The Delhi High Court today quashed the appointment of Janardan Singh Gahlot and his wife as "Life President" and president of the Amateur Kabaddi Federation of India (AKFI), saying that they held the body to "ransom" by treating it as their "family enterprise".
Delivering a stinging rebuke to the Gahlots, the court observed that there was an "apparent anarchy" prevailing in the affairs of the AKFI and said it was appalled at the manner in which every mandatory condition "was ignored with impunity" by the couple.
Janardan Singh Gahlot is also the current president of International Kabaddi Federation. He had held the post of president of AKFI for 28 years before his wife took over.
The high court also struck down as "illegal" the amendments carried out in Memorandum of Association and Constitution of the AKFI and held that it did not have any authority to create a post of "Life President" when the National Sports Development Code of India (NSCI) did not contemplate the existence of any such post.
It said that as a beneficiary of the recognition conferred by the Government, the AKFI was bound by the stipulations contained in the NSCI, and other guidelines issued by the Centre, and had no authority to create posts "de hors" (outside the scope of) and in excess of, those contemplated by the sports code.
Expressing surprise over the "clandestine and surreptitious" manner in which the wife of former president was allowed to contest for the post of president, the court directed her to render accounts of all financial benefits since the time of her appointment to the said post on May 19, 2013 till date, and ordered that the amount be recovered from her forthwith.
The high court's judgement came on a plea filed by former Kabaddi player and Arjuna Awardee Mahipal Singh and others challenging the appointment of Janardan Singh Gahlot as Life President and his wife Dr Mridul Bhadauria Gahlot as president.
The plea had also sought quashing of the amendments in the Memorandum of Association and Constitution alleging it was done at the instance of Janardan Singh Gahlot.
"We are, frankly, appalled at the manner in which every mandatory condition, and stipulation, was ignored, with impunity, by Respondent No. 4 (Gahlot) and, vicariously, by Respondent No. 5 (wife) as well. Worse, we are informed that Respondent No. 6, the son of Respondent Nos 4 and 5, has been 'elected' as President of the Rajasthan State Kabaddi Federation.
"There is wealth of merit in the submission of the petitioners that Respondent Nos 4, 5 and 6 had, indeed, held the AKFI to ransom, and were treating it as their family enterprise, as if there were none else to further the sport of Kabaddi in the country," a bench of acting Chief Justice Gita Mittal and Justice C Hari Shankar said.
The high court said that due to the apparent anarchy prevailing in the affairs of the AKFI and to preserve its very existence, it was necessary to entrust its control and affairs to an impartial administrator.
"He shall stand substituted in place of the President of the AKFI, and shall be entitled to exercise all powers which existed, heretofore, in the President of the AKFI. The Administrator shall ensure that the Electoral College of the AKFI is prepared, and elections held, in accordance with the Model Election Guidelines, within three months thereof.
"The body so elected shall carry out the amendments to the MOA, to bring it in conformity with the NSCI. Once this is done, a fresh round of elections shall be carried out, as per the amended Memorandum of Association and in terms of the NSCI, ensuring that all stipulations in the NSCI, including age and tenure restrictions, are strictly complied with," the bench said.
It ordered that the entire exercise shall be carried out within a period of six months from today and AKFI shall make available to the administrator an appropriate office space and facilities for the discharge of the directions and make available such staff and personnel as he may express the need for.
"Till the elections are conducted and results declared in consonance of the NSCI and in compliance with the preceding directions, the AKFI shall not make any new financial commitments except with the prior approval of the Administrator. Routine expenses of AKFI too shall be defrayed, with the due prior approval of the Administrator.
"The Administrator would submit a three-monthly report, to this Court, so as to enable this Court to be satisfied that the affairs of the AKFI are in order. The monthly remuneration of the Administrator is fixed at Rs 1,00,000 per month apart from miscellaneous expenses, tour and travel, secretarial assistance, etc, on actuals which would be disbursed, by the 5th of every month," the bench said.
The court made it clear that the bank accounts and other assets of AKFI shall be handed, and dealt with, only by the administrator or such other person whom he may choose to depute or appoint in this regard.
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