IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
B. CHANDRA KUMAR, J.
T. Suresh Kumar and another
v.
B. Praveen Kumar and others
CRP Nos. 4487 and 4492 of 2012
Decided On : 30.4.2013
B) CIVIL PRACTICE AND PROCEDURE:- Where the suit is filed challenging the election of cricket association by two persons, one of whom is not a member of the association, to which objection taken by the respondent, amendment allowing the non-member to be petitioner is allowed. [Para 25]
C) A.P. Societies Registration Act - Section 23, Civil Procedure Code 1908, Section 151 – The jurisdiction of court or Tribunal is not only to restricted to the prayer or relief sought, but may mould the relief or prayer as the interest of justice and circumstances may require.
D) ELECTION LAWS – Where in the cause title Association shown as Mahabubnagar District Cricket Association Adhoc Committee, Mahabubnagar District and said Adhoc Committee, which was admittedly looking after all affairs of Association, contested the matter by raising all possible grounds and also challenged orders obtained by petitioner and conducted elections, it cannot be pleaded that the District Cricket Association is not impleaded. [Para 38, 39]
Since the facts of the case, issues involved and the parties in both these revisions are one and the same, they are being disposed of by this common order.
2. CRP No. 4487 of 2012 is directed against the order dated 30.8.2012 passed in SROP No. 6 of 2011 by the VII Additional District Judge, Mahabubnagar and CRP No. 4492 of 2012 is directed against the order dated 7.9.2012 passed in EA No. 1 of 2012 in EP No. 47 of 2012 in SROP No. 6 of 2011 by the VII Additional District Judge, Mahabubnagar.
3. The parties will be hereinafter referred to as they are arrayed in SROP No. 6 of 2011 for the sake of convenience.
4. The petitioner filed SROP No. 6 of 2011 seeking a declaration that the election dated 31.8.2008 conducted for Mahabubnagar District Cricket Association, Mahabubnagar (hereinafter referred to as "Association") is invalid and for permanent injunction restraining respondents 4 and 5 from holding office, acting and discharging responsibilities of the Association.
5. The brief facts of the case are as follows:
The Mahabubnagar District Cricket Association was formed on 18.8.1999. The aims and objects of the Association are; (a) to promote and develop sports in general and cricket in the district, (b) to identify talent at a very tender age by conducting series of tournaments and competitions, (c) to conduct regular coaching and practice sessions for the cricketers in the district and make them ready to participate in district, State, national and international level, (d) to be a forum to represent all cricket associations and cricket fraternity in the district at various levels in promotion of the game, (e) to develop sportsmen spirit and contribute for the development of discipline among the youth in general and (f) to do all the necessary actions to meet the above ends. It is certified that no profit and no commercial activities are involved in its working. The office address of the Association is shown as 7-5-90, Venkateshwara Colony, Mahabubnagar. As seen from the rules and regulations of the Association the only criteria to obtain membership is above 18 years. The said rules and regulations further enumerate that the annual general body meeting will be held once in a year i.e., in the month of July. The functions of general body are mentioned as follows. (a) to pass the budget for the ensuing year and approve the expenditure statement of previous year, (b) to approve the report of the activities of the society, (c) to elect the executive committee etc., and (d) to appoint Auditor. Rule 9 deals with the amendments and 2/3rd of the members present have to agree for proposed amendments.
6. It appears that initially one Syed Hafeezuddin was elected as President, one S. Chandra Kumar Goud was elected as Vice-President and A. Venkateshwar Reddy was elected as General Secretary of the Association. Subsequently, disputes arose among the members and they approached Hyderabad Cricket Association. An ad hoc committee was formed to resolve the disputes among the members. The ad hoc committee decided to conduct elections. The ad hoc committee modified the rules and regulations particularly the rule with regard to admission of members into the association. As per the amended rule, a person who played two inter district tournaments on behalf of the District Cricket Association shall be eligible to become a member. The allegation of the petitioner is that several other persons were denied membership and they were not allowed to participate in the elections. It is also his allegation that initially his application for membership was rejected, but subsequently it was accepted. It is also his allegation that when he requested to supply the copies of voters list, the same was not supplied to him. The main contention of the petitioner is that no general body meeting was conducted and no resolution was passed by the association to amend the rules and the ad hoc committee has no authority to amend the rules.
7. It appears that on 21.8.2008 itse
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