1. Election challenge — Membership induction — Voters list challenge — Cricket association governance. (Para 2 )
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2026 Supreme(Online)(Bom) 341
HIGH COURT OF BOMBAY
HON'BLE THE CHIEF JUSTICEHON'BLE SHRI JUSTICE GAUTAM A. ANKHAD
LATUR DISTRICT CRICKET ASSOCIATION THR PRESIDENT KAMLESH THAKKAR – Appellant
Versus
THE ELECTORAL OFFICER MAHARASHTRA CRICKET ASSOCIATION AND ORS – Respondent
WP/44/2026
Advocates:
For the Appellants/Petitioners: Vineet Naik, Sukand Kulkarni, Sandeep S. Salunkhe, Vishwajeet Sawant, Venkatesh Dhond, Rohan Kelkar, Abhinav Chandrachud, Janay Jain, Vinayak Chitale, Srishti Magdum
For the Respondents: Huzefa Ahmadi, Mustafa Doctor, Amjith M. Anand, Dewang Mhatre, Rohan D. Kaiche, Abhishek Manu Singhvi, Dixita Gohil, Yash S. Vijay, Pranjai Agarwal, Shweta Surana, Jatin Patil, Shikhar Agarwal, Sharan Jagtiani, Gaurav Mehta, Neha S. Bhide, Kavita N. Solunke, G.R. Raghuwanshi, O.A. Chandurkar
For the Appellants/Petitioners: Vineet Naik, Sukand Kulkarni, Sandeep S. Salunkhe, Vishwajeet Sawant, Venkatesh Dhond, Rohan Kelkar, Abhinav Chandrachud, Janay Jain, Vinayak Chitale, Srishti Magdum
For the Respondents: Huzefa Ahmadi, Mustafa Doctor, Amjith M. Anand, Dewang Mhatre, Rohan D. Kaiche, Abhishek Manu Singhvi, Dixita Gohil, Yash S. Vijay, Pranjai Agarwal, Shweta Surana, Jatin Patil, Shikhar Agarwal, Sharan Jagtiani, Gaurav Mehta, Neha S. Bhide, Kavita N. Solunke, G.R. Raghuwanshi, O.A. Chandurkar
Writ courts can exercise jurisdiction under Article 226 to stay election processes despite alternative remedies if the induction of members into the electoral college is prima facie arbitrary, lacks transparency, and violates principles of natural justice, thereby threatening the purity of the election.
Headnote:(A) Constitution of India - Articles 14 and 226 - Writ jurisdiction - Availability of an alternative efficacious remedy is no absolute bar to the exercise of high prerogative writ jurisdiction, particularly where allegations of gross illegality or breach of natural justice are present. (Paras 17, 20)
(B) Public Trust Act - Section 30A - Legal framework regarding the expiry and re-appointment of tenure trustees. (Para 11)
(C) Natural Justice - Transparency in organizational governance - The induction of a large volume of members shortly before an election, in the absence of a clear agenda, proper notice, and disclosure of minutes, is prima facie arbitrary and violates the right to a fair process. (Paras 18 and 19)
Facts of the case:
Petitioners challenged the admission of approximately 400 new members to a sports association's voter's list prior to the elections. They alleged that the process was clandestine, lacked transparency, and involved the induction of individuals related to current office bearers without proper general body authorization or required statutory permissions. The association contended that the admissions were within existing categories and did not constitute a constitutional amendment.
Findings of Court:
The court observed that the large-scale admission of members just two months before the publication of the election schedule, conducted without publishing minutes or providing a clear agenda, suggested a rushed and arbitrary process. It found that the purity of the election process was compromised as stakeholders were deprived of an effective opportunity to object to the voter's list.
Issues: Whether the induction of a substantial number of new members without following transparency protocols and providing due notice constitutes an arbitrary action that warrants judicial interference. Whether the writ court can stay an election process despite the potential for a subsequent election petition.
Ratio Decidendi: The power of the writ court under Article 226 is extensive and can be used to prevent the perpetuation of illegality in election matters, especially when the balance of convenience favors the petitioners and irreparable loss may occur. Compliance with the rules of natural justice is mandatory for the legitimacy of the electoral college.
Result: Direction to the Electoral Officer not to proceed with the election scheduled on 6th January 2026 without leave of the Court or till the next date of hearing.
Legal Category Hierarchy
- administrative law
- sports law
- practice and procedure
Table of Contents
2. Petitioners allege illegal, arbitrary induction of members; respondents defend procedure and deny constitutional amendment. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 )
3. Prima facie, hasty induction of members without proper notice, opportunity, or compliance with rules raises serious questions. (Para 18 , 19 , 20 )
4. Availability of alternative remedy does not bar writ jurisdiction; election process can be interdicted for illegality. (Para 17 , 20 )
5. Election process stayed; further proceedings to not continue without leave of court or next hearing. (Para 21 )
6. Can a writ court interfere in election matters despite availability of alternative remedy?
Yes, the existence of an alternative remedy does not bar the High Court's writ jurisdiction under Article 226 of the Constitution, especially if the election process is vitiated by illegality. (Para 17 )
7. Does admission of members within existing categories constitute a constitutional amendment?
No, merely increasing the number of members within existing categories recognized under the Memorandum of Association does not amount to a constitutional amendment requiring 3/4th majority or approval. (Para 16 )
8. What is required for admission of new members to satisfy natural justice?
The process must provide existing members real opportunity to raise objections, including access to minutes and a reasonable timeline for objections. (Para 18 , 19 , 20 )
Per, SHREE CHANDRASHEKHAR, CJ:
In these Writ Petitions, the petitioners have questioned the admission of about 400 new members in the Maharashtra Cricket Association (in short “MCA”). They are seeking interference with the elections to the MCA published on 23rd December, 2025. They have also challenged the draft Voters List dated 25th December,2025 and the final Voters List published on 29th December, 2025.
2. In Writ Petition No.43 of 2026, the petitioner claims that he is a former International cricket player and a life member of the Maharashtra Cricket Association (in short “MCA”). He seeks quashing of the elections of the MCA for the year 2026-29. He also challenges the inclusion of about 400 members of the MCA in the Draft Voters list published on 25th December 2025. According to the petitioner, the Chief Executive Officer (in short “CEO”) of the MCA lacks the requisite management experience of five years in a reputed organization as provided under Rule 23(1) of Chapter V of the Rules and Regulations of the MCA. In Writ Petition (St) No.29 of 2026, the petitioner who is a life member of the MCA has alleged illegal, arbitrary and flagrant violation of the Memorandum of Association and the Rules and Regulations of the MCA. The petitioner states that the addition of the new members in the MCA after 26th December 2022 is void-ab-initio and non-est. He seeks quashing of all decisions and resolutions and actions of the respondents pertaining to inclusion of the new life members of the MCA. In Writ Petition No.44 of 2026 filed by the Latur District Cricket Association through its President Mr. Kamles Thakkar, a similar challenge has been laid to the election schedule uploaded on the website of the MCA on 23rd December 2025 and addition of about 400 new members in the draft list published on 25th December 2025. The Civil Writ Petition No.112 of 2026 has been filed by Shikshana Prasarak Mandali’s Sir Parashurambhau College, Pune to challenge the final voters list dated 29th December 2025 and the entire election program published on 23rd December 2025. The petitioner states that no notice was served upon it as to convene a general body meeting. The petitioner alleges that no prior permission of the Charity Commissioner was taken before inducting new members of the MCA. According to the petitioner, no Annual General Body meeting was convened for the purpose of holding the elections and he was not supplied copy of the minutes of the Apex Council, Annual General Body or the Special General Body.
3. Mr. Vineet Naik, the learned senior counsel submitted that the admission of about 400 new members in the MCA would amount to changing the Constitution of the MCA. The process adopted by the MCA for admitting about 400 members in the MCA was arbitrary, illegal and contrary to the Rules and Regulations. Mr. Vineet Naik, the learned senior counsel referred to a chart appended with the writ petition and submitted that a large number of new members have been admitted to the MCA who are related to the present incumbents of the MCA or are businessmen etc. who have nothing to do with the game of cricket. Mr. Vishwajeet Sawant, the learned senior counsel in Writ Petition No.44 of 2026 contended that the whole process of admission of about 400 new members smacks of illegality and arbitrariness. More than double the number of the existing members have been introduced to the membership of the MCA in a clandestine manner and the entire process is vitiated on account of breach of natural justice.
4. Mr. Venkatesh Dhond, the learned senior counsel submitted that there is a procedure prescribed in law for convening a meeting which must be followed. There is a mandatory requirement that formal notice or agenda on the subject is given and under the heading of “General Business” or with the permission of the Chair a matter of crucial importance cannot be taken up. The learned senior counsel referred to a decision of this Court in “Kedar Shivkumar Kale v. Diga
