Manipur High Court: Lanusungkum Jamir, J. while hearing the matter concerned with sports between All Manipur Football Association v. State of Manipur, quashed the latter dated 05-12-2020 passed by the Director of Youth Affairs and Sports, Government of Manipur and directed the parties involved in the matter to appear before the adjudication committee, which was instituted through the official documentation between the parties, within a period of 1 month from the date of the pronunciation of the judgement.
To promote the development of the sport of football in India, the FIFA announced a special project called ‘Win in India with India’ in consultation with All India Football Federation. In the same line the General Secretary of the All India Football Federation through a letter addressed to the Honorary Secretary, All Manipur Football Federation informed and consulted him regarding the same project.
After the abovementioned chain of events took place, a tripartite Memorandum of Understanding (MOU) was signed between the All India Football Federation, All Manipur Football Association and the Director, Youth Affairs and Sports, Government of Manipur on the state govt’s behalf on June 9, 2010 in New Delhi.
The issue involved in the present writ petition is the impugned letter dated 5.12.2020 written by the Director, Youth Affairs & Sports, Government of India and addressed to the General Secretary, All Manipur Football Association, cancelling the Memorandum of Understanding executed between the All India Football Federation, All Manipur Football Association and the Youth Affairs & Sports, Manipur.
The counsel for petitioners contended that the Director of Youth Affairs and Sports, Government of Manipur had no authority to straight away cancel the MoU through the letter dated 05-12-2020 without issuing a ‘Show Cause Notice’ to the other parties involved as was a tripartite.
Another clear argument advanced by the petitioner was that the cancellation letter dated December 5, 2020 holds no base also because the matter should first have been referred to the adjudication Committee as provided under Article 8 (1) of the MoU signed between the parties and if in case there would have been any dispute which would have still been subsisted then the parties would have gone for arbitration as per the Memorandum of Understanding (MoU.) Ms. Kumudavalli also supported the contention of the petitioners and said that the cancellation, as done in the present matter, is illegal.
Further Mr Lenin Hijam submitted that as it was a tripartite Memorandum of Understanding therefore all the parties are duly bound by the Articles contained in the memorandum.
After taking into consideration the arguments advanced by the parties, the Court was pleased to quash the impugned letter dated 05-12- 2020. Further, the Court directed the parties to appear before the adjudication committee for the redressal of the existing issue between the parties within a period of 1 month from the date of the judgement.[All Manipur Football Association v. State of Manipur, WP (C) No. 82 of 2021, decided on 13-12-2021]
Suchita Shukla, Editorial Assistant has reported this brief.
For petitioners: Mr M Devananda
For Respondent 1&2: Mr Lenin Hijam, Addl. A.G.
For respondent 3: Ms Kumudavalli Seetharam