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2022 Supreme(Online)(KER) 28127
HIGH COURT OF KERALA
N. NAGARESH, J
DEVANANDAN M.C. – Appellant
Versus
THE BOARD OF CONTROL FOR CRICKET IN INDIA (BCCI), REP. BY ITS SECRETARY – Respondent
WP(C)/27587/2022
SRI.SUNIL V.MOHAMMED SRI.MANOJ N.SMT.AJITHA APPU SMT.M.S.NEETHUMOL SRI.AADIL SHAH A.S. SRI.ABHILASH K.N.-R2 SRI.SUNIL NAIR PALAKKAT(K/1049/1999)-R2 SRI.M.A.AHAMMAD SAHEER(K/829/2013)-R2 SRI.RITHIK S.ANAND(K/001899/2021)-R2 SMT.ANU PAUL(K/002201/2021)-R2 SMT.SREELAKSHMI MENON P.(K/001252/2022)-R2 SRI.SUNIL SHANKAR FOR R1
District Cricket Associations can operate under previous bye-laws until new governing norms are established by the higher regional cricket authority.
Headnote:
Elections - Cricket Associations - Board of Control for Cricket in India - Article 19(1)(c) - Supreme Court rulings mandating structural reforms in cricket governance influence District Cricket Association elections.
Fact of the Case:
Petitioners, office bearers of cricket clubs, challenged the conduct of elections in a District Cricket Association followed previous bye-laws instead of new rules established after the Lodha Committee recommendations, which mandated significant governance reforms.
Finding of the Court:
The court found that the revised bye-laws and regulations under the new Memorandum of Association were not binding on District Cricket Associations until the higher governing body established specific rules for them, thus allowing the old bye-laws to prevail.
Issues: Whether the elections to the District Cricket Associations should be conducted according to the new rules established following the Lodha Committee recommendations or the old bye-laws.
Ratio Decidendi: The court ruled that until explicit new regulations for District Cricket Associations were adopted by the Kerala Cricket Association, the old bye-laws remained applicable for conducting elections.
Final Decision: The writ petition is dismissed.
JUDGMENT
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Whether elections to the District Cricket Associations are to be conducted following the direction given by the Hon'ble Apex Court in the judgment inBoard of Control for Cricket in India and others v. Cricket Association of Bihar and others [(2018) 9 SCC 624] and the report submitted by Mr. Justice R.M. Lodha Committee, is the issue arising for consideration in this writ petition.
2. The petitioners are office bearers of Cricket Clubs functioning in Kannur District. The 1st respondent is the Board of Control for Cricket in India (BCCI) and the 2nd respondent is the Kerala Cricket Association (KCA). The 3rd respondent-Cannanore District Association (CDA) is a District Cricket Association (DCA) affiliated to the 2nd respondent-KCA which in turn is affiliated to the 1st respondent-BCCI.
3. The petitioners submit that the Hon'ble Apex Court has issued various orders from time to time in tune with the recommendations made by Justice R.M. Lodha Committee appointed by it, suggesting drastic changes in the administration, finance, qualification of the office bearers, their tenure, etc. The Apex Court has directed to incorporate these suggestions in the bye-laws of the BCCI as well as of the State Cricket Associations and the 2nd respondent-KCA has filed an affidavit dated 01.03.2017 in the Apex Court stating that it has adopted the recommendations of Justice R.M. Lodha Committee.
4. The petitioners state that Ext.P1 was the old Memorandum of Association of the KCA and Ext.P2 is the common bye-laws for District Cricket Associations framed by the KCA. As per Clause 31A of Ext.P2 common bye-laws, the following office bearers and Members of the Executive Committee of the Association shall be elected in the manner specified in the election procedure framed by the State Association from time to time.
1. President.
2. Four Vice Presidents.
3. Honorary Secretary.
4. Honorary Joint Secretary.
5. Honorary Treasurer.
6. Honorary Assistant Secretary.
7. Two representatives to the Kerala Cricket Association.
8. One representative to the District Sports Council.
9. Five representatives to the executive committee from among the permanent member clubs.
The quorum for General Body Meeting shall be 1/3rd of the number of Members on the rolls. An office bearer of the Association shall hold office as such for one or more terms of four years each on obtaining a simple majority of votes of the members present and voting in the election. No office bearer of the Association shall hold offices of any other State Level or District Level Sports Association simultaneously.
5. The petitioners state that after adopting the recommendations made by Justice R.M. Lodha Committee, the 2nd respondent-KCA has published Ext.P4 revised Memorandum of Association and Rules and Regulations. According to the petitioners, the DCAs being mirror images and affiliated units of the KCA, are bound to adopt Ext.P4. The DCAs need only to affiliate as full Members of the SCAs and no separate registration and bye-laws for the DCAs are provided in Ext.P4.
6. According to the petitioners, as Ext.P4 is applicable to all DCAs under the 2nd respondent, the office bearers and Executive Committee to be elected have been reduced to the President, Vice President, Secretary, Joint Secretary and Treasurer (5 Member Committee). As per Ext.P4, the term of an office bearer shall be three years and no person shall be office bearer for more than three terms. A person, who has held any post for two consecutive terms, shall not be eligible to contest any further election without completing a cooling off period of three years and the age limit for being an office bearer is 70 years.
7. The 3rd respondent-Cannanore District Association issued Ext.P7 notice dated 08.08.2022 calling for Annual General Body Meeting of the Association and election of its new office bearers on 21.08.2022. In Ext.P7, it has been stated that the Blue Book (Exts.P1 and P2), which stands revoked after Ext.P4, will be follo
