Sports Associations Defy Law: Controversy Over Early Elections

Chaitra 4, Kathmandu – Defying directives from the National Sports Council (Rakhap), the All Nepal Football Association (ANFA) has scheduled early elections nine days from now.

The National Sports Rules 2079 requires that sports associations must secure council approval before holding elections.

“The statutes of sports associations must ensure that each association holds its general assembly within three months after the fiscal year ends, conducts periodic elections every four years, and obtains approval from the council for such elections,” states Rule 7, clause ‘g’ of the regulations.

However, ANFA is unwilling to comply with this rule, citing FIFA and AFC regulations, thereby violating Nepal’s Sports Act by scheduling elections without council approval. Rakhap Secretary Ramcharitra Mehta stated, “ANFA’s disregard of council instructions is illegal, and legal action will be pursued.”

Last Poush (December), the Nepal Olympic Committee (NOC) held a session without government approval. Rakhap had issued correspondence to halt the session, indicating that extending terms through constitutional amendments violated the Sports Development Act 2077. The Supreme Court also issued an order to stop the session. Nonetheless, Jeevan Ram Shrestha amended the constitution and assumed NOC leadership for a third term.

Jeevan Ram Shrestha disobeyed both the council and court orders. This sparked conflicts between the then Sports Minister and the NOC. The former Youth and Sports Minister Tej Lal Chaudhary sealed the NOC headquarters and formed an interim committee. He publicly criticized sports associations for neglecting laws and regulations. Many other sports associations also remain unwilling to comply with the Sports Act.

Rakhap board member Dr. Madhusudan Subedi pointed out that weak regulatory bodies have made controlling sports associations difficult. He said, “Board members regulating the associations often come from various sports associations themselves and fall within their spheres of influence, so effective regulation is challenging.”

He noted a conflict of interest among recent secretaries from Tank Lal Ghising to Yubaraj Lama, who all had ties with sports associations. “Secretaries who are themselves affiliated with sports associations naturally face conflicts of interest, weakening regulatory enforcement,” he clarified.

Section 26 of the Sports Development Act requires national sports associations and federations to register with Rakhap to gain national recognition. Yet some associations operate freely without registration.

Though the Act stipulates only one association per sport, more than one association exists for certain sports in Nepal. For example, both the Nepal Para Olympic Committee and the National Para Olympic Committee exist, violating the law. The National Para Olympic Committee is registered with Rakhap, whereas the Nepal Para Olympic Committee is not.

The Act recognizes only committees registered with Rakhap, which is why conflicts like those involving the Para Olympic Committees persist and occasionally become visible in the sports arena.

Rakhap finds it impossible to regulate such associations, which have also failed to promote athlete development. Secretary Mehta emphasized that no association violating the Sports Development Act will be spared. “We will move forward enforcing the law, and associations disobeying council directives will face sanctions,” he added.

The most controversies occurred during the tenure of former Sports Minister Tej Lal Chaudhary, who proposed amending the Sports Development Act in parliament without consulting Rakhap to better regulate sports associations.

The former minister observed that leadership in Nepalese sports associations tends to remain with the same individuals for 15 to 20 years. “Associations keep the same leaders for too long. We advise them to conduct regular sessions per the Act, but they challenge the law,” he said.

Chaudhary experienced resistance and conflicts from some associations when attempting to enforce the Sports Act.

Ministerial and Secretary Interventions Place Sports Associations in Crisis

Many sports associations consider themselves autonomous and reject government intervention, often violating their own statutes. Likewise, government authorities actively seek to suspend or dismiss individuals who do not align with their interests.

Yubaraj Lama, President of the Nepal Karate Federation, stated that unnecessary interference from the Sports Minister and Rakhap Secretary has widened the gap between sports associations and the council.

He noted a tendency in the ministry and Rakhap to halt elections or issue misleading directives when their preferred candidates are not appointed.

“The institutions responsible for law enforcement must first adhere to the law themselves,” he questioned. “Do they encourage proper elections or send letters to stop them?”

Lama blamed Rakhap and the ministry for most of the current issues, stating, “90% of the blame lies with the ministry and Rakhap, and the remaining 10% with political party operatives.”