The standoff between the National Sports Council and the All Nepal Football Association came to a head on Wednesday as the governing body of Nepali sports suspended the football governing body for three months, citing the latter’s clarification as unsatisfactory.

The suspension has been imposed under Section 29(2) of the Sports Development Act, NSC wrote to ANFA. The suspension means the NSC will not support and recognise the tournaments held by ANFA.

More alarmingly, it also risks a suspension from FIFA, the global football governing body, which would be the first time in Nepali football’s turbulent history. In that case, Nepal will not be entertained by other countries in football, while Nepali teams will be denied participation at AFC and FIFA tournaments.

The dispute between the two bodies dates back to December last year, when ANFA’s executive committee decided to hold the executive committee election on February 11. Regular elections are the hallmarks of democratically elected bodies but questions were raised in ANFA’s case.

The executive committee, led by President Pankaj Bikram Nembang, was elected for a four-year term on June 21, 2022. The election should have been held just before the end of his tenure but Nembang’s team decided to conduct it a few months earlier. Nembang’s team justifies the decision saying it was not seeking ‘more time’ in power, but wanted a ‘fresh mandate’ just a few months early.

Critics, however, say that early elections would not deliver a fresh mandate. ANFA’s executive committee is elected through a vote from members of the body’s district branches, and the members who voted for Nembang in 2022 still remain in office.

This led the National Sports Council and Ministry of Youth and Sports to intervene, demanding ANFA first organise elections at the district level and then seek a fresh mandate at the centre.

However, ANFA has been defending its move, citing that it allowed the concerned stakeholders to choose “those who are better in the role” at a time when the incumbent executive committee has been mired in criticisms. “The central executive committee can decide on its election as an autonomous association. Similarly, ANFA cannot force district associations to conduct elections beforehand,” ANFA has been saying.

The issue also reached the Patan High Court, with petitioners seeking an interim order against ANFA’s decision to hold early elections. However, the Court stated that ANFA’s early election did not violate any laws.

But the intervention from the NSC continued. And as the two sides have been exchanging statements and notices to blame and defend each other on the issues, such as the postponement of the National League and Women’s League and cancellation of the men’s friendly with Hong Kong on March 26, it reached a peak on Wednesday when NSC suspended ANFA.

ANFA postponed the election multiple times after being unable to hold it on February 11. But they have not backed off, and are conducting the election on March 27.

The suspension’s notice came on Wednesday evening, hours after ANFA submitted a clarification after a 24-hour ultimatum by the Council on Tuesday.

ANFA’s clarification more of a warning

ANFA submitted a written clarification to the National Sports Council on Wednesday via email.

The football governing body had closed its administrative works from Tuesday, citing the March 27 polls. Thus, when the NSC’s letter seeking clarification from the footballing body reached the ANFA Complex in Satdobato, Lalitpur, on Tuesday afternoon, there were no ANFA officials to officially accept the letter.

“It has been directed under the Sports Development Act’s Section 29(7) to submit a written clarification within 24 hours after receiving the letter,” the NSC’s letter read.

As the letter was not received, NSC officials returned, but only after pasting the two pages on ANFA’s office door.

The NSC had blamed ANFA for violating sections 28(M) and 29(1) of the Sports Development Act, and sought clarification regarding why ANFA should not be punished under 29(2).

Section 28 provisions that the national sports associations should follow the conditions set by the Ministry of Youth and Sports and the NSC and its executive committee. Section 29 provisions a suspension of up to three months for associations that do not abide by the conditions.

ANFA’s clarification says that they are an autonomous body and have followed Nepal’s laws. It also says they strictly follow the statutes, rules and directives of FIFA and AFC. If a third party intervenes in ANFA’s activities, FIFA and AFC will suspend the footballing body, the clarification further states.

“We have timely responded to all the concerns of the NSC,” reads ANFA’s clarification. “We have also provided the NSC with the directives by FIFA and AFC regarding our election.”

ANFA has also stressed the Patan High Court’s view that ANFA’s election did not face any legal hurdles.

“We have submitted the copies of warnings, which were received from FIFA and AFC on January 16 and March 13, on suspension due to third-party interference,” the clarification reads.

It is not interference: NSC

The NSC is well-aware of the fact that international sports associations, especially those overseeing football, do not entertain third-party interference.

However, the Council still suspended ANFA, despite the association getting the green light from FIFA and AFC.

“When the governing body, under which you are registered, asks you to follow the prevailing laws and statutes, it is not an interference,” read the NSC’s letter.

FIFA’s view on third-party interference

There are many instances where FIFA has suspended a member association after third-party interference. FIFA’s rules are clearly against interference.

FIFA Statutes’ Article 14(i), which is regarding obligations of member associations, states, “to manage their affairs independentlyand ensure that their own affairs are not influenced by any third parties in accordance with article 19 of these Statutes.”

Article 19 revolves around ‘Independence of member associations and their bodies’. Rule 1 of Article 19 states, “Each member associationshallmanage its affairs independently and without undue influencefromthirdparties.”

The Statutes further reads, “A suspended member association may not exercise any of its membership rights. Other member associations may not entertain sporting contact with a suspended member association. The Disciplinary Committee may impose further sanctions.”

What next after NSC’s suspension?

Section 29(3) of the Sports Development Act states, “If an association submits an application to revoke the suspension after following the given directives, a probe will be conducted, and the suspension can be lifted.”

The Council has proposed a nine-point directive that ANFA needs to follow to have the suspension removed. ANFA has been asked to include the State Development Act as a key law in the ANFA Statutes.

ANFA has also been directed to make several amendments to its Statutes so that the footballing body, in the future, will be legally forced to follow the Council’s directives.

“If the suspension has not been revoked for three months, the Council can quash the executive committee, form an ad-hoc committee and conduct fresh elections within the next three months,” reads Section 29(4) of the Act.

Nonetheless, if ANFA does not entertain NSC’s suspension and moves ahead with the election, the new executive committee will be recognised by FIFA and AFC.

And if the NSC intervenes in ANFA’s election, FIFA and AFC can suspend Nepali football.

‘We will not be responsible for suspension’

“FIFA and AFC have regularly warned the government bodies not to interfere in ANFA’s elections. If they still interfere, and FIFA suspends Nepali football, why should we be responsible?” ANFA’s general secretary Kiran Rai said in an interview with Kantipur TV on Tuesday. “Those who interfered should be responsible.”

Rai, who also signed the clarification letter on Wednesday, further stressed that ANFA had not violated any of the country’s rules.

Rai, who was the coordinator of the committee formed to draft the ANFA Statutes, which was sanctioned in January 2021, has been claiming that they were following their statutes as an autonomous body.

Section 22(3) of the Sports Development Act states that a registered sports association should be autonomous.

The major concern regarding why the NSC is against ANFA’s election is that the footballing body is seeking a fresh mandate without fresh elections at the district level, a move that will see the same members who voted for the current executive committee in the upcoming election.

“We have not tried to stay in power. We are seeking a fresh mandate early,” Rai said. “We cannot force district associations to do elections early, as they are all autonomous as well.”

None of the 45 district football associations under ANFA has raised a voice against ANFA’s early election.

Meanwhile, ANFA officials, representatives and voters are all set to reach Jhapa, the place for Friday’s ordinary congress and election, on Thursday.

ANFA hasn’t reacted to the suspension as of press time.