Sports Ministry told Delhi HC Anilkumar's appointment as AIFF Secy Gen was 'impermissible'

New Delhi:The Sports Ministry had told the Delhi High Court that Anilkumar Prabhakaran was "not permissible" to become All India Football Federation (AIFF) secretary general after being elected to its executive committee, according the HC single bench order.

On Wednesday, the Delhi HC stayed the appointment of Prabhakaran as AIFF secretary general on a plea alleging violation of a ministry directive of 2022, which sought to prevent circumvention of age and tenure restrictions provided in the National Sports Code by persons who have held elected posts.

While hearing a plea filed by Delhi Football Club director Ranjit Bajaj, the court stayed the appointment of Prabhakaran as AIFF secretary general till the next date of hearing on April 8.

The AIFF appointed Prabhakaran, who hails from Kerala, as its secretary general in July 2024. He was earlier elected as executive committee member in the AIFF polls held in September 2022.

In his detailed order, Justice Sachin Datta said that the purport of the ministry circular was "not only to prevent circumvention of age and tenure restrictions, but also to obviate any conflict of interest which is inherent in an administrative/salaried post being given to a person who has held an elected post in the same NSF (National Sports Federation)."

"As noticed, the purport of circular/communication dated 28.02.2022 is also evidently to act as a safeguard against any 'conflict of interest'."

"Learned counsel for the Union of India (UOI) also affirms the same, and fairly submits that in terms of the aforesaid letter/circular, it is impermissible for the respondent no.2 (Prabhakaran) to take up the position of 'General Secretary' of the respondent no.1 (AIFF). The stand of the UOI is consistent with the language and spirit of the circular/ communication dated 28.02.2022 as well as the NSDCI (National Sports Code)."

The stay on Prabhakaran's appointment was another blow to the controversy-ridden AIFF headed by BJP politician Kalyan Chaubey, who unsuccessfully contested one Lok Sabha and two Assembly elections in West Bengal.

In the circular of February 2022, the ministry said: "It has been observed that upon being ineligible for re-election, the outgoing office bearers come back as CEO (equivalent to AIFF Secretary General) of the federation, which is against the spirit of the guidelines limiting age and tenure of office bearers of IOA and NSFs of the Sports Code 2011.

"...it has been decided that any person who has held an elected post in IOA and an NSF in the past, should not be appointed as CEO. The post of CEO is an administrative position for which the person selected is paid by the IOA and NSF as per the terms and conditions of engagement."

Justice Datta said: "Indisputably, the aforesaid circular/communication (of the Sports Ministry) has to be read in conjunction with the NSDCI (Sports Code). The purport thereof is to ensure that elected office bearers of an NSF are barred from taking up paid/salaried administrative positions in the NSF.

"The same is necessary, not only to prevent circumvention of age and tenure restrictions, but also to obviate any conflict of interest which is inherent in an administrative/ salaried post being given to a person who has held an elected post in the same NSF.

"In the present case, there is no dispute that prior to his appointment as secretary general of the AIFF, respondent no.2 was an elected member of AIFF's Executive Committee. In fact, it is the case of the respondent no.2 itself that it resigned from the post of elected member of AIFF's Executive Committee, to assume the assignment/job of secretary general. Such conduct is clearly in the teeth of the circular/communication dated 28.02.2022."

The AIFF's counsel argued that the "proscription contained in the circular/communication dated 28.02.2022 must be confined to cases where any elected office bearer is seeking to circumvent the age and tenure restrictions and not to any other situation."

Meanwhile, it is learnt that Prabhakaran has stopped attending office at the AIFF headquarters here after the HC order.