1. Suit for declaration regarding appointment of Ombudsman and Ethics Officer — High Court dismissal of suit — Special Leave Petitions. (Para 1 )
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2025 Supreme(SC) 26
SUPREME COURT OF INDIA
VIKRAM NATH, SATISH CHANDRA SHARMA, JJ.
M/s The Hyderabad Cricket Association – Appellant
Versus
M/s Charminar Cricket Club & Anr. – Respondents
Special Leave to Appeal (Civil) No. 6779 of 2021 with Special Leave to Appeal (Civil) No. 6819 of 2021 And SLP(C) No. 16526 of 2021 and Special Leave to Appeal (Civil) No. 16628 of 2021
Decided on : 03-01-2025
Important Points
The court ruled that matters concerning the governance of the Hyderabad Cricket Association should be heard together with a related Civil Appeal to avoid conflicting interpretations of the BCCI's Constitution.
Subject
Civil Law - Sports Law
Headnote
(A) Civil Procedure Code, 1908 - Section 115 - Special Leave Petitions - The petitions challenge the High Court's order setting aside the suspension of the Ombudsman and Ethics Officer's appointment, raising issues related to the constitutionality of the Hyderabad Cricket Association's governance. (Paras 1, 2.3, 4)
(B) Supervisory Committee - The court appointed a Supervisory Committee for fair elections of the Hyderabad Cricket Association, later replaced by a Single Member Committee to oversee the elections. (Paras 2.4, 2.5)
Facts of the case:
The petitions arose from a suit by a cricket club challenging the appointment of an Ombudsman, resulting in the High Court dismissing the suit and lifting the suspension of the appointment. (Paras 2.1, 2.3)
Findings of Court:
The court found it appropriate to tag the current matters with a pending Civil Appeal concerning broader constitutional issues of the BCCI. (Paras 4)
Issues: The main issues involved the constitutionality of recommendations made by the Single Member Committee in relation to the BCCI's Constitution and regulations. (Paras 3, 4)
Ratio Decidendi: The court determined that the recommendations may conflict with the BCCI's Constitution, necessitating a joint hearing with a related Civil Appeal. (Paras 4)
Result: The Registry is directed to place the papers before the Chief Justice for further orders.
(B) Supervisory Committee - The court appointed a Supervisory Committee for fair elections of the Hyderabad Cricket Association, later replaced by a Single Member Committee to oversee the elections. (Paras 2.4, 2.5)
Facts of the case:
The petitions arose from a suit by a cricket club challenging the appointment of an Ombudsman, resulting in the High Court dismissing the suit and lifting the suspension of the appointment. (Paras 2.1, 2.3)
Findings of Court:
The court found it appropriate to tag the current matters with a pending Civil Appeal concerning broader constitutional issues of the BCCI. (Paras 4)
Issues: The main issues involved the constitutionality of recommendations made by the Single Member Committee in relation to the BCCI's Constitution and regulations. (Paras 3, 4)
Ratio Decidendi: The court determined that the recommendations may conflict with the BCCI's Constitution, necessitating a joint hearing with a related Civil Appeal. (Paras 4)
Result: The Registry is directed to place the papers before the Chief Justice for further orders.
Legal Category Hierarchy
Table of Contents
2. Recommendations for association constitution may conflict with the national cricket board's constitution and existing judicial directions. (Para 3 )
3. Where recommendations for a state association's constitution may conflict with the national board's constitution and guidelines, consolidated hearing is appropriate. (Para 4 )
4. Matters involving potential conflicts between state association constitutions and national board guidelines should be heard together to avoid conflicting views. (Para 4 )
5. Matters directed to be tagged with the pending lead appeal and placed before the Chief Justice of India. (Para 4 , 5 )
6. How should courts handle potential conflicts between state association constitutional recommendations and a national board's constitution?
The court held that such matters should be tagged with the lead appeal dealing with the national board's constitution to ensure consistency and avoid conflicting views and orders. (Para 4 )
ORDER :
VIKRAM NATH, J.
1. The special leave petitions were filed assailing the correctness of the judgment and order dated 06.04.2021 passed by the High Court for the State of Telangana at Hyderabad in Civil Revision Petition No117 of 2021.
2. The facts giving rise to the present petitions are as follows:
2.1. Respondent No.2 M/s Budding Star Cricket Club instituted a suit before the Civil Court registered as PSROP No.17 of 2020 seeking a declaration that the appointment of the Ombudsman and the Ethics Officer by the Apex Council was not in accordance with the Constitution of the Hyderabad Cricket Association.
2.2. In the said suit, I.A. No. 674 of 2020 was preferred, in which the Civil Court, while allowing the application, passed an order for suspension of the decision of the Apex Council appointing the Ombudsman cum Ethics Officer during the pendency of the said suit, till its disposal.
2.3. The said order was challenged by way of Civil Revision Petition No.117 of 2021 before the High Court. The High Court by the impugned order dated 06.04.2021 allowed the Revision, set aside the order of suspension of the appointment of Ombudsman cum Ethics Officer and I.A. No. 674 of 2020 was dismissed with cost of Rs.25,000/-. Further, the High Court dismissed the suit itself by the impugned order. Assailing the correctness of the same, the present Special Leave Petitions were filed.
2.4. During the pendency of these petitions, various orders were passed and with passage of time, the scope of these petitions has been widely enlarged. By an order dated 22.08.2022, this Court appointed a Supervisory Committee under the Chairmanship of retired Chief Justice of High Court of Andhra Pradesh along with three members which included an IPS Officer being Director General, Anti- Corruption Bureau, Telangana State and Ex-Indian Cricketer and Director of Hyderabad Cricket Academy of Excellence.
2.5. Later on, by an order dated 14.02.2023, this Court directed that the Supervisory Committee will not survive considering the fact that fair and proper elections of the executive body of the Hyderabad Cricket Association were essential. A retired Judge of this Court was appointed as a Single Member Committee to conduct the elections. The elections were held under the supervision of the Single Member Committee. Further the Single Member Committee made certain recommendations to be incorporated in the Constitution of the Hyderabad Cricket Association. When the said report of the Single Member Committee was placed before this Court, a large number of objections were filed by different parties, some of them supporting the recommendations and others objecting to the same on various grounds.
2.6. This Court further passed an order dated 05.12.2023 and prima facie found that the recommendations made by the Single Member Committee were salutory recommendations. However, this Court observed that it would not like to shut out the parties from having their say. Further, as an interim measure, it was directed that the recommendations in the meantime will come into force and be implemented. Thereafter, the matters have been taken up on a number of occasions and arguments were heard on several dates.
3. On 05.12.2024 when the matters were taken up, Mr. Avishkar Singhvi, learned counsel appearing for the elected office bearers informed this Court that Civil Appeal No.4235 of 2014 is pending consideration before another Bench of this Court, where some of the issues involved in the present cases are also being considered. Further, the said Civil Appeal is dealing with a broader issue relating to the Constitution of Board of Control for Cricket in India (BCCI) and there is a direction passed therein, based on the guidelines and Constitution approved by this Court, that all States Cricket Associations would have their Constitution in line with the Constitution of the BCCI. It was also submitted by Mr. Singhvi that some of the recommendations made by the Single Member Committee would
