PANJIM: Former Chief Minister Churchill Alemao on Thursday resigned as Goa Football Association (GFA) president following a ruling by the High Court of Bombay at Goa that those attaining the age of 70 years cannot hold the post of the GFA president. The Salcete Football Club, a registered society affiliated with the GFA had filed a writ petition challenging amendments to its Statute allegedly agreed to in the Special General Body meeting held on February 3, 2019.
The only consequence of the impugned amendment was to delete clause 27(h) of the GFA Statute, which had provided that an executive committee member would cease to be a member of the Committee if he or she has attained the age of 70 years.
The petitioner alleged this amendment was contrary to the directives of the All India Football Federation (AIFF), which are binding on the GFA, contrary to the National Sports Code. Furthermore, the impugned amendment was brought about in flagrant breach of the provisions in Article 51 of the GFA Statute since such amendments were never agreed to by two-third of the members present and eligible to vote in the Special General Body meeting held on February 3, 2019.
The amendments, which Churchill Alemao insisted on continuing as the president without any age cap on the tenure, were not validly adopted. The Court found such amendments are ultra vires Article 51 of the GFA Statute and consequently null and void. The GFA president will have to abide by Article 27(h) of the GFA Statutes as amended by the Special General Body meeting held on July 29, 2018. Based on this, with effect from May 16, 2019, Churchill should have ceased functioning as the GFA president.
The court ruled to allow the Petition and quash the impugned amendments allegedly adopted in the meeting dated 03.02.2019. Further, in terms of Article 27(h) of such Statutes, the court declared Churchill Alemao had ceased to hold the office of the President on attaining 70 years. He is accordingly restrained from acting as the President of the GFA with immediate effect. The court however also clarified that any acts discharged by him or the Executive Committee presided over by him will not be questioned only on the ground that he had crossed the age cap prescribed in Article 27(h) of the GFA Statutes. The prayer for stay was also rejected.
The verdict by the High Court generated much comment in the State. Elvis Gomes, the former President of the GFA was blunt when he said “Please note, he did not resign on his own accord, he was ordered by the court to remit office immediately. The court has also upheld the amendments made by Elvis Gomes-headed GFA in 2018.
It also found the amendments by Churchill Alemao to save his chair as illegal. It stated that he was illegally occupying the chair since 15-5-2019. This is a good lesson for not only the football association but all the other bodies to implement the provisions of the sports code and bring about transparency and good governance.”
State Minister of Sports Govind Gaude said he respected the ruling of the High Court and said “Now GFA has to conduct elections and follow the rules and regulations. Court matters should not happen again and focus should be on the sport. The Union Government is considering a sports act to curb such activities but it is in a very initial stage. Being in the government, we need to protect the interest of the players.”
The reaction from a former footballer was one of relief. Brahmanand Sankhwalkar, former national goalkeeper and Arjuna Awardee said “I respect the decision of the court. It is important to have fresh elections and set everything in place. The Salcete club took the challenge in court and you have to appreciate what they have done. It is a small club and something positive has happened. We have to appreciate that they worked patiently for this.”
However, on the question of personnel having to give up posts on touching 70, Gurudutt Bhakta , general secretary Goa Olympic Association felt it was a must at least for major sports associations like GFA but smaller associations would not be able to survive. He said “We have around 28 sports associations affiliated to us. Some of the smaller associations have two members. How will it be possible to function if such a restriction would be put in place?”
It can be safely said the last word has not been said on this subject.
