High Court · 2025

O.A.Nos.47 to 51 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 07.03.2025CORAM:THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSEO.A.Nos. 47 to 51 of 2025andArb.Appln.No.79 to 83 of 2025Vaga Football Club, Represented by its Secretary S.ChandrakumarNo.51, Anand Gardens Thoopampatti 17. ... Applicant in O.P.No.47 of 2025 Royal Sports Club16/177-A, Anna Nagar, Marappalam, Coimbatore 641105. ... Applicant in O.P.No.48 of 2025Pothanur Sports Club,24/A, Bharat Nagar, Pothanur,Coimbatore - 641 023. ...Applicant in O.P.No.49 of 2025MR Football Club,14, 3rd Cross Street, 2, Ganapathypudur,Coimbatore - 641 006. ...Applicant in O.P.No.50 of 2025Madukkarai United Football Club,No.31/55, Gandhi Nagar, Madhukkarai,Coimbatore - 641 105. ...Applicant in O.P.No.51 of 2025 Vs.1/17 https://www.mhc.tn.gov.in/judis O.A.Nos.47 to 51 of 20251.Tamilnadu Football Association Represented by its Administrator, Room NO.73, Jawaharlal Nehru Stadium, Park Town, Chennai 600 003.No.51, Anand Gardens, Thoopampatti - 172.The Election Officer, Coimbatore District Football Association Mr. J.V.Raj (Retired District Judge) Door No.46, Sathya Nagar, Near Reeds School, Mylampatti, Coimbatore 641 0623.Coimbatore District Football Association Gate No.12, 1st floor, Nehru Stadium, Coimbatore 641 018 ... Respondents in all applications Common Prayer:- Applications filed under Section 9 of the Arbitration and Conciliation Act, 1996, to grant an order of interim injunction restraining the 1st and the 2nd Respondent herein from conducting elections to the 3rd Respondent association until conclusion of the arbitration proceedings between the Applicant and the Respondent.For Applicants: Mr.V.Surya Narayanan.N for Mr.P.Vishnu Manoharan in all applicantions For Respondents : Ms.Kanimozhi Mathi in all applications2/17 https://www.mhc.tn.gov.in/judis O.A.Nos.47 to 51 of 2025COMMON ORDERThese applications have been filed by five different football clubs, who claim that they are members of the Coimbatore Football Association. The Coimbatore Football Association, on account of the alleged mismanagement / invalidity of the election, was taken control by the Tamil Nadu Football Association. The Tamil Nadu Football Association is now represented by an Administrative Committee appointed by a Division Bench of this Court. The said Administrative Committee is now holding elections for the Coimbatore Football Association to elect its Office Bearers. 2. The applicants, who claim to be the members of the Coimbatore Football Association claim that they are empowered to participate in the elections conducted by the Administrative Committee appointed for the Tamil Nadu Football Association for electing the Office Bearers for the Coimbatore Football Association. According to the applicants, they claim that they have been unlawfully prevented from exercising their voting rights in the elections to be conducted by the Tamil Nadu Football Association represented by the Administrative Committee for selecting Office Bearers for the Coimbatore Football Association. 3/17 https://www.mhc.tn.gov.in/judis O.A.Nos.47 to 51 of 2025 3. By relying upon the arbitration clause contained in the bye-laws of the Tamil Nadu Football Association as well as in the bye-laws of the Coimbatore Football Association, they have filed these applications under Section 9 of the Arbitration and Conciliation Act, 1996. According to the applicants, they are indirect members of Tamil Nadu Football Association, apart from being members of the Coimbatore Football Association. They rely upon a clause in the bye-laws of the Coimbatore Football Association, which was approved by the Tamil Nadu Football Association to establish their claim that they are indirect members of the Tamil Nadu Football Association. Aggrieved by the proceedings dated 05.04.2024 of the Administrative Committee for the Tamil Nadu Football Association, which is now headed by a former Judge of this Court, the applicants have filed these applications. 4. These applications have been filed seeking stay of the election conducted by the Tamil Nadu Football Association represented by the Administrative Committee for electing Office Bearers to the Coimbatore Football Association or in the alternative to permit the applicants to participate in the election process by exercising their votes for electing the Office Bearers for the Coimbatore Football Association. 5. According to the Administrative Committee of the Tamilnadu 4/17 https://www.mhc.tn.gov.in/judis O.A.Nos.47 to 51 of 2025Football Association, as seen from their proceedings dated 05.04.2024, the applicants are not valid members of the Coimbatore Football Association, since they have not satisfied with the requirements of the bye-laws of the Coimbatore Football Association. However, it is contended by the applicants that their clubs are in existence since 2018 and they have been continuously holding membership in the Coimbatore Football Association and they are also playing matches. Therefore, they claim that they have been wrongfully prevented from exercising their votes in the election to be conducted by the Tamil Nadu Football Association. 6. A counter has also been filed to these applications stating as follows:- a) The applications filed are not maintainable, since they are not arbitrable, since the dispute raised by the applicants is an election dispute.b) The applicants are not eligible to be membrs of the Coimbatore Football Association, since the period during which they claim to be members was not under the control of the Executive Committee of the Coimbatore Football Association but, under the control of the adhoc Committee for the Tamilnadu Football Association.5/17 https://www.mhc.tn.gov.in/judis O.A.Nos.47 to 51 of 2025c) Between the period from 2018 to September, 2023, there was no Management Committee for the Tamilnadu Football Association. Therefore, the question of the applicants being members of the Coimbatore Football Association does not arise. 7. The learned counsel for the applicants apart from reiterating the contents of the affidavits filed in support of these applications which have been recorded supra would also submit that the elected Office Bearers of the Coimbatore Football Association had already challenged the proceedings of the Administrative Committee appointed for the Tamil Nadu Football Association dated 05.04.2024 before a Division Bench of this Court. However, the learned counsel for the respondents would submit that the said challenge has been dismissed by the Division Bench of this Court, which is disputed by the learned counsel for the applicants. 8. The learned counsel for the respondents reiterate the contentds of the counter affidavit filed before this Court in all these applications, which have been recorded by this Court in the earlier paragraphs. She also relied upon an order dated 31.01.2022 passed by me in O.P.No.563 of 2019 in the case of Madras Sporting Youngsters Football Club Vs. the Tamilnadu Football Association and Others reported in AIR 2022 6/17 https://www.mhc.tn.gov.in/judis O.A.Nos.47 to 51 of 2025Mad 104 and would submit that the present dispute raised by the petitioners involves an election dispute which is an action-in-rem, and therefore, the same is not arbitrable. She also relied upon an order dated 28.06.2019 passed by another learned single Judge of this Court in Application.No.1775 of 2019 in C.S.No.126 of 2019 in the case of Tamil Nadu Football Association Vs. Pennar Senior FC and Others and would submit that being an election dispute, the claim of the applicant is not an arbitrable dispute and therefore, according to her, these applications are not maintainable before this Court. She would submit that in the aforesaid decision rendered by the another learned single Judge of this Court, it has been held that the arbitration clause relied upon by the applicants in these applications is not a valid arbitration agreement. Discussion:-9. Arbitration agreement is defined in Section 7 of the Arbitration and Conciliation Act, 1996 and it reads as follows:-"7.Arbitration Agreement:-(1) In this Part, ?arbitration agreement? means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.(2) An arbitration agreement may be in the form of an 7/17 https://www.mhc.tn.gov.in/judis O.A.Nos.47 to 51 of 2025arbitration clause in a contract or in the form of a separate agreement.(3) An arbitration agreement shall be in writing.(4) An arbitration agreement is in writing if it is contained in(a) a document signed by the parties;(b) an exchange of letters, telex, telegrams or other means of telecommunication [including communication through electronic means] which provide a record of the agreement; or(c) an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other. (5) The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract." 10. As seen from the aforesaid Section, the essentials of an arbitration agreement are as follows :- a) The existence of a dispute; b) The existence of a defined legal relationship between the parties to the arbitration agreement;c) The arbitration agreement must be in writing;d) The intention of the parties to refer the dispute to arbitration must be there and it should be clearly discernible from the arbitration agreement; ande) Arbitration agreement needs to be signed by the parties.11. In the instant case, the applicants claim that they are indirect 8/17 https://www.mhc.tn.gov.in/judis O.A.Nos.47 to 51 of 2025members of Tamil Nadu Football Association and therefore, the arbitration clause contained in the bye-laws of the Tamil Nadu Football Assocation is applicable to them. However, as seen from the definition of an arbitration agreement contained in Section 7 of the Arbitration and Conciliation Act, 1996, it is clear that there must exist a defined legal relationship between the parties to the agreement and the arbitration agreement must be in writing. It is also seen that the intention of the parties to refer the dispute to arbitration must be there and it should be clearly discernible from the arbitration agreement. 12. The arbitration clause relied upon by the applicants in these applications, both in the bye-laws of the Tamil Nadu Football Association as well as in the bye-laws of the Coimbatore Football Association reads as follows:-Arbitration clauses contained in the bye-laws of the Tamil Nadu Football Association (1 st respondent) Article 66 ARBITRATION TRIBUNAL 66.1TFA shall create an option for recourse to Arbitration, by nominating a panel of independent arbitrators who may be advocate or Magistrate to resolve any disputes between TFA, its members, Clubs, players, officials and all those involved in the Game of Association Football. The Arbitration Tribunal will only deal with the internal disputes that do not fall in the jurisdiction of the other two judicial bodies of TFA. 66.2With regard to substance, the arbitrators shall be guided and apply the various regulations of TFA and AIFF and the Indian Law. 66.3The Arbitration procedure shall be according to the special regulations made for this purpose. 9/17 https://www.mhc.tn.gov.in/judis O.A.Nos.47 to 51 of 202566.1TFA shall create an option for recourse to Arbitration, by nominating a panel of independent arbitrators who may be advocate or Magistrate to resolve any disputes between TFA, its members, Clubs, players, officials and all those involved in the Game of Association Football. The Arbitration Tribunal will only deal with the internal disputes that do not fall in the jurisdiction of the other two judicial bodies of TFA. Article 67JURISDICTION OF ARBITRATORS67.1Only the Arbitrators shall deal with appeals against decisions and disciplinary sanctions of the last instance after all previous stages of appeal available at TFA, Member, Club level have been exhausted. The reference to arbitrators shall be sought by an application made to the TFA Secretariat within 10 days of notification of the decision. 67.2The Arbitrators shall not, however, hear appeals on : a) Violation of the Laws of the Game b) Suspension of up to one year. c) Decisions passed by an independent and duly constituted Arbitration Tribunal of a Member. d) Decisions of Disciplinary and Appeal Committee. 67.3The Arbitrators are also empowered to deal with disputes between a third party and any entities or person mentioned in para-1 if an arbitration agreement exists. Arbitration clauses contained in the bye-laws of the Coimbatore Football Association : 46.1The TFA shall create an option for recourse to arbitration by nominating a panel of independent arbitrators to resolve any dispute that may arise between TFA, its members, Clubs, players, officials and all those involved in the game of Association Football. 46.2The Arbitration Tribunal will only deal with internal disputes that do not fall under the jurisdiction of other two judicial bodies of TFA i.e., Disciplinary and Appeals Committee. 46.3With regard to the substance the arbitrators shall be guided to apply the various regulations of TFA, AIFF, AFC and FIFA and the Indian Law. 46.4The Arbitration procedure shall be according to the Special Regulations made for this purpose. 46.5The Arbitrators shall only deal with the appeals against decisions and sanctions of the last instance after all previous stages of appeal available at the levels of Club, DFA and TFA have been exhausted. 46.6The Reference to Arbitrators shall be sought by an application made to 10/17 https://www.mhc.tn.gov.in/judis O.A.Nos.47 to 51 of 202546.1The TFA shall create an option for recourse to arbitration by nominating a panel of independent arbitrators to resolve any dispute that may arise between TFA, its members, Clubs, players, officials and all those involved in the game of Association Football. the Secretariat of TFA within 10 days of the notification of the Decision. 46.7The Arbitrators shall not however hear appeals on; a) violations of the Laws of the Game b) Suspension of up to four matches or up to six months in the case of players c) Suspension of officials, Coaches, Referees upto a period of one year d) Decisions passed by an independent and duly constituted arbitration Tribunal of a Member e) Decisions of Disciplinary and Appeal Committees of TFA.46.8The Member Clubs, players, Coaches, Referees and Officials shall agree to recognize the arbitrators appointed by TFA as independent judicial authority and to comply with the decisions passed by them. 46.9Recourse to Ordinary Courts of Law is prohibited unless specifically provided for in the regulations of TFA. 13. In Vidya Drolia V. Durga Trading Corporation reported in (2011) 5 SCC 532, the Hon'ble Supreme Court propounded the fourfold tests for determining, when a dispute is non-arbitrable, which are as follows:- a) when the cause of action and the subject matter of the dispute relates to actions in rem, that do not pertain to subordinate rights in personam that arise from rights in rem.b) when the cause of action and the subject matter of the dispute affects third party rights; have erga omnes effect i.e., "towards everyone"; requires centralised adjudication, and mutual adjudication 11/17 https://www.mhc.tn.gov.in/judis O.A.Nos.47 to 51 of 2025would not be appropriate and enforceable.c) when the cause of action and the subject matter of the dispute relates to inalienable sovereign and public interest functions of the State and mutual adjudication would be unenforceable; andd) when the subject matter of the dispute is expressly or by necessary implication non arbitrable as per the Mandatory statute(s). 14. Infact, this Court had followed Vijay Drolia case referred to supra in the case of Madras Sporting Youngsters Football Club Vs. the Tamilnadu Football Association and Others reported in AIR 2022 Mad 104 and held that bye-laws of a Society are the internal regulations of the said Society applicable to its members and is a public document. This Court also held that the bye-laws are easily accessible to anyone and is not person-centric. This Court held that in the case of person-centric contracts, the terms and conditions contained therein apply only to the parties to the said contract alone and they are personal in nature. This Court also observed that in case of person-centric contracts, there may also be certain confidential details which cannot be accessed by others. In the said decision rendered by this Court, it was also observed that person-centric contracts are not available and easily accessible to the general public at large and if the parties to the said contract choose to 12/17 https://www.mhc.tn.gov.in/judis O.A.Nos.47 to 51 of 2025keep it confidential amongst themselves, they can do so. Whereas, contracts in the nature of bye-laws cannot have the same privilege. There may be numerous persons who may be interested in the bye-laws. The parties interested may be players, staff, members, sports officials etc., and the list can go on and on and it is never ending and predictable. Bye-laws are typically rules established by an organization or governing body that apply to all members or stakeholders, which means they often involve broader public interest issues that cannot be decided solely by an arbitrator. 15. The case on hand is one such case. The dispute raised by the applicants, who claim that they are valid members of the Coimbatore Football Association, though the same is disputed by the Tamil Nadu Football Association, which is now headed by an Administrative Committee appointed by this Court. There is a possibility that there may be rival members of the Coimbatore Football Association who may claim that the petitioners have not been inducted as valid members of the Coimbatore Football Association. Therefore, to adjudicate the dispute at hand, a court of law is the appropriate forum to interpret and enforce byelaws due to their ability to provide greater transparency and accountability in the decision-making process. The dispute, as raised by 13/17 https://www.mhc.tn.gov.in/judis O.A.Nos.47 to 51 of 2025the applicants, impacts broader public interest as the dispute pertains to an association which promotes and protects interest of Football in the District of Coimbatore. There may be other stakeholders who may have a valid cause to prevent the entry of the applicants as office bearers of Coimbatore Football Association and therefore, the dispute raised by the applicants are not person-centric dispute, but, the dispute affects other stakeholders as well. Therefore, the dispute raised by the petitioner in these applications is certainly an action in rem as public rights are involved. This is the reason why this Court in the case of Madras Sporting Youngsters Football Club Vs. the Tamilnadu Football Association and Others reported in AIR 2022 Mad 104 held that the dispute raised by the petitioner in that case is not an arbitrable dispute, though the present dispute is a slightly different one. In the said decision also, the election was challenged through an application filed under Section 11 of the Arbitration and Conciliation Act, placing reliance upon the very same arbitration clauses, which have been relied upon by the applicants in these applications and this Court held that the dispute is non-arbitrable. 16. The grievance of the applicants can only be redressed through 14/17 https://www.mhc.tn.gov.in/judis O.A.Nos.47 to 51 of 2025a public fora, since the relief sought for by the applicants if granted may affect the rights of third parties who may claim that the applicants are not valid members of the Coimbatore Football Association. Therefore, through arbitration, the grievance of the applicants cannot be redressed but, it can be redressed only through a civil court as the relief sought for by the applicants is an action in rem. 17. In an another decision relied upon by the learned counsel for the respondents involving the very same Tami Nadu Football Association, which was rendered by another learned single Judge of this Court in the case of Tamil Nadu Football Association Vs. Pennal FC and others dated 28.06.2019 in Application No.1775 of 2019 in C.S.No.126 of 2019, the learned single Judge has held that an election dispute is not an arbitrable dispute. Though the applicants may contend that the present dispute is not an election dispute but, in view of the reasons stated supra, this Court is of the view that the dispute raised by the applicants in these applications is an action in rem which affects the public at large and therefore, on that ground, these applications are not maintainable. 18. For the foregoing reasons, on the ground of maintainability, 15/17 https://www.mhc.tn.gov.in/judis O.A.Nos.47 to 51 of 2025these applications do not deserve any merit and they are accordingly, dismissed. However, liberty is granted to the applicants to approach the appropriate forum if so advised in accordance with law to redress their grievance. No costs. Consequently, all connected applications are closed. 07.03.2025kknIndex: Yes/NoSpeaking Order/ Non-speaking orderNuetral Citation :Yes/No To:-1.The Administrator, Tamilnadu Football Association Room NO.73, Jawaharlal Nehru Stadium, Park Town, Chennai 600 003.No.51, Anand Gardens Thoopampatti 172.The Election Officer, Coimbatore District Football Association Mr. J.V.Raj (Retired District Judge) Door No.46, Sathya Nagar, Near Reeds School, Mylampatti, Coimbatore 641 0623.The Coimbatore District Football Association Gate No.12, 1st floor, Nehru Stadium, Coimbatore 641 01816/17 https://www.mhc.tn.gov.in/judis O.A.Nos.47 to 51 of 2025ABDUL QUDDHOSE, J.KKNO.A.Nos. 47 to 51 of 2025andArb.Appln.No.79 to 83 of 202507.03.202517/17