Writ petitions challenging orders of private club arbitrators are not maintainable under Article 226 of the Constitution, especially when disputes are private and involve delay in asserting rights.

ORDER :

Nagesh Bheemapaka, J.

1. Challenging the Order dated 14.06.2024 passed by the Ethics Officer and Ombudsman Additional Charge of Hyderabad Cricket Association in Case No. 1 of 2024, present Writ Petition was filed seeking a mandamus to declare the said order as not according to law, illegal and arbitrary.

2. Heard Sri Sharad Sanghi, learned counsel for petitioner, Sri M. Hareesh Kumar, learned counsel for the 1st respondent - Hyderabad Cricket Association and Sri Zeeshan Adnan Mahmood, learned counsel for the 2nd respondent.

3. The 2nd respondent filed counter and petitioner filed a rejoinder to the same. With the consent of all the parties, the Writ Petition is taken up for final disposal at the admission stage.

4. The case of petitioner Association is that their Society was registered in 2006 and is affiliated to Hyderabad Cricket Association. They paid annual fees for 2008, 2009, 2010 and 2011 and its Secretary Srinivas Chakravarthy has also been provided with Identity Card to attend SGM in 2011 and AGM in 2014. It is further their case that an OP. bearing S.O.P. No. 587 of 2011 was filed before the Principal District Judge, Nalgonda under Section 23 of the Societies Registration Act by the 2nd respondent against the 1st respondent and the same was dismissed and this fact was also stated by Hyderabad Cricket Association in their counter filed in Writ Petition No. 19766 of 2021. The Ethics Officer and Ombudsman Addl. Charge of Hyderabad Cricket Association, without considering these facts, wrongly allowed Case No. 1 of 2024 in favour of the 2nd respondent vide order dated 14.06.2024, which is subject matter of challenge in this Writ Petition.

5. The 1st respondent supported the Order of the Ethics Officer and Ombudsman Additional Charge and stated that Writ Petition is not maintainable and is liable to be dismissed.

6. The 2nd respondent filed a detailed counter stating inter alia that Writ Petition is not maintainable in view of the law laid down by the Division Bench of this Court in Writ Appeal No. 476 of 2021, dated 27.09.2021. On facts, the 2nd respondent stated that it was registered in 1985 and is affiliated to Hyderabad Cricket Association. In 2010, one Mr. Shankar Rao started to claim as Secretary of the 2nd respondent Association, as such, an OP was filed by the 2nd respondent before the Principal District Judge Nalgonda. During pendency of the said O.P., the office bearers of Hyderabad Cricket Association called both Shankar Rao and Secretary of the 2nd respondent Syed Ameenuddin to the office of the 1st respondent and asked them to amicably settle the matter. Accordingly, Shankar Rao gave up his claim in favour of Mr. Syed Ameenuddin, who was recognized as Secretary. In support of its claim, the 2nd respondent filed subscription receipts from 2015 onwards till 2024. The Respondent No. 2 has also filed various identity cards permitting him to attend meetings from 2016, 2018, 2021, etcetera.

7. The 2nd respondent further stated that in 2018, out of the blue, Srinivas Chakravarthy under whom petitioner claims, made a claim that he was the Secretary of the 2nd respondent Club. Mr. Syed Ameenuddin as Secretary of the 2nd respondent approached the Ombudsman and Ethics Officer by filing Case No. 11 of 2018. The then Ombudsman and Ethics Officer Justice Narsimha Reddy (Retd.) passed three Orders in favour of the 2nd respondent dated 16.02.2018, 08.03.2018 and 07.04.2018. The then Ombudsman vide Order dated 16.02.2018, categorically directed that Srinivas Chakravarthy shall not be permitted to represent Nalgonda District Cricket Association and further left it open to Hyderabad Cricket Association to verify the records and decide after proper verification as to who should represent Nalgonda District Cricket Association. The 1st respondent - Hyderabad Cricket Association based on the Order of the Ombudsman and subsequent Orders dated 08.03.2018 and 07.04.2018 recognized Syed Ameenuddin as rightful representative of Nalgonda