High Court of Andhra Pradesh
G. BHAVANI PRASAD
Ambati Ramaiah & Others
Versus
The Government of Andhra Pradesh represented by its Secretary, Sports, Secretariat Buildings, Hyderabad & Others
Writ Petition Nos.135, 11303, 11319, 12884, 16777, 17536, 17876, 17877 & 19157 of 2011
Decided On : 09-04-2012
B) CONSTITUTION OF INDIA, Article 226:- Though the exercise of writ jurisdiction is not barred in such cases where the right of private citizens is trampled, in the absence of any obligation to the citizen is shown as in this case, writ jurisdiction cannot be entertained. (Para 29)
1. W.P. No.135 of 2011 is with a request to direct the State Government to complete the enquiry against the Andhra Cricket Association expeditiously and to restrain the said association from amending its bye-laws in the Special General Body meeting scheduled on 09-01-2011 to scuttle the enquiry.
2. The petitioner claimed to be the President of the Guntur United Club, which was a member of the Andhra Cricket Association and in W.P. No.21134 of 2009, though an interim direction was given permitting his participation in the activities of Andhra Cricket Association, later the writ petition was held to be not maintainable. In W.P. No.16645 of 2009, a Division Bench directed the State Government to conduct an enquiry on 22-09-2009. In the counter in the said writ petition, the Secretary, Sports of the State Government specified about allotment or alienation of land at five places and purchase of land by Andhra Cricket Association at Mangalagiri from the Urban Development Authority. Alleging the 3rd respondent to be manipulating the affairs of the association and to have convened a special general body meeting without mandatory notices or requisition or agenda, the petitioner claimed that the proposed amendments are illegal and unconstitutional and the sweeping amendments put the association in jeopardy. The enquiry directed by the Court has a statutory source in Section 28 of the Societies Registration Act, 1860. Hence, the writ.
3. At the time of admission, an interim direction was given to maintain status quo with regard to the amendment of the bye-laws.
4. The Andhra Cricket Association and the 3rd respondent as its Honorary General Secretary contended that the Government has absolutely no role to play directly or indirectly in the affairs of the Andhra Cricket Association and there is no financial assistance by the Central or State Governments. The source of income is the Board of Control for Cricket in India, to which the association is affiliated. The allotment of lands to the association was on the basis of payment of market value. Later the Principal Secretary to Government clearly stated in his Memo, dated 26-07-2011 that the association was not allotted any Government land on lease and is not funded by the Government. Elections to the association were conducted and the new Body took charge and the writ petition is premature when no new bye-laws are adopted. Even otherwise, the proposed amendments have to be questioned before the District Court. Hence, it is desired that the interim direction be vacated and the writ be dismissed.
5. W.P. No.11303 of 2011 is for declaring the communication from the Honorary General Secretary of Andhra Cricket Association/3rd respondent to the petitioner to be illegal and the notice, dated 10-04-2011 to show-cause against any disciplinary action was for the alleged misconduct of approaching the High Court without approaching the competent Court at Guntur and without agitating the rights of the petitioner in the Special General Body meeting, dated 09-01-2011. The petitioner claims to be the Honorary General Secretary of the association for 24 years and the expulsion of members not toeing the line of the present management led to litigation. The petitioner approached the appropriate Court, which is civil Court, under Section 23 of the Societies Registration Act, 2001 against pushing through amendments to the bye-laws and as the civil Courts were on Sankranthi vacation, he had to file a receive and transmit petition before the vacation Court of the High Court. In W.P. No.135 of 2011, the High Court stayed the meeting and hence, the petitioner withdrew his petition. That is made the subject of the show-cause notice and agitating a cause through a legal remedy is a constitutional right and hence, the writ to quash the show-cause notice.
6. While ordering notice before admission on 21-04-2011, a learned Judge of this Court observing that if allegations are made, which are not sustainable
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