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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Shashank Mehrotra – Appellant
Versus
Hyderabad Cricket Association – Respondent
ORDER :
NAGESH BHEEMAPAKA, J.
Petitioner seeks to declare the action of the 1st respondent - Hyderabad Cricket Association imposing ban of five years vide letter dated 11.10.2023 on petitioner to play cricket in all formats as arbitrary and against the principles of natural justice. Consequently, a direction is sought to respondents to allow petitioner to participate in the cricket tournaments hosted by the 1st respondent - Association.
2. The brief case of petitioner is that he is representing the 2nd respondent - Club and also India-D team in U-19 one day challenger in 2021-22 and also India-B team in U-19 triangular series. While matter stood thus, the 1st respondent lodged a report with the Police, Uppal under Rachakonda Commissionerate who registered Crime No. 1134 of 2023 for the offences under Sections 417, 468, 471, 474 read with Section 34 of IPC on 09.10.2023. In the said crime, petitioner obtained Anticipatory bail from this Court on 17.11.2023. The basis for the 1st respondent Association to suspend/impose ban on petitioner is the report given by the Commissioner of Police dated 07.10.2023.
3. The Chief Executive Officer of the 1st respondent filed counter to the Writ Petit
The imposition of a ban by the CEO of the Hyderabad Cricket Association was arbitrary and violated principles of natural justice due to lack of authority and procedural adherence.
The imposition of a ban without due process and fair inquiry violates the principles of natural justice and constitutional rights under Articles 14 and 21.
A ban imposed on a player without proper inquiry and notice violates natural justice and is deemed arbitrary and illegal.
The court ruled that unilateral appointments by office bearers of a sports association violate governance rules, necessitating collective decision-making by the Apex Council.
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