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High Court Of Bihar
S.N.Hussain
Bihar Cricket Association - Appellants
Vs.
Bank Of India - Respondents
C. W. J. C. No. 986 of 2011 Of
Decided on: Sep 20,2011
BIHAR CRICKET ASSOCIATION - ELECTION - AD HOC COMMITTEE - VALIDITY - BANK ACCOUNT OPERATION - ENTITLEMENT - BCCI RECOGNITION - RELEVANCE - COURT ANALYSIS - BCCI UNDERTAKING - FRESH ELECTIONS - DISTRICT UNITS - LIFE MEMBERS - INCLUSION - SPORTS DEVELOPMENT - RAW TALENTS - INSTITUTE AND TRAINERS - COURT DIRECTIONS.
Fact of the Case:
Dispute between two factions of Bihar Cricket Association (BCA) over the operation of BCA's bank account. Petitioner, claiming to be the newly constituted Committee of Management, sought to operate the account, while Respondent No. 5, representing an Ad hoc Committee, also claimed entitlement. The Bank awaited a court order to determine who was entitled to operate the account.
Finding of the Court:
1. The Ad hoc Committee constituted by the then President of BCA on 30-6-2010 was illegal and without jurisdiction, as there was no provision in the BCA's Rules and Regulations for the formation of an Ad hoc Committee, and the President's powers did not extend to ad hocism. 2. The Annual General Meeting of BCA held on 12-9-2010 was legal and proper, and the Committee of Management elected in that meeting was the legal and proper Committee of BCA. 3. The petitioner-Committee of Management was entitled to operate the BCA's bank account.
Issues: 1. Legality and validity of the Ad hoc Committee constituted on 30-6-2010. 2. Legality and validity of the Annual General Meeting of BCA held on 12-9-2010. 3. Entitlement to operate the BCA's bank account.
Ratio Decidendi: 1. The formation of an Ad hoc Committee is not provided for in the BCA's Rules and Regulations, and the President's powers do not extend to ad hocism. 2. The Annual General Meeting of BCA held on 12-9-2010 was conducted in accordance with the BCA's Rules and Regulations and was not challenged by the Ad hoc Committee or its members. 3. The petitioner-Committee of Management, as the legally elected Committee of BCA, is entitled to operate the BCA's bank account.
Final Decision: The writ petition was allowed, and the petitioner-Committee of Management was directed to be allowed to operate the BCA's bank account.
1. THIS writ has been filed by the Bihar Cricket Association (hereinafter referred to as the 'BCA' for the sake of brevity) which is a body affiliated to the Board of Control for Cricket in India (hereinafter referred to as the 'BCCI' for the sake of brevity) through Sri Ajay Narayan Sharma claiming to be its honorary Secretary.
2. IN the instant writ petition, originally only the Bank of India and its authorities were impleaded as respondents Nos. 1 to 4, because the relief claimed by the petitioner was for a direction to the Chief Manager of the Bank of India to allow the petitioner to operate Account No. 442910110002030 of the BCA as the said authority was creating hindrances.
3. I.A. No. 784 of 2011 was filed by one Ram Kumar claiming to be a member of the Ad hoc Committee of BCA which, according to him, was the real BCA and not the Committee claimed by the petitioner. The said interlocutory application was allowed by this court vide order dated 14-2-2011 and he was directed to be added as respondent No. 5 to the writ petition.
4. WHEN the case was taken up on 28-2-2011, learned counsel for the petitioner stated that since the petitioner-BCA was affiliated to the BCCI the latter was a necessary party for this writ petition and sought permission to implead the BCCI. Accordingly, this court allowed the said prayer and directed the BCCI to be added as respondent No. 6 to the writ petition.
5. WHEN the case was taken up on 21-4-2011, respondent No. 5 stated that there were six life members of the BCA and they were necessary to be impleaded as parties to this writ petition. On the other hand, the petitioner produced a list of 14 life members, out of whom six were the same as mentioned by respondent No. 5 and the remaining had no connection left with the BCA as earlier they had become life members of the Jharkhand Cricket Association or had become disinterested as claimed by respondent No. 5, Hence, the said six life members of BCA as claimed by respondent No. 5 were directed to be added as respondent Nos. 7 to 12 to the writ petition vide order dated 21-4-2011.
6. LA. No. 2570 of 2011 has been filed by 24 of the Districts Cricket Associations for various Districts Cricket Associations (hereinafter referred to as the 'DCA' for the sake of brevity) under the BCA. I. A. No. 3436 of 2011 has been filed by six of the District Cricket Associations for various districts under BCA. Hence, 30 of the 38 DCAs have appeared praying for being added as parties respondents to the instant writ petition. No other DCA has appeared contesting the claims of the aforesaid 30 DCAs. The DCAs represent each of the districts and are constituents of BCA, as according to the Rules they elect the Management Committee of the BCA along with life members of BCA. In the said circumstances, the aforesaid 30 in-tervenors-applicants are necessary parties to this writ petition as the life members have already been impleaded as respondent Nos. 7 to 12 at the instance of respondent No. 5. Accordingly, the aforesaid two interlocutory applications bearing LA. No. 2570 of 2011 and LA. No.3436 of 2011 are allowed and all the 30 applicants - DCAs are directed to be impleaded as respondent Nos. 13 to 42 to this writ petition.
7. I.A. No. 3026 of 2011 has been filed by the Association of Bihar Cricket through its Secretary Sri Mithilesh Tiwari for being added as intervenor-respondent in the instant writ petition. Learned counsel for the intervener had submitted that I. G. Registration, Govt. of Bihar had cancelled the registration of BCA vide order dated 12-12-2008, but the said order was set aside by the Member, Board of Revenue vide order dated 29-4- 2009 passed in Appeal No. 57 of 2009 filed by the BCA. He also stated that against the appellate order CWJC No. 6650 of 2009 was filed which was referred to Division Bench where it is pending along with LPA No. 425 of 2010, CWJC No. 13668 of 2009, CWJC No. 6652 of 2009, CWJC No. 6650 of 2006, CWJC No.7117 of 2009, C
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