Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
In some cases, courts have entertained writ petitions against Ombudsman orders when the authority acted beyond its jurisdiction or refused to exercise jurisdiction, or when the order affects public rights or functions. ["THE COMERCIAL TAXES CRICKET CLUB vs THE STATE OF TELANGANA - Telangana"], ["Nalgonda District Cricket Association vs The Hyderabad Cricket Association - Telangana"]
Analysis and Conclusion:
References:- ["THE COMERCIAL TAXES CRICKET CLUB vs THE STATE OF TELANGANA - Telangana"]- ["Nalgonda District Cricket Association VS Hyderabad Cricket Association - 2024 0 Supreme(Telangana) 1023"]- ["MODERN CRICKET CLUB TH SUDERSHAN MEHTA vs BOARD OF CONTROL FOR CRICKET IN INDIA (BCCI) TH ITS SECRETARY MUMBAI AND OTHERS - Jammu and Kashmir"]- ["Nawal Kishore Singh Son of Late Alakh Narain Singh vs State of Bihar through the Principal Secretary, Prohibition, Excise and Registration Department - Patna"]- ["Men and Women Cricket Association - Andhra Pradesh"]- ["Sardar Daljeet Singh vs The State of Telangana - Telangana"]- ["Charminar Cricket Club VS State of Telangana - Telangana"]- ["SANJIVE NARAIN vs ASSAM CRICKET ASSOCIATION (ACA) AND 3 ORS - Gauhati"]- ["SANJAY GUSAIN AND OTHERS vs CRICKET ASSOCIATION OF UTTARAKHAND - Uttarakhand"]- ["Nalgonda District Cricket Association vs The Hyderabad Cricket Association - Telangana"]
In the dynamic world of sports governance, disputes within cricket associations often lead to orders from ombudsmen or ethics officers. But can these orders be directly challenged via writ petitions under Articles 226 or 227 of the Indian Constitution, especially when alternative remedies are available? This question arises frequently in cases involving state cricket bodies like the Andhra Cricket Association (ACA), Hyderabad Cricket Association (HCA), or Kerala Cricket Association (KCA), registered under Societies Registration Acts.
This blog post delves into the judicial stance on the maintainability of such writs, drawing from key precedents and principles. Note: This is general information based on case law and not specific legal advice. Consult a qualified lawyer for your situation.
A common query is: Can the order of ombudsman for state cricket association be maintainable under Article 226 or 227 when there is an alternative remedy available?
The short answer? Generally, no. Courts typically dismiss such writ petitions if efficacious alternatives like appeals under Section 23 of Societies Registration Acts, internal arbitration, or civil suits exist. Ombudsman orders in these associations function akin to private arbitration for internal disputes, not public duties, making writ jurisdiction discretionary and restrained. Ambati Ramaiah VS Government of Andhra Pradesh represented by its Secretary, Sports, Secretariat Buildings, Hyderabad - 2012 0 Supreme(AP) 396
High Courts exercise caution under Articles 226 (writs) and 227 (supervisory jurisdiction) when statutory alternatives are available. The foundational rule prevents bypassing legislative mechanisms.
For instance, High Court's jurisdiction under Article 226/227 of the Constitution is discretionary and that it would not normally exercise its jurisdiction when an effective and efficacious alternative remedy is available. District Cricket Association VS Deputy Registrar, Cooperative Societies Cum Registrar Institution, Sawaimadhopur - 2019 0 Supreme(Raj) 582 Similarly, during pendency of an appeal under Section 21 of the 1986 Act, a Single Judge was not justified in entertaining a petition under Article 227 merely questioning jurisdiction. Om Prakash Saini VS DCM Ltd. - 2010 5 Supreme 737
This applies to quasi-judicial orders unless exceptions like jurisdictional errors or natural justice violations are evident.
State cricket associations, registered as societies, have internal mechanisms like arbitration clauses (e.g., Rule 58 of ACA) or statutory appeals under Section 23 of the Andhra Pradesh Societies Registration Act, 2001. Writs against ombudsman orders are routinely dismissed.
In one case, writ petitions against the Andhra Cricket Association were not maintainable in view of rule/regulation 58 of the Association containing an arbitration clause and in any view, because of Section 23 of the Andhra Pradesh Societies Registration Act, 2001. Ambati Ramaiah VS Government of Andhra Pradesh represented by its Secretary, Sports, Secretariat Buildings, Hyderabad - 2012 0 Supreme(AP) 396 The Apex Court in BCCI vs. Cricket Association of Bihar directed approaching civil courts under Societies Act provisions, dismissing the writ. V. Durga Prasad VS Andhra Cricket Association - 2022 0 Supreme(AP) 146
Likewise, for HCA Ethics Officer orders, akin to private club arbitration, writs are not maintainable for private disputes, especially with delay. Nalgonda District Cricket Association VS Hyderabad Cricket Association - 2024 0 Supreme(Telangana) 1023
Even in Bihar Cricket Association (BCA) matters, courts declined writs for internal misconduct disputes, noting BCA's rules lack statutory character and disputes fall under private law: BCA is not a 'State' within meaning of Article 12... Court declined to entertain this writ petition under Article 226... with liberty to seek remedy under ordinary course of law before Civil Court. Kumar Arvind, Son of Mr. Harshu Singh VS Bihar Cricket Association through its President - 2022 Supreme(Pat) 252
Article 227 provides supervisory, not appellate, power: Writ of certiorari – Available only to remove or adjudicate on the validity of judicial acts – Not an appellate but supervisory jurisdiction. Sh Jogendrasinhji Vijaysinghji VS State of Gujarat - 2015 5 Supreme 134
Discretion allows entertaining writs despite alternatives, but narrowly: Court should invariably entertain a writ petition under Article 226... existence of an alternate statutory remedy is not a bar... it is for the learned Single Judge, in his discretion. Mohammed Azharuddin VS G. Vivekanand - 2018 0 Supreme(AP) 256 However, unclean hands lead to dismissal, as in KCA Ombudsman cases. Devanandan M. C. VS Board of Control For Cricket In India (BCCI) - 2022 0 Supreme(Ker) 860
While cricket bodies like BCCI may not be 'State' under Article 12, they can face writs under Article 226 for public functions: while the BCCI may not be a State under Article 12... it is certainly amenable to the writ jurisdiction under Article 226... the rationale lies in the 'nature of duties and functions'. Sardar Daljeet Singh vs State of Telangana - 2025 Supreme(Telangana) 359
In HCA governance disputes, unilateral appointments violated bye-laws, and writs succeeded as HCA discharges public functions. Sardar Daljeet Singh vs State of Telangana - 2025 Supreme(Telangana) 359 Yet, for ombudsman/internal ethics orders, courts prioritize private remedies over writs.
In JKCA, arguments for writ maintainability due to 'quasi public function' were raised but contextually limited. SANJAY SARAF vs JAMMU AND KASHMIR CRICKET ASSOCIATION TH.ITS MEMBER ADMINISTRATION AND OTHERS - 2025 Supreme(Online)(J&K) 1754 Similarly, BCA ombudsman challenges invoked writs, but internal nature prevailed. Kumar Arvind, Vs The Bihar Cricket Association
Courts may intervene despite alternatives in:- Lack of inherent jurisdiction;- Fundamental rights enforcement;- Natural justice violations; or- Vires challenges. Satwati Deswal VS State of Haryana - 2009 7 Supreme 229
However, for cricket ombudsman orders involving private disputes, no public duty triggers routine writs. Delay or laches also bars relief. Nalgonda District Cricket Association VS Hyderabad Cricket Association - 2024 0 Supreme(Telangana) 1023
Aggrieved parties should:1. Exhaust internal remedies like Section 23 appeals or arbitration.2. File civil suits for enforcement.3. Approach writ courts only with strong evidence of jurisdictional error or natural justice breach, ensuring clean hands.
Recognize ombudsmen's arbitral role in cricket associations for efficient dispute resolution.
In summary, ombudsman orders in state cricket associations are typically not maintainable under Articles 226/227 if alternatives exist, upholding judicial restraint. This framework promotes internal governance while reserving writs for grave injustices.
The case of Respondent No. 2 HCA is that a Writ under Article 226 of the Constitution is not maintainable against the Orders passed by the Ombudsman of the Hyderabad Cricket Association. ... Hyderabad Cricket Association, categorically held that a Writ Petition could not lie against an Order passed by the Ombudsman of the Hyderabad Cricket Association as the Order#HL_EN....
For the reasons aforesaid, it is held that Writ Petition under Article 226 of the Constitution of India is not maintainable before this Court against the impugned order of the Ethics Officer and Ombudsman Addl. Charge of the Hyderabad Cricket Association. 19. ... The 1st respondent - Hyderabad Cricket Association based on the Order of the Ombudsman and subsequent Orders dated 08.03.2018 and 07.04.....
Wherever Courts have intervened in their exercise of jurisdiction under Article 226, either the service conditions were regulated by the statutory provisions or the employer had the status of “State” within the expansive definition under Article 12 or ... this court cannot exercise its extraordinary jurisdiction under Article 226 of the constitution of India. ... The paragraphs 75.1 &, 75.2 of the said judgment are reproduced herein, thus: “(75.1) An application under Article....
(2005) 4 SCC 649 , the Hon’ble Supreme Court proceeded to hold that the BCCI cannot be held to be a State for the purpose of Article 12 of the Constitution and consequently the writ petition filed under Article 226 of the Constitution of India was not maintainable and the ... India, the Hon’ble Supreme Court proceeded to hold that though the BCCI may not be a State under Article 12, but is certainly amenable to writ jurisdiction under Article #HL_STA....
action; while the BCCI may not be a State under Article 12 of the Constitution, it is certainly amenable to the writ jurisdiction under Article 226 of the Constitution of India. ... the writ jurisdiction of the High Court under Article 226 even though it is not a 'State' within the meaning of Article 12: the rationale lies in the "nature of duties and functions" which the BCCI performs; BCCI has a complete sway over the game of cricket#HL_E....
Therefore, merely because the Ombudsman has taken a decision will not entitle the petitioner to challenge the removal order by filing a writ petition under Article 226 of the Constitution. ... Pradesh High Court was amendment of the Rules, therefore, the question whether the Cricket Association of Andhra Pradesh is ‘State’ within meaning of Article 12 or not was not considered at all in that judgment. ... of this petition under Article#HL_E....
For the reasons aforesaid, it is held that Writ Petition under Article 226 of the Constitution of India is not maintainable before this Court against the impugned order of the Ethics Officer and Ombudsman Addl. Charge of the Hyderabad Cricket Association. 19. ... The 1st respondent - Hyderabad Cricket Association based on the Order of the Ombudsman and subsequent Orders dated 08.03.2018 and 07.04.....
He has submitted that this writ application under Article 226 of the Constitution of India is maintainable against the impugned action of the Ombudsman. ... The Ombudsman, Bihar Cricket Association, Shail Raj Complex, Budha Marg, Patna-800001. ... ... ... law or a writ petition under Article 226 of the Constitution. ... CAB (1) that even when BCCI was not ‘State’ within the meaning of Article#H....
He has submitted that this writ application under Article 226 of the Constitution of India is maintainable against the impugned action of the Ombudsman. He has placed reliance on the Supreme Court’s decision in case of BCCI vs. ... under Article 226 of the Constitution of India. ... CAB (1) that even when BCCI was not ‘State’ within the meaning of Article 12 of the Constitution, it was amenable to the writ jurisdiction of the Court under Ar....
Danish Majid Dar, learned counsel appearing for the petitioner has argued that since impugned order has been passed by a person purporting to act as “Ombudsman JKCA” a quasi public function, the petition, in the present form, under Article 226 of the Constitution of India, is maintainable. ... Petitioner is aggrieved of order dated 19.03.2025, passed by “Ombudsman J&K Cricket Association” [„JKCA‟, for short], vide which, respondent....
The types of disputes/differences that form the Ombudsman’s ambit and the procedures for redressal are: (a) Member, Association & Franchisee Disputes Both parties would submit their arguments and a hearing would be conducted following the principles of natural justice and exercising all powers of enquiry and hearing as the Ombudsman deems fit before appropriate orders are passed. Any disputes between or among the ACA, its Members, APL Franchisees, zones and the Cricket Players’ Association shall be automatically referred to the Ombudsman.
Now the question arises for consideration is: whether a Letters Patent Appeal against an order passed under Article 226 and/or under Article 227 is maintainable or not, and, whether such a right can be curtailed without any express provision under the statute.
Now the question arises for consideration is: whether a Letters Patent Appeal against an order passed under Article 226 and/or under Article 227 is maintainable or not, and, whether such a right can be curtailed without any express provision under the statute.
Bhaya for the Petitioner – PGVCL that if there is any dispute between the ‘consumer and consumer’, the matter may go to the consumer forum, and if there is a dispute between the ‘Consumer and the Licensee’ it can be decided by the Electricity Ombudsman in an Appeal under Section 42(5) of the Electricity Act and accordingly it has been decided. Therefore, the moot question, which is required to be considered is whether the order passed by the Ombudsman in Case No. 116 of 2014 calls for any interference in exercise of discretion under Article 226 and 227 of the Constitution of India,....
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