defendant would contend that those persons, who claim to have been
elected in the meeting held on 27.05.2018 are not made parties to the
suit, hence he is not in a position to explain. This stand is taken only
now at the time of hearing of the applications, when the
contradictions are pointed out to the learned Senior Counsel. It is not
as if those persons are not aware of the litigation. They have filed
supporting affidavits under their oath and they have also attested
some of the supporting affidavits. Therefore, they cannot claim
ignorance about the litigation.
45. The fourth defendant has produced almost all the records
in order to establish that the meeting was held on 27.05.2018, but the
essential communication by which the result of the meeting dated
27.05.2018 was informed to the fourth defendant was not produced,
though sufficient time was granted to the fourth defendant and an
assurance was given by the learned Senior Counsel to produce the
same. I am therefore of the considered opinion that the meeting said
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OSA Nos.277 to 281 of 2019
records have been manipulated to show that such meeting had in fact
taken place. There is no explanation for the contradictions, which
have been cited above, on the part of the fourth defendant. I am
therefore of the considered opinion that the fourth defendant had not
invited the properly elected persons for the Ordinary Congress that
was held on 09.02.2019, therefore, the plaintiffs are aggrieved by the
conduct of the fourth defendant.
46. On the question of the tenure of the office bearers,
Section 15(4) of the Tamil Nadu Societies Registration Act is
mandatory, it provides that the term of the office of the members of
the Committee shall not exceed three years from the date of their
appointment. This Court in Periyar Self-Respect Propaganda v. State
of Tamil Nadu and Others, reported in AIR 1988 Mad 27, held that
Section 15(3) and 15(4) would have retrospective operation from the
date of their incorporation in the main Act. This Court also pointed
out that any provision in the bye-law will have to give way to the new
provision in view of Section 53 of the Act, which provides that any old
bye-law which is inconsistent with the provisions of the new Act will
have to be invoked. Therefore, the tenure of office bearers of the
fourth defendant Association expired as early as on 19.09.2018 and
they had no right to continue in office after the said date. If they have
no right to continue in office after the said date, they do not have any
right to convene General Body Meetings or to conduct elections.
Therefore, the entire process of the convening of the Annual Congress
on 09.02.2019 and the conduct of elections is vitiated not only by non
compliance with the Statutes, but also because of noncompliance with
the provisions of the Tamil Nadu Societies Registration Act.
47. I therefore have no hesitation in holding that the very
convening of ordinary congress on 09.02.2019 by persons who are
surreptitiously holding office without conducting election is illegal
and any decision taken therein cannot be implemented as the same
will amount to continuing or perpetuating the illegality.
48. No doubt true that the applicants in OA No.128 of 2019
have only sought for an order of injunction restraining the
respondents from convening the 83rd Annual Ordinary Congress on
09.02.2019 and the ordinary congress had been convened despite an
order of injunction that is granted by this Court on 08.02.2019, the
applicants cannot be left high and dry, particularly in the light of the
fact that, I have found that the very convening of the Annual Congress
on 09.02.2019 is illegal.
49. The applicants have also filed an Application in
Application No.1555 of 2019 seeking to set aside the election and
decisions taken in the Annual Congress held on 09.02.2019. In the
light of the discussion above, which shows that the very convening
Congress is illegal, Application No.1555 of 2019 is allowed, the
election that was held on 09.02.2019 and the other decisions taken in
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the Annual Congress dated 09.02.2019 are set aside. In view of the
OSA Nos.277 to 281 of 2019
above OA No.128 of 2019 and A.No.1774 of 2019 are closed as no
further orders are necessary.
50. For the same reasons, Application in A.No.1153 of
2019 is allowed, the Executive Committee of the fourth defendant is
superseded and Hon'ble Mr.Justice A.K.Rajan (Retired) is appointed
as Administrator with a request to settle the disputes in all the
District Associations under Article 17 of the statutes, to convene the
Ordinary Congress of the Tamil Nadu Football Association and
conduct elections for the same. The Administrator will be entitled to a
honororium of Rs.75,000/- per month, which can be drawn by him
from the fourth defendant.
51. Insofar as the Contempt Application No.1554 of 2019 is
concerned the applicants would contend that despite having
knowledge of the fact that this Court had granted an order of
injunction, the respondents in A.No.1554 of 2019 had gone ahead
with the conduct of the meeting, which amounts willful disobedience
of the order of this Court. Apart from tendering an unconditional
apology, the respondents have filed a counter stating that they were
not aware of the order of injunction. I am unable to accept the
ignorance pleaded by the respondents in view of the following facts.
52. It is seen from the whatsapp messages, which have been
produced, the second contemnor, namely J.Jesiah Villavarayar, had
received the copy of the order sent by whatsapp at 10.09 a.m. and he
has seen the same at 10.10 a.m. on 09.02.2019. He would, however,
claim in his affidavit that he was not allowed to take his mobile phone
inside the venue and he was in the venue at 9.30 am. This claim is
belied by the photographs that have been produced showing that all
the office bearers were sitting in the Dais with their mobile phone
either on the table or in their shirt pocket. The second respondent
Mr.J.Jesiah Villavarayar, has his Mobile phone in his pocket as seen
from the photographs at page 20 of the typed set filed by the
applicants on 20.02.2019. It is, however, claimed that these
photographs were not taken at the venue. The said claim is false. The
banner behind the photographs would show that these photographs
were taken at the venue.
53. Apart from the above, it is seen that the other office
bearers, particularly, the Secretary of the Thanjavur District Foot
Ball Association had received and seen the whatsapp
messages/communication sent to him at around 8.00 p.m. on
08.02.2019 itself. The copy of the order has also been served on
Mr.A.Kannan, who has also filed an affidavit saying that he received
the copy and he left the place and he did not attend the meeting. The
whatsapp messages sent to Mr.Senee Mohideen, Secretary of the
Madurai District Football Association, Mr.Sivanandan, Secretary of
the Thanjavur District Football Association and Mr.Suresh
J.Manohar, Secretary of Theni District Football Association have
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OSA Nos.277 to 281 of 2019
have also seen the same on 08.02.2019 at around 8.30 p.m. All these
would demonstrate that the respondents had knowledge of the fact
that this Court had granted interim order of injunction. Apart from
the above, the fact that interim injunction was granted was widely
published in various newspapers, including the Trichy edition of The
Hindu dated 09.02.2019 and Email was also sent enclosing the order
to the fourth respondent to the official email ID. Despite the same the
respondents have chosen to conduct the meeting and declare
themselves elected.
54. Apart from the above, it is also seen from the records the
complaint was made to the Inspector of Police, Thanjavur on
09.02.2019, complaining that the second contemnor had refused to
receive the copy of the order, when it was attempted to be served on
him. All these would show that the contemnors have not only
disobeyed the order, but they also burk real facts from the Court.
False affidavits have been filed stating that they were not allowed to
take their mobile phone into the meeting hall. This shows the
nonchalant attitude of the respondents. Recording these facts, I had
passed an order on 29.04.2019 restraining the persons, who claimed
to have been elected from functioning as office bearers of the
Association. Despite the said order, the second respondent contemnor
had continued to describe himself as a legal custodian of the Tamil
Nadu Football Association even in subsequent communications.
55. This conduct leaves no doubt in my mind that the
respondents in A.No.1554 of 2019 have willfully disobeyed the order
of this Court and had conducted the meeting and they had continued
to disobey the orders of this Court in functioning as the elected office
bearers of the fourth defendant/respondent Association, despite the
order dated 29.04.2016, which was passed in the presence of their
counsel. There is no explanation, whatsoever, for such continued
disobedience by the respondents. Hence I am of the opinion that the
respondents deserved to be punished for having willfully disobey the
orders of this Court. I therefore, direct the respondents to be detained
in Civil Prison for a period of four days from the date of their
detention. The operation of this order of punishment will remain
stayed for the period of 30 days from today."
11. It is as against the above order dated 27.09.2019 passed by the
learned Judge, the fourth defendant in the suit has filed the present appeals.
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OSA Nos.277 to 281 of 2019
12. On 07.01.2020, when the matters were taken up for consideration,
the learned Administrator appointed by the learned Judge was directed to
conduct meeting to Krishnagiri District Football Association, after issuing due
notice to all the members of the Association in accordance with the bye-laws,
identify the office bearers and file a report. While so, the appellant was
directed to conduct the football matches in consultation with the learned
Administrator, insofar as Krishnagiri Football Association is concerned.
Subsequently, by order dated 06.03.2020 in CMP No.5620 of 2020 filed by
Dynamo Football Club and Krishnagiri Town Football Clubs, this court
directed them to participate in the election process and the result of the
election should be produced in a sealed cover on 18.03.2020. Pursuant to the
same, the learned Administrator conducted the election on 07.03.2020 and
filed his report dated 11.03.2020 in a sealed cover.
13. During the course of hearing, the learned senior counsel for the
appellant submitted that the entire dispute as alleged by the plaintiffs is only
with regard to the office bearers of Krishnagiri District Football Association
and there is no dispute with regard to the appellant Association. Adding
further, the learned senior counsel submitted that the tenure of the office
bearers came to an end on 19.09.2018, and they had no right to continue in
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OSA Nos.277 to 281 of 2019
office after the said date. It is further submitted that the plaintiffs sought for an
injunction from convening the meeting on 09.02.2019, however, the learned
Judge erred in holding that the meeting held on 09.02.2019 is illegal and
setting aside the decisions taken in the annual congress held on 09.02.2019, by
the order impugned herein. It is also submitted that the order of the learned
Judge was not served on the fourth defendant and without having knowledge
about the same, the fourth defendant had conducted the meeting on 09.02.2019
and thus, they have not committed any contempt.
14. The submissions so made on the side of the appellant have been
refuted by the learned counsel for the respondents. According to the learned
counsel, the appellant Association conducted the Annual Congress of the
Tamil Nadu Football Association, without serving a copy of the notice on the
plaintiffs. Further, they violated the order of the learned Judge dated
08.02.2019 in OA.No.128 of 2019 in CS.No.126 of 2019, thereby conducting
the meeting and taking decisions in the annual congress of the Association on
09.02.2019.
15. However, the learned counsel for both sides ultimately submitted
that in order to give quietus to the issues involved herein, a Committee may be
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OSA Nos.277 to 281 of 2019
constituted under the chairmanship of the learned Administrator already
appointed by the learned Judge, by adding some members, to administer and
take over the affairs of Tamil Nadu Football Association, fourth defendant in
the suit and dispose these original side appeals accordingly, leaving the other
issues to be agitated before the learned Judge. Having regard to the same, this
court directed the parties to file memo, suggesting the names of Prominent
football players as well as Adocates practising before this court to be
appointed as Committee Members.
16. Accordingly, both the parties have filed their respective Memos
on 16.03.2023 and 25.01.2023, which read as follows:
Memo dated 16.03.2023 filed by the appellant / Tamil Nadu Football
Association:
"It is respectfully submitted as follows:-
i) The Honourable Madras High Court had directed us to file a
list suggesting names of members to be appointed to form a Committee to
overlook the Election Process of the Tamil Nadu Football Association on the
last hearing date i.e., 13.03.2023.
ii) ....
iii) ....
iv) The following are the names of the members suggested by us
a) All India Football Federation Observers and also Eminent
Football players:-
1) Mr. Harjinder Singh
Honorary Secretary
Punjab Football Association and former India
International Player
2) Mr. Jo Paul Ancheri
Former India International Player
and also acted as Captain of the team
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OSA Nos.277 to 281 of 2019
b) Advocates list:-
1) Ms. Kanimozhi Mathi (Practising in Madras High Court)
Address : Rohit Tower
(next to TNSC Bank Main Gate)
No.127/261. Contact No. 995208 1186
2) Mr. Sudhan Raj
Advocate
Practising in Madras High Court
c) TFA Eminent Football Players List
1) A. Robin Charles Raja
- Asian Football Confederation Pro License Coach
- former TN State Footballer -
- Selector/Scout for All India Football Federation in the age
group from 2018-2012 for Indian National Team
- Coached TN State teams in National/National Games/I
League
- Was selector for SDAT Sports Hotel in various age groups
from 2017-2022
2) Mr. R. Prabakaran, B.A.B.L.,
- Played for Tamil Nadu State Civil Services Football Team for
several years and participated in the All India Civil Services Football
Tournaments
- Acted as Captain of the team also
Hence, we hereby pray that this Honourable Court may be pleased to
appoint a retired Honourable Judge of the Honourable High Court to
conduct the elections along with the Advocates or Assistants as this
Honourable Court may think fit.
Hence, this Memo is filed praying that this Honourable Court may be
pleased to pass orders for conducting the elections alone."
Memo dated 25.01.2023 filed by the respondents
"The respondent humbly submits as follows:-
i) It is submitted that this Honourable Court in the hearing
held on 23.01.2023 directed both parties to file a memo suggesting names
of renowned football players in Tamil Nadu and names of advocates to
constitute an Administrative Committee to take over administration of the
affairs of Tamil Nadu Football Association.
2. The key role of the above Administrative committee may be
as follows:-
https://www.mhc.tn.gov.in/judis a) To adopt the by-law of the association in line with the
OSA Nos.277 to 281 of 2019
National Sports Code, By-laws of All India Football Federation and also
the provisions of the Tamil Nadu Societies Registration Act.
b) To resolve all the dispute in all the District Football
Associations (DFAs)
c) To identify the duly elected office bearers of each DFAs
based on the records to be called for from the respective DFAs
d) To conduct elections from DFAs where there is a serious
dispute in identifying the elected office bearers
e) To finalise voters list and to conduct elections for Tamil
Nadu Football Association
f) To conduct league matches and tournaments till election of
office bearers to Tamil Nadu Football Association taking charge
g) To communicate with All India Football Federation and
other State Associations
h) To communicate with Government Authorities and officials
i) To communicate with DFAs and other member clubs
j) To select players to represent Tamil Nadu in National
tournaments and matches
k) To register players name with online portal of All India
Football Federation
l) To conduct meetings with DFAs and member clubs
m) To take all other necessary actions and decisions that are
necessary for the effective administration of the Tamil Nadu Football
Associations
n) To function from the registered office of the Tamil Nadu
Football Association.
3. The respondents herein suggest following names of the
sports person who may be considered to be appointed as a member of the
Administrative Committee of Tamil Nadu Football Association
1) Mr. Mohammed Amjad
2) Mr. V.P. Sathiesh Kumar
3) Mr. Raman Vijayan
4) Mr. R. Basheer Ahamed
The respondents have also submitted profile of all the above
players along with this memo for the ease reference of this Honourable
Court.
4. The respondent also suggests name of the following
Advocates who may be considered to be appointed as Joint Members of
the Administrative Committee.
1) Mr. Arun Anbumani
No.4, Law Chambers
Madras High Court, Chennai 104
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OSA Nos.277 to 281 of 2019
2) Mr. Niranjan Rajagopal
No.III A, High Court Chambers
Madras High Court, Chennai - 104
3) Mr. Stalin Abhimanyu
No.336, Old No.166, 2nd Floor
Shaw Wallace Buildings
Thambu (C) Street, Chennai - 600 001"
17. This court considered the submissions made by the learned
counsel appearing for the parties and perused the materials available on record,
including the order passed by the learned Judge, which is impugned herein. It
is pertinent to point out that sports symbolise the spirit of brotherhood,
tolerance, mutual respect, leadership quality, command and communication,
fostering the spirit of accepting victory and defeat as one and the same.
Therefore, it should be made as a platform, where everyone can be given an
equal opportunity to prove their might without being discriminated on the
ground of gender or disability in any forms or manifestation. A sports person
should not be defeated by discriminating him/her from participating in the
arena of sports, but the defeat should be in the real field, after allowing all
those, who have the potential to participate in the sports, so that they can
contribute with their spirit, body, mind and soul ably. Often participation and
completion itself is seen as an inner victory. It is the process, one undertakes to
compete in sport that alleviates the inner spirit, facilitating change in one’s
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OSA Nos.277 to 281 of 2019
perspective towards life and fellow human beings. The spirit behind Khelo
India Movement is to unearth the talent and potential from every possible part
of our diversed and vast country, both in terms of landscape and population.
However, in this case, due to the disputes between the plaintiffs and the
defendants, some sports events, tournaments or competitions could not be
conducted, whereby the sports personnel were deprived of an opportunity to
exhibit their prowess, talent and skill and the same should not be allowed to
continue any further. After all, the object of the Associations before this Court
is only to promote the game of Football in the State by creating more
infrastructure and opportunities and kindle the interest among the younger
generation.
18. Therefore, in the given factual matrix and as suggested by the
learned counsel appearing for both sides, this court is inclined to constitute an
administrative committee consisting of Chairman and four other members,
instead of an Administrator, for the purpose of administering and looking after
the affairs of the fourth defendant Association, as a temporary measure, with
the following directions:
a. An administrative committee is constituted under the Chairman of
Hon'ble Mr.Justice A.K.Rajan (Retd) with four members viz., (i)Mr.R.Basheer
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OSA Nos.277 to 281 of 2019
Ahamed (ii)Mr.Harjinder Singh (iii)Mr.Stalin Abhimanyu and
(iv)Ms.Kanimozhi Mathi, to admister the 4th defendant association,
b. The administrative committee shall administer the 4th defendant
association until the new administrative body is elected and approved by this
court,
c. The administrative committee shall convene a general body meeting
of all the members of the 4th defendant association and address their
grievances before conducting the elections to the 4th defendant association,
d. The administrative committee shall conduct elections to the District
Football Associations, wherever there are no office bearers, after verifying the
list the member’s club registered with each District Association in the state,
e. The administrative committee shall finalise the list of members
eligible to vote and publish the same by inviting objections and thereafter
conduct the elections to the 4th defendant association as per the existing by-
laws,
f. The administrative committee shall manage the affairs of the 4th
defendant and perform all the functions of the 4th defendant association
including but not limited to conduct of sport meet at club level, district level
and state level as per the practice and by following the regular procedure as
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OSA Nos.277 to 281 of 2019
have been adopted by the 4th defendant association, to communicate with the
All India Football Federation and other state associations, to implement the
programmes and instructions of All India Football Association, to engage the
service of professionals and coaches to select the players to represent in
national and state level meets and tournaments, to ensure that district level
meets and tournaments are promptly conducted, to take steps to digitalize the
list of members and players registered with the 4th defendant association and
the district associations, to create a platform to lodge complaints and grievance
addressal forums/bodies,
g. The administrative committee shall cause a statutory audit of the 4th
defendant association to be conducted and file a report before this court within
two months from the date of receipt of a copy of this judgment,
h. The administrative committee shall maintain proper accounts during
the tenure of its functioning until the new office bearers are elected and submit
a report to this Court regarding the income, expenditure and the actions taken
by them for promotion of the game in the capacity as interim care taker,
i. The administrative committee shall verify and collect all the records of
the 4th defendant association with the Registrar of Societies and place the
same before this Court within 30 days from the date of receipt of a copy of this
judgment,
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OSA Nos.277 to 281 of 2019
j. The administrative committee shall ensure that there is no arbitrariness
or discrimination in the selection process and due weightage shall be given to
talent,
k. The administrative committee shall ensure that there is adequate
representation for women at every level of administration as the 4th defendant
association is also to maintain the women’s football in the state,
l. The administrative committee shall put in place a Vishaka Committee
to address the grievance of the women football players, if any,
m. The administrative committee shall conduct a detailed study of
various football associations including but not limited to amendment to the
bye-laws that can be suggested, welfare programmes directed towards the
retired players, promotion of the game, adequacy of compensation to players,
steps to taken to ensure transparency and fair place,
n. The result of the election with regard to Krishnagiri District Football
Association conducted by the learned Administrator as directed by this court,
is approved. The administrative committee shall issue appropriate direction to
the elected office bearers to assume office and start functioning with
immediate effect. The election expenses incurred as mentioned in the report of
the Administrator dated 11.03.2020, shall be drawn from the account of the
fourth defendant and paid to the officers concerned and thereafter, get it
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OSA Nos.277 to 281 of 2019
reimbursed from the account concerned.
o. The Chairman of the administrative committee shall be paid a
honourarium of Rs.75,000/- per month as ordered by the learned Judge and
each member shall be paid a honourarium of Rs 25,000/- per month, which can
be drawn from the fourth defendant Association,
p. The parties are granted liberty to approach this court for clarifications
or further directions, as may be required by them,
q. Insofar as the order passed in application no.1554 of 2019, though we
do not find any ground to interfere with the reasons and findings of the
Learned Judge, considering the unconditional apology expressed by the
appellants, the agreement entered into between the parties, and the
submissions of the learned senior counsel appearing for the appellants to show
some leniency by modifying the order, with a warning that every order of this
court has to be complied with in letter and spirit with promptitude, the
sentence imposed on the appellants is modified into one of fine of Rs.75,000/-
each payable by the appellants in their personal capacity in favour of the Tamil
Nadu Mediation and Conciliation Centre, High Court, Madras, within a period
of two weeks from the date of receipt of a copy of this judgment, failing
which, the order of sentence shall stand restored.
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OSA Nos.277 to 281 of 2019
19. Accordingly, the order of the learned Judge is modified and all
these original side appeals are disposed of, leaving all the issues to be agitated
in the suit. No costs. Consequently, all the connected miscellaneous petitions
are closed.
[R.M.D., J] [M.S.Q., J]
20.09.2023
Index : Yes / No
Neutral Citation : Yes / No
Speaking / Non-Speaking Order
rsh
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OSA Nos.277 to 281 of 2019
R. MAHADEVAN, J
and
MOHAMMED SHAFFIQ, J
rsh
OSA Nos.277 to 281 of 2019
20.09.2023
https://www.mhc.tn.gov.in/judis
