2024 Supreme(Online)(TEL) 14117
THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.10137 of 2024
ORDER:
This writ petition is filed seeking a Writ of Mandamus, declaring the action of respondent authorities in not allowing the peititoner to maintain the state of affairs of Hyderabad Bottling Cricket Club as Secretary, not allowing him to attend AGMs, not issuing ID cards and also not sending all further communication / correspondence to him with regard to Hyderabd Cricket Association without assigning any reasons in spite of submitting representation dated 29.03.2024 as illegal, arbitrary and consequently set aside the same and to direct the respondents to allow the petitioner to continue to maintain the state of affairs of Hyderabad Bottling Cricket Club as Secretary by allowing him to attend AGMs, issuing ID cards, and also sending all further communication / correspondence to him with regard to Hyderabad Cricket Association by following the previous procedure and to pass such other order as this Hon’ble Court may deem fit.
2. Brief facts of the case are that the Hyderabad Bottling Cricket Club is an affiliated Club of Hyderabad Cricket Association, and the petitioner has been maintaining the state of affairs of the Club as Secretary for the last 25 years. He is attending all AGMs conducted by Hyderabad Cricket Association, and sponsoring team players and sponsoring the required kits and accessories to the Ranji Trophy team. In the year 1991, the petitioner took more than 125 wickets which is the highest record of HCA, and the petitioner got selected for BCCI Junior State Matches. Hyderabad Bottling Cricket Club has been in the A1 Division 3 day team in the last 8 years and in the year 2022, the petitioner’s club players have been in the champions of MAK PataudiT20 tiger cup. As the responsible Secretary of Hyderabad Bottling Cricket Club, the petitioner is paying every year league fee through the Club Account and attending all AGM meetings which are conducted by the Hyderabad Cricket Association. The petitioner is eligible member of HCA and also eligible to participate in the election and notification was issued by the Single Member Committee and the petitioner filed his nomination for the post of Joint Secretary and Vice President on 16.10.2023 under Serial No.125 in the election list. The petitioner received a letter dated 19.01.2024 from the Secretary of the HCA to play the role of Broadcast Liaison Officer for Test Match between India versus England 2023-24 and the petitioner acted as Broadcast Liaison Officer for Test Match. The HCA sent notice to the petitioner to attend the Annual General Body Meeting held on 18.02.2024. When the petitioner went to attend the meeting on 18.02.2024, the HCA has not issued ID card, and not allowed the petitioner to attend AGM and not allowed to maintain the state of affairs of the Hyderabad Bottling Cricket Club, and this is clear violation of by-laws of the HCA.
2. Learned counsel for the petitioner and the respondents made elaborate submissions. Learned counsel for the petitioner submits that they have made a representation earlier before the Hyderabad Cricket Association but no orders were passed.
3. With the consent of both the parties, this writ petition is disposed of permitting the petitioner to file a fresh representation before the Hyderabad Cricket Association; and the respondents shall consider the same and pass appropriate orders in accordance with law within a period of two weeks from the date of receipt of a copy of this order. No costs. Miscellaneous petitions, if any pending, shall stand closed.
___________________________________ JUSTICE NAGESH BHEEMAPAKA
10th June, 2024 ksm