2017 Supreme(AP) 241
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Ramesh Ranganathan and Shameem Akther, JJ.
M. Govind Reddy S/o M. Sudhakar Reddy – Petitioner
Versus
Hyderabad Cricket Association and Others – Respondents
WP (PIL) M.P. No. 97 of 2017 in WP (PIL) No. 16 of 2017
Decided On : 23-03-2017
Act Referred
PUBLIC INTEREST LITIGATION RULES : .
Headnote
Constitution of India - Article 12, 226, and 141 – Civil Procedure Code - Section 38 and 144 - Representative to monitor the India-Bangladesh test match conducted - We had also directed the BCCI to depute a financial advisor to assist the BCCI observer and to ensure proper maintenance of the records - Financial Advisor was directed to submit a report to this Court by the next date of hearing - Accordingly Prof. Ratnakar Shetty BCCI Observer submitted his report enclosing thereto the un-audited and expenditure statements of the India- Bangladesh - We had also directed the BCCI to submit a report to this Court on the role of State Associations such as the in conducting whether they were given any share in the revenue generated from the sale of tickets advertisements sale of food items whether any steps had been taken by the Committee of Administrators of the to ensure transparency in awarding of contracts by the more particularly those matters referred to in the initial three pages of the report and whether the BCCI had issued any instructions regarding the manner in which these IPL matches should be conducted - Report has been submitted by the Chief Executive Officer of the BCCI which details the obligation of the State Associations, the franchisees and the BCCI - Appearing on behalf of respondents 1 and 4 sought further time to file counter-affidavits - Learned Counsel for submitted that there was an urgent need to make interim arrangements as a tripartite agreement was required to be entered into between – Held, Court and a retired judge of the High Court) also because of the extreme reluctance of the existing office bearers of the HCA to implement the recommendations of Justice R.M. Lodha Committee which, to the extent accepted by the Supreme Court, constitutes under Article of the Constitution of India binding on the BCCI and the State cricket Associations, including the HCA - It is only to ensure its implementation which the existing office bearers have failed to do, is a Committee of Administrators being appointed to administer and manage the affairs of the HCA that too for the limited duration of the cricket season and thereafter till the recommendations of Justice R.M. Lodha Committee are fully implemented. Implementation of the recommendations would ensure that the popular game of cricket is administered in a fair and transparent manner, ostentation is avoided, and the precious resources of HCA are spent usefully to promote the game of cricket and to groom young cricketers in the State of Telangana in general and the city of Hyderabad in particular. The Committee of Administrators shall hold office only for the duration cricket season and till the Justice Committee recommendations are implemented which task we are confident they will complete within six months - Responsibility of managing the affairs in accordance with the bye-laws shall be handed back to the duly elected office bearers - W.P. (PIL) M.P. No. 97 of 2017 is accordingly disposed.
For the Petitioner: Sri Vivek Chandra Sekhar.
For the Respondents: Sri Vedula Venkata Ramana, Sri V. Ramchander Goud, Sri K. Priyadarshan Reddy, Sri K.S. Murthy, Sri B. Vijaysen Reddy and Sri B. Naranyana Reddy.
Ramesh Ranganathan, J.
1. We had, by our order in W.P. (PIL) M.P. No. 30 of 2017 in W.P. (PIL) No. 16 of 2017 dated 06.02.2017, directed the Committee of Administrators of the BCCI to depute its representative to monitor the India-Bangladesh test match conducted at Hyderabad from 09th February, 2017. We had also directed the BCCI to depute a financial advisor to assist the BCCI observer, and to ensure proper maintenance of the records. The Financial Advisor was directed to submit a report to this Court by the next date of hearing. Accordingly Prof. Ratnakar Shetty, BCCI Observer, submitted his report dated 24.02.2017 enclosing thereto the un-audited income and expenditure statements of the India- Bangladesh test match.
2. In our order dated 28.02.2017, we had observed that the contents of the report of the BCCI observer dated 24.02.2017 were disconcerting, and reflected poorly on those at the helm of affairs of the HCA. A copy of the report of the BCCI observer (other than the provisional un-audited report on the income and expenditure) was directed to be made available to all the parties to enable them to submit their objections thereto. We had also directed the BCCI to submit a report to this Court by 07.03.2017 on the role of State Associations, such as the HCA, in conducting IPL matches i.e. whether they were given any share in the revenue generated from the sale of tickets, advertisements, sale of food items etc, whether any steps had been taken by the Committee of Administrators of the BCCI to ensure transparency in awarding of contracts by the HCA, more particularly those matters referred to in the initial three pages of the report dated 24.02.2017 and whether the BCCI had issued any instructions regarding the manner in which these IPL matches should be conducted by the HCA. A report has been submitted by the Chief Executive Officer of the BCCI which details the obligation of the State Associations, the franchisees and the BCCI.
3. When the matter was listed before us on 07.03.2017, the Learned Senior Counsel and the Learned Counsel appearing on behalf of respondents 1 and 4 sought further time to file counter-affidavits. Sri K. Priyadarshan Reddy, Learned Counsel for the BCCI, however, submitted that there was an urgent need to make interim arrangements, as a tripartite agreement was required to be entered into between the BCCI, the franchisee, and the Committee representing the State Associations; as two rival groups had claimed to represent the Executive Committee of the HCA, any delay in examining this issue would put the IPL matches in jeopardy; and the BCCI requests that an Observer be appointed by this Court to oversee the IPL matches conducted at Hyderabad. Learned Counsel for the BCCI undertook to file an application in this regard by 10.03.2017. The present application was filed by the BCCI, on 09.03.2017, seeking appointment of an Observer/Administrator.
4. This application is filed by the Board of Control for Cricket in India ("BCCI" for short) (respondent No. 2 in WP (PIL) No. 16 of 2017), requesting this Court to appoint an independent Observer/Administrator for the Hyderabad Cricket Association ("HCA" for short) to work in conjunction with the BCCI to oversee/supervise the smooth conduct of the Indian Premier League ("IPL" for short) matches at Hyderabad; maintain proper accounts for the income and expenditure of the HCA in relation to the IPL matches; supervise and ensure implementation of the recommendations of Justice Lodha (Retd) Committee by the HCA, in accordance with the orders of the Supreme Court in Civil Appeal No. 4235 and 4236 of 2014; to direct the HCA and all its office bearers to function under the overall supervision of such an independent Observer/Administrator; direct that any of their decisions shall only be taken in consultation with, and the prior approval of, such independent Observer/administrator till such time that all the IPL matches are conducted at Hyderabad for the year 201