Title: Sunil D. Emmatty & Anr v. Union of India & Ors. and other connected matters
Decided on: 16 November, 2023
+ W.P. (C) No. 31063 OF 2022 and connected matters
CORAM: HON’BLE Justice Devan Ramachandran
Introduction
After receiving a report from the Observer regarding certain concerns related to the elections for Kerala Hockey, which seemingly resulted in a dispute over the selection list of players to represent the State in the National Games in November 2023, the Kerala High Court recently chastised the Sports Council for its lack of action.
Facts of the Case
Kerala Sports Council (also known as the “Sports Council”) deputed an observer to watch the May 2022 elections for “Kerala Hockey.” It is mentioned that in a report submitted to the Sports Council in July 2022, the Observer raised a few issues with the elections. Thus, two hockey players filed the first plea, claiming that the elections were unlawful since two of the candidates chosen through the process were ineligible according to the National Sports Code, 2011 (the “Sports Code, 2011”). In order to allow them to run for the position of Hockey India Executive Committee members, they therefore asked the Court to rule that the two respondents, the 6th and 7th respondents, were unqualified and to issue an order that their candidacy would not be processed (4th respondent). Furthermore, they requested that Kerala Hockey have denovo elections. Kerala Hockey then held a State Championship in June 2023 to choose players who would represent the State at the National Games in November 2023. They also created a “Provisional Selection List” with the names of those who had been provisionally selected. Following that, on November 7, 2023, the Sports Council released a new list (Sports Council List). Kerala Hockey and a few players who were on the provisional selection list consequently filed separate appeals, contesting the previously created Sports Council List and requesting its nullification.
Courts analysis and decision
Based on the report of their Observer who attended the Kerala Hockey elections, the Court held that the Sports Council would be free to finish the proceedings they had started, but it also stated that this would need to happen as soon as possible after hearing from all parties. Regarding the teams issue, the Court observed that there had been no injunction against Kerala Hockey in its capacity as the affiliated Association at the time the Provisional Selection List was created. Furthermore, it was mentioned that, at the time the interim order was issued, they were still affiliated with the Sports Council and had previously received recognition from Hockey India. It was decided that Kerala Hockey has resolved the Provisional Selection List in accordance with their authority. The Sports Council was chastised by the Court for interfering and demanding a new State Championship just days before the National Championship was scheduled to start.
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Written by- Hargunn Kaur Makhija
