Findings of IOA Panel in the Dispute between HFI and HA(I)

The findings of the IOA Panel are as under:

• The Handball Federation of India (HFI) was founded on 10.10.1971 and subsequently registered under the Societies Registration Act on 15.06.1972 at Rohtak, Haryana. HFI has been the sole body recognized by the IOA, the Ministry of Youth Affairs and Sports, Government of India (MYAS), the International Handball Federation (since 1974), and the Asian Handball Federation (since 1976).
• On 04.10.2021, the District Registrar of Societies (the Registering Authority) appointed an Administrator on HFI in the absence of a validly constituted Governing Body, for the day-to-day functioning of HFI and to oversee the conduct of fresh elections.
• As an Administrator stood appointed and the said order was subsequently confirmed by the Registrar General of Societies, Haryana vide order dated 05.07.2022, and by the Hon’ble High Court’s orders dated 09.08.2022 and 19.12.2022, no person was authorised to convene an AGM or take major decisions such as merger.
• On 24.04.2022, a Special General Body Requisition Meeting was claimed to have been convened at Lucknow by an alleged section of members of HFI.
• It was claimed that during the said alleged meeting, the States decided to: (i) register a new body for handball in Uttar Pradesh under the Societies Act; (ii) transfer all assets/liabilities of HFI to the newly formed body; and (iii) take steps for dissolution/closure/winding up of HFI.
• The IOA observed that the said meeting does not appear to have been convened as per the HFI Constitution, as no evidence was produced regarding requisition letters of States, meeting notice, authorisations of representatives, or valid signatories. Further, no actual steps were undertaken for transfer of assets/liabilities or dissolution of HFI.
• HA(I) produced alleged letters of support issued by certain States claiming that they are now affiliated with HA(I). However, records show that on the dates on which such letters were purportedly issued, no legal entity called HA(I) existed. A body titled “Handball Association” was registered only on 27.05.2022, and the name was changed to “Handball Association (India)” only on 08.06.2022. HA(I) failed to explain how State units could have declared affiliation to HA(I) before it had legally come into existence.
• During the hearing, HA(I) submitted that no legal merger ever took place between HFI and HA(I), and that the expression “merger” was used only in a broad or contextual manner.
• The Panel noted that HA(I), in multiple official communications issued after its formation, used the term “merger” as the basis for seeking recognition from MYAS, IHF, and AHF.
• The Panel held that even if HA(I) now contends that the term “merger” was used loosely or non-technically, such terminology had substantive implications and formed the basis of communications addressed to national and international authorities; therefore, the usage cannot be dismissed as merely casual or incidental.
• HA(I) further claimed that an HFI Special General Meeting was held on 12.08.2022; however, at that time an Administrator was in-charge to conduct the day-to-day administration and elections. Accordingly, such meeting was without authority and the decisions therefrom have no legal validity.
• The IOA Panel concluded and clarified that HFI and HA(I) are two separate bodies and that HA(I) cannot take benefit of the goodwill and recognition of HFI to get the membership for itself.