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HIGH COURT OF KERALA
P.V.ASHA, J
SANTHOSH KARUNAKARAN – Appellant
Versus
OMBUDSMAN CUM ETHICS OFFICER – Respondent
WP(C)/28478/2020
Cricket - Ombudsman Orders - 22 of the Tranvancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 - The court interpreted the need for the petitioner to implead necessary parties as directed by the Ombudsman. The dismissal of the writ petition highlighted the importance of following procedural requirements, particularly in the context of reform recommendations from the Lodha Committee.
Fact of the Case:
The petitioner, a former cricketer, filed a writ petition against the Ombudsman's orders, claiming that the KCA was not implementing reforms as per the Lodha Committee. The Ombudsman dismissed his application due to petitioner's failure to implead necessary parties as directed during earlier hearings.
Finding of the Court:
The court noted the Ombudsman’s findings that the petitioner had not taken necessary steps to implead the District Associations, which were essential for proper adjudication of the matter. The court confirmed the Ombudsman’s decision to dismiss due to non-compliance.
Issues: The main issue was whether the petitioner, who is not a member of the KCA or any affiliated association, had the locus standi to challenge the Ombudsman’s rulings.
Ratio Decidendi: The court ruled that only members of an association could initiate amendments to its bye-laws and that the petitioner did not comply with the Ombudsman's procedural directives regarding necessary party impleadment.
Final Decision: The writ petition was dismissed.
JUDGMENT
The Writ Petition is filed challenging Exts.P11 and P13 order passed by the Ombudsman cum Ethics Officer of the Kerala Cricket Association.
2. The petitioner claims to be a former Ranji Trophy Cricketer, who continues to be actively involved in the game of cricket in various capacities. He along with one Adv.P.J.Thomas had filed Ext.P1 O.A.No.10/2019 before the 1st respondent seeking the following reliefs:
“a. Frame a model byelaw to be implemented in all the Districts of the State in terms of the model Byelaw recommended by the Lodha Committee and adopted by the Board of Control for Cricket in India;
b. Direct the Kerala Cricket Association to implement the Byelaw as framed by this Hon'ble Forum in all the District units under the Kerala Cricket Association.
c. Direct the Kerala Cricket Association to conduct elections by ensuring representation from each district under the Kerala Cricket Association strictly in confirmity with the byelaws framed by this Hon'ble Forum.
d. Grant such other reliefs deemed fit to this Hon'ble Ombudsman.”
3. It is stated that the Kerala Cricket Association ('KCA' for short) raised a preliminary objection with respect to non joinder of parties and requested for a hearing on the same. It is stated that as per Ext.P2 order dated 02.08.2019, the 1st respondent rejected the said objection observing the following:
“2. If all the District Associations in the State were to be impleaded after notice to them, it may entail unnecessary delay. Hence, it was suggested to the learned counsel for the KCA that the KCA can give through their websites to all District Associations in the form of the Amended Bye Law of the BCCI (as given by the applicants in this O.A) and the existing Common Bye Law as appended to the former Bye Law of the KCA found in the Blue Book and invite their suggestions/views to be furnished on or before 16.09.2019 and thereafter, the KCA can submit before this forum in a tabular form incorporating the suggestions/views of the District Associations as also of the KCA so as to enable this Forum to finalise the Model Common Bye Laws uniformly applicable to all District Cricket Associations. Advance copy of the tabular form shall be furnished by the KCA to the applicants before filing the same. Call on 20.09.2019 at 2pm for further hearing.”
4. It is stated that on 20.09.2019, it was adjourned to 30.09.2019 since the counsel for the KCA was not ready. By another proceedings Ext.P4 of the very same date, it is stated that the counsel for the KCA requested for a fortnight's time to collect the views of the District Associations and the clubs under them in view of the forthcoming annual general body meeting scheduled on 11.10.2019. The case was thereafter posted to 29.10.2019. While so, there was a change in the office of the Ombudsman and the matter was listed thereafter before the new Ombudsman on 13.02.2020, 25.02.2020 and 10.03.2020 respectively. The petitioner submits that on 13.02.2020 and on 25.2.2020, the matter was adjourned due to nonavailability of the counsel for the petitioner and that on 10.03.2020, the Ombudsman adjourned the matter in order to study the file. It is the further case of the petitioner that the applicant had been sending reminders thereafter from 25.5.2020 to 28.9.2020 for taking up the matter through video conferencing as the elections were due for the District Cricket Associations and the recommendations of the Lodha Committee were to be made applicable before that. It is stated that Exts.P6, P7 and P8 e-mails were sent requesting for the same and finally as per Ext.P9 e-mail, the petitioner was informed from the office of the Ombudsman that the matter was listed for final hearing on 3.10.2020. The Ombudsman dismissed the O.A on that day as per Ext.P11 order stating that petitioners did not take any steps to implead the affected parties despite directions in the orders dated 13.02.2020, 25.02.2020 and 10.03.2020. The petitioner has stated the following in paragraph
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