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2024 Supreme(Online)(AP) 20092
HIGH COURT OF ANDHRA PRADESH
K MANMADHA RAO, J
THE CHITTOOR DISTRICT CRICKET ASSOCIATION – Appellant
Versus
THE STATE OF AP – Respondent
WP 15210/2023
N BHARAT BABU, GP FOR TOURISM(AP), N RAVI PRASAD, K KRISHNABUSHANCHOWDARY
The induction of social clubs as full members with voting rights in a cricket association violates the 'one District - one vote' principle and the recommendations of the Justice Lodha Committee.
Headnote:(A) Constitution of India - Article 226 - Cricket Association Regulations - The writ petition seeks to declare the induction of social clubs as full members with voting rights in violation of the Justice Lodha Committee recommendations and the Supreme Court's order in Board of Control of Cricket in India vs. Cricket Association of Bihar [(2018) 9 SCC 624]. The petitioners argue that the ACA’s action contravenes the recommendation to exclude social clubs from full membership. (Paras 1-2)
(B) Membership Structure - The court examined the membership structure of the ACA, determining that the inclusion of social clubs as full members undermines the 'one District - one vote' principle established by the Lodha Committee. The petitioners contend that allowing such memberships could lead to conflicts of interest and manipulation of elections. (Paras 4-5)
(C) Locus Standi - The court addressed the respondents' claim regarding the petitioners' lack of standing to challenge the elections, asserting that only full members have the right to contest such decisions. (Paras 3, 10)
(D)
Findings of Court:
The court concluded that the ACA’s actions were inconsistent with the Supreme Court's directives and the Lodha Committee's recommendations. (Paras 12) (E)
Result: The writ petition is closed without any orders as to costs.
ORDER:
This writ petition is filed under Article 226 of the Constitution of India for the following relief:
“……to issue a writ or direction more particularly a writ of Mandamus To declare the action of the 3rd respondent in inducting the social clubs as Full members with voting rights under Regulation 3aiiD of the ACA regulations as illegal improper and contrary to recommendations of the Justice Lodha committee and order of the Honble Supreme Court of India in Board of Control of Cricket in India vs. Cricket Association of Bihar reported in (2018)9 SCC 624 to declare that the clubs mentioned in Regulation 3(a)(ii)(D) or any other clubs are not eligible to acquire full membership along with voting rights in the 3rd respondent association as per the recommendations of the Justice Lodha committee and order of the Apex Court direct the 2nd respondent to take necessary steps for deletion of social clubs as full members of the ACA 3rd respondent as per Justice Lodha Committee Recommendations or to stop disbursement of funds to the ACA for noncomplaince of the Justice Lodha committee recommendations And pass…”
2. Brief facts of the case are that the 1st petitioner is a District Cricket Association which is a full member of the Andhra Cricket Association (ACA/R- 2). It was illegally kept under suspension from the year 2016. The said suspension was challenged before the Civil court, but it was opposed by the ACA stating that the petitioner shall approach the Ombudsman, therefore, Case No.9/2020 was filed before the Ombudsman. The order of suspension was set-aside on 10.1.2023 by holding that suspension was illegal, arbitrary and vindictive. Aggrieved by the same, WP No.5867/2023 was filed, and this Court has suspended the order of the Ombudsman vide order dated 10.3.2023. It is further stated that the 2nd petitioner is a level-1 Cricket coach recognized by the BCCI and incidentally the present President of the 1st petitioner Association. The 2nd respondent always strived for betterment of cricket and pointed out irregularities in the ACA several times, and was unjustly punished the ACA by imposing life time ban on him from membership and eventually the Learned Ombudsman in Case No.5/2020 by its order dated 21.11.2021 declared that life time ban and expulsion as illegal by holding the said action amounts to harassment. The 2nd petitioner is a former cricket player and presently a coach, and hence interested in better administration of Cricket in the State of AP. He is also the President of Chittoor District Cricket Association. The 2nd petitioner as President of CDCA earlier filed WPNo.26559/2022 seeking several reliefs including disqualification of the President, inclusion of social clubs etc. But the smae was withdrawn with liberty on 14.12.2022.
It is further stated that, in view of the betting scam and irregularities in the affairs and administration of BCCI, the Hon’ble Apex Court in Board of Control of Cricket in India vs. Cricket Association of Bihar & Ors, [ (2015) 3 SCC 251 ], directed appointment of Three-Men Committee headed by Hon’ble Sri Justice R.M.Loda to examine the aspects and submit its report. Thereafter, the Committee has submitted its report on 14.7.2015. Among other issues bothering issues lying in the affairs of the BCCI, the Lodha Committee also came across the issues of membership and structure of BCCI. On examination of the existing structure of the BCCI, the Committee found certain anomalies. The committee found that existence of clubs and individuals as members is cause for several anomalies. Lodha Committee also gave necessary recommendations in order to achieve uniformity in the Constitution and functioning of the various associations and one such recommendation is to divorce the social clubs from the administration of the Cricket.
It is further stated that the Hon’ble Apex Court in a case of Board of Control of Cricket in India vs. Cricket Association of Bihar , [2018(9) SCC 624], while approving the Draft cons
