Patna High Court - Orders
Bihar Cricket Association,Thru.Its ... vs Bihar Cricket Association(A Bo on 16 February, 2012
Author: R.M. Doshit
Bench: Chief Justice, Birendra Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1713 of 2011
In
Civil Writ Jurisdiction Case No. 986 of 2011
With
Interlocutory Application No. 6 of 2012
With
Interlocutory Application No. 38 of 2012
In
Letters Patent Appeal No.1713 of 2011
======================================================
1. Bihar Cricket Association, through its Convener Adhoc Committee Shri
Abdul Bari Siddique having Office at 151-Kautilya Nagar (MLA Colony),
P.O.- Bihar Veterinary College, Khajpura, District- Patna
2. Shri Abdul Bari Siddique S/O Late Ali Ahmad R/O 151- Kautilya Nagar
(MLA Colony), P.O.- Bihar Veterinary College, Khajpura, District- Patna,
Convener, Adhoc Committee, Bihar Cricket Association, Patna
.... .... Appellants
Versus
1. Bihar Cricket Association (A Body Affiliated to Board of Control for
Cricket in India) Situate at Palika Market, Ashok Rajpath, P.S.- Pirbahore,
District- Patna, through its Honorary Secretary Sri Ajay Narayan Sharma,
S/O Late Kumar Narayan Sharma, R/O Chaudhary Tola, P.O.- Mahendru,
P.S.- Sultanganj, District- Patna.
.... .... Respondent (1st Set)-Writ Petitioner
2. Bank Of India, having its Head Office at Star House, C-5 - G- Block II
Bandra Kurla Complex, Mumbai-400051 through its Chairman
3. The Chairman, Bank of India Head Office at Star House, C-5-G-Block II,
Bandra Kurla Complex, Mumbai-400051
4. The Zonal Manager, Bank of India, Chanakya Place, R-Block, Patna-
800001
5. The Chief Manager, Bank of India Secretariat Branch, P.S.- Sachivalaya,
District- Patna
.... .... Respondents (2nd Set)-Respondent No. 1 to 4
2 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
2 / 37
6. Ram Kumar S/O Late Jagdish Prasad R/O House No. 99, New SBI
Colony, P.S.- Digha, P.O.- Digha, District- Patna, at present, Member,
Adhoc Committee, Bihar Cricket Association, Patna.
.... .... Respondent (3rd Set)-Respondent No.5
7. Board of Control for Cricket in India (BCCI) Cricket Centre, D Road
Churchgate, Mumbai through its Secretary.
.... .... Respondent (4th Set)-Respondent No.6
8. Mahesh Kumar Agrawal C/O Hotel President, Fraser Road, Patna-
800001
9. Sushil Kumar Agrawal R/O Arya Kumar Road, Rajendra Nagar, Patna
10. Mumtazuddin Syed R/O Tin Kothia, Muzaffarpur - 842001
11. Kumar Shivesh C/O Sri Munnilal (I.A.S.), House No. 156A, Ambedkar
Path, Bailey Road, Patna-800014
12. Syed Imtiazuddin C/O Syed Mumtazuddin, Tin Kothia, Muzaffarpur -
842001
13. Alok Raj, Mig-352, Kankarbagh, Patna-800020.
.... .... Respondents (5th Set)-Respondent No. 7 to 12
14. Patna District Cricket Association through its President Amar Nath
Singh S/O Radha Ballabh Singh R/O Mohalla- R.K. Avenue, P.S.- Rajendra
Nagar, Patna
15. Banka District Cricket Association through its Honorary Secretary
Vishnu Kumar Alias Vishnu Kumar Chakravarti S/O Late Sant Kumar
Chakravarti R/O Mohalla- Ward No. 22, Jagatpur, P.S.- Banka, District-
Banka
16. Gopalganj District Cricket Association through its Honorary Secretary
Tribhuwan Prasad Singh S/O Sri Kailash Singh R/O Mohalla- Marwari
Mohalla, P.S.- Gopalganj, District- Gopalganj
17. Munger District Cricket Association through its Honorary Secretary Sri
Shankar Deo Choudhary S/O Late Ram Prasad Choudhary R/O Mohalla-
Lal Darwaja, Geeta Babu Road, P.S. & District- Munger
18. Arwal District Cricket Association through its Honorary Secretary Sri
Ddharm Vir Patwardhan S/O Sri Vinod Kumar R/O Jhunathi, P.S.- Kinjar,
District- Arwal
19. Supaul District Cricket Association through its Honorary Secretary Prof.
Sri Shashi Bhushan Singh S/O Sri Ravindra Prasad Singh R/O Dakshin
3 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
3 / 37
Hath Khola Road, Patel Chowk, Ward No. 10, District- Supaul
20. Lakhisarai District Cricket Association through its Honorary Secretary
Sri Jai Shankar Singh S/O Late Brajkishore Singh R/O P.O.- Patnear, P.S.-
Lakhisarai, District- Lakhisarai
21. Vaishali District Cricket Association through its Honorary Secretary Sri
Ravindra Prasad Singh S/O Late Bramha Nand Singh R/O Near Veer
Kumar Singh Colony, P.S.- Hajipur Sadar, District- Vaishali
22. Muzaffarpur District Cricket Association through its Honorary Secretary
Sri Ravi Shankar Sharma S/O Late Braj Bhushan Sharma R/O J.K. Colony,
Mithanpura, Ramna, P.O. & P.S.- Muzaffarpur, District- Muzaffarpur
23. Bhojpur District Cricket Association through its Honorary Secretary Sri
Rajiv Kumar S/O Late Prof. Dasrath Pandey R/O Shanti Kutir, Maharaja
Hata, P.S.- Arrah, District- Bhojpur
24. Jehanabad District Cricket Association through its Honorary Secretary
Sri Binod Kumar Singh S/O Sri Rajeshwari Prasad Singh P.O.- Unta,
Jehanabad, P.S. & District- Jehanabad
25. Araria District Cricket Association through its Honorary Secretary Sri
Dilip Kumar Jha S/O Late Govind Kant Jha R/O Shivpuri, Ward No. 9,
P.S.- Araria, District- Araria
26. Sheohar District Cricket Association through its Honorary Secretary Sri
Shishir Kumar S/O Sri Shishir Kumar, S/O Sri Sitaram Singh R/O Vill. +
Post- Fatahpur, P.S.- Sheohar, District- Sheohar
27. Madhubani District Cricket Association through its Honorary Secretary
Sri Subir Chandara Mishra S/O Late Prof. Ram Chand Mishra R/O
Kamakhya Niwas, Sri Ram Kutir, Veena Kunj Ward No. 9, P.S. & District-
Madhubani
28. Begusarai District Cricket Association through its Honorary Secretary
Sri Sanjay Kumar Singh S/O Suresh Prasad Singh R/O Dak Bunglow
Chowk, Near East Of Basic School, Sarvoday Nagar, P.S. & District-
Begusarai
29. Sitamarhi District Cricket Association through its Honorary Secretary
Sri Shyam Kishor Singh S/O Sone Lall Bhagat R/O Amghatta Road, Dumra
Ward No.2, P.S.- Dumra, District- Sitamarhi
30. Jamui District Cricket Association through its Honorary Secretary Sri
Rajesh Kumar Singh S/O Late Balmiki Prasad Singh R/O Garhwa Katauna,
4 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
4 / 37
P.S. & District- Jamui
31. Samastipur District Cricket Association through its Secretary Sri
Ranjeet Kumar Singh S/O Ganesh Prasad Singh R/O Dwarika Bhawan,
Near West of Civil Court, Ward No.11, Kasipur, P.S. & District-
Samastipur
32. Buxar District Cricket Association through its Honorary Secretary Sri
Durga Prasad Verma S/O Late Agnu Prasad Verma Bangla Ghat, P.S. &
District- Buxar
33. Nalanda District Cricket Association through its Honorary Secretary Sri
Anand Kumar S/O Ram Prasad Sinha R/O Mohalla- Bhaisasur, Dhaneshwar
Ghat Road, P.S.- Biharsharif, District- Nalanda
34. Khagaria District Cricket Association through its Honorary Secretary
Sri Sadanand Prasad S/O Late Ayodhya Prasad, Post Office Road, P.S. &
District- Khagaria
35. Bhagalpur District Cricket Association through its Honorary Secretary
Sri Anand Kumar Mishra S/O Late Veda Nand Mishra R/O Aditi Telecom
India, Adampur Chowk, P.S. & District- Bhagalpur
36. Katihar District Cricket Association through its Honorary Secretary Sri
Rajeev Kumar Jaiswal S/O Sabir Kumar Jaiswal R/O Gosal Chal, P.S. &
District- Katihar
37. Saran District Cricket Association through its Honorary Secretary Sri
Sunil Kumar Singh S/O Sri Thakur Prasad Singh R/O Ramlila Matiya
Bhagwan Bazar, P.S.- Bhagwan Bazar, District- Saran
38. Gaya District Cricket Association through its Secretary Shaligram
Singh, S/O Prof. Ram Sharan Singh R/O Mohalla- Rai Bahadur Kashi Nath
Chowk, Swarajpuri Road, P.S.- Gaya Sadar, Gaya
39. Aurangabad District Cricket Association through its Honorary Secretary
Ravindra Kumar S/O Sri Raghunandan Singh R/O Mohalla- Sampat Lok,
Adarsh Colony, P.S.- Aurangabad, District- Aurangabad
40. Madhupura District Cricket Association through its Honorary Secretary
Sanjay Kumar Singh S/O Late Chandrika Prasad Singh R/O Mohalla-
Station Road, P.S. & District- Madhepura
41. Kishanganj District Cricket Association through its Honorary Secretary
Sri Shamim Ahmad S/O Late Md. Naimuddin R/O Mohalla- Civil Court,
P.S. & District- Kishanganj
5 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
5 / 37
42. East Champaran, District Cricket Association through its Honorary
Secretary Shreeprakash Choudhary S/O Late Satyadeo Prasad Choudhary
R/O Main Road, P.S. & District- Motihari
43. Siwan District Cricket Association through its Honorary Secretary
Quaisher Jamal S/O Sri Monirul Haque R/O Janta Lodge, Station Road,
Near Sishwan More, P.S. & District-Siwan.
.... .... Respondents (6th Set)-Respondent No.13 to 42
44. The State of Bihar through Principal Secretary, Department of Art,
Culture & Youth, Government of Bihar, Patna.
.... .... Respondent
======================================================
With
Letters Patent Appeal No.1586 of 2011
IN
Civil Writ Jurisdiction Case No. 986 of 2011
With
Interlocutory Application No. 7431 of 2011
In
Letters Patent Appeal No.1586 of 2011
======================================================
Ram Kumar S/O Late Jagdish Prasad R/O House No. 99, New S.B.I.
Colony, P.O.+P.S-, Digha, Patna, presently Member, Ad Hoc Committee,
Bihar Cricket Association, Patna
.... .... Respondent-Appellant
Versus
1. Bihar Cricket Association (a body affiliated to Board of Control for
Cricket in India) situated at Palika Market, Ashok Raj Path, P.S.- Pirbahore,
District- Patna through its Honorary Secretary, Sri Ajay Narayan Sharma,
S/O Late Kumar Narayan Sharma, R/O Chaudhary Tola, P.O.- Mahendru,
P.S.- Sultanganj, District- Patna
.... .... Petitioner-Respondent
2. Bank of India, having its Head Office at Star House C-5, 'G-Block',
Bandra-Kurla Complex, Mumbai-400041 through its Chairman
3. The Chairman, Bank of India Head Office at Star House, C-5, 'G-Block',
Bandra Kurla Complex, Mumbai-400041
6 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
6 / 37
4. The Zonal Manager, Bank of India, Chanakya Place, R-Block, Patna-
800001
5. The Chief Manager, Bank of India, Secretariat Branch, P.S.- Sachivalaya,
District- Patna
6. Board of Control for Cricket in India (BCCI) Cricket Centre, D Road
Churchgate, Mumbai through its Secretary
7. Mahesh Kumar Agrawal C/O Hotel President, Fraser Road, Patna-
800001
8. Sushil Kumar Agrawal R/O Arya Kumar Road, Rajendra Nagar, Patna
9. Mumtazuddin Syed R/O Tin Kothia, Muzaffarpur-842001
10. Kumar Shivesh C/O Sri Munnilal (I.A.S.), House No. 156A, Ambedkar
Path, Bailey Road, Patna-800014
11. Syed Imtiazuddin C/O Syed Mumtazuddin, Tin Kothia, Muzaffarpur-
842001
12. Alok Raj, Mig-352, Kankarbagh, Patna-800020
13. Patna District Cricket Association through its President Amar Nath
Singh S/O ................. Mohalla- R.K. Avenue, P.S.- Rajendra Nagar, Patna
14. Banka District Cricket Association through its Honorary Secretary
Vishnu Kumar @ Vishnu Kumar Chakravarti S/O Late Sant Kumar
Chakravarti R/O Mohalla- Ward No. 22, Jagatpur, P.S.- Banka, District-
Banka
15. Gopalganj District Cricket Association through its Honorary Secretary
Tribhuwan Prasad Singh S/O Sri Kailash Singh R/O Mohalla- Marwari
Mohalla, P.S.- Gopalganj, District- Gopalganj
16. Munger District Cricket Association through its Honorary Secretary Sri
Shankar Deo Choudhary S/O Late Ram Prasad Choudhary R/O Mohalla-
Lal Darwaja, Geeta Babu Road, P.S. & District- Munger
17. Arwal District Cricket Association through its Honorary Secretary Sri
Ddharm Vir Patwardhan S/O Sri Vinod Kumar R/O Jhunathi, P.S.- Kinjar,
District- Arwal
18. Supaul District Cricket Association through its Honorary Secretary Prof.
Sri Shashi Bhushan Singh S/O Sri Ravindra Prasad Singh R/O Dakshin
Hath Khola Road, Patel Chowk, Ward No. 10, District- Supaul
19. Lakhisarai District Cricket Association through its Honorary Secretary
Sri Jai Shankar Singh S/O Late Brajkishore Singh R/O P.O.- Patnear, P.S.-
7 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
7 / 37
Lakhisarai, District- Lakhisarai
20. Vaishali District Cricket Association through its Honorary Secretary Sri
Ravindra Prasad Singh S/O Late Bramha Nand Singh R/O Near Veer
Kumar Singh Colony, P.S.- Hajipur Sadar, District- Vaishali
21. Muzaffarpur District Cricket Association through its Honorary Secretary
Sri Ravi Shankar Sharma S/O Late Braj Bhushan Sharma R/O J.K. Colony,
Mithanpura, Ramna, P.O. & P.S.- Muzaffarpur, District- Muzaffarpur
22. Bhojpur District Cricket Association through its Honorary Secretary Sri
Rajiv Kumar S/O Late Prof. Dasrath Pandey R/O Shanti Kutir, Maharaja
Hata, P.S.- Arrah, District- Bhojpur
23. Jehanabad District Cricket Association through its Honorary Secretary
Sri Binod Kumar Singh S/O Sri Rajeshwari Prasad Singh P.O.- Unta,
Jehanabad, P.S. & District- Jehanabad
24. Araria District Cricket Association through its Honorary Secretary Sri
Dilip Kumar Singh S/O Late Govind Kant Jha R/O Shivpuri, Ward No.9,
P.S.- Araria, District- Araria
25. Sheohar District Cricket Association through its Honorary Secretary Sri
Shishir Kumar S/O Sri Shishir Kumar S/O Sri Sitaram Singh Vill. + Post-
Fatahpur, P.S.- Sheohar, District- Sheohar
26. Madhubani District Cricket Association through its Honorary Secretary
Sri Subir Chandara Mishra S/O Late Prof. Ram Chand Mishra R/O
Kamakhya Niwas, Sri Ram Kutir, Veena Kunj, Ward No.9, P.S. & District-
Madhubani
27. Begusarai District Cricket Association through its Honorary Secretary
Sri Sanjay Kumar Singh S/O Suresh Prasad Singh R/O Dak Bunglow
Chowk, Near East of Basic School, Sarvoday Nagar, P.S. & District-
Begusarai
28. Sitamarhi District Cricket Association through its Honorary Secretary
Sri Shyam Kishor Singh S/O Sone Lall Bhagat R/O Amghatta Road, Dumra
Ward No.2, P.S.- Dumra, District- Sitamarhi
29. Jamui District Cricket Association through its Honorary Secretary Sri
Rajesh Kumar Singh S/O Late Balmiki Prasad Singh R/O Garhwa Katauna,
P.S. & District- Jamui
30. Samastipur District Cricket Association through its Secretary Sri
Ranjeet Kumar Singh S/O Ganesh Prasad Singh R/O Dwarika Bhawan,
8 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
8 / 37
Near West Of Civil Court, Ward No. 11, Kasipur, P.S. & District-
Samastipur
31. Buxar District Cricket Association through its Honorary Secretary Sri
Durga Prasad Verma S/O Late Agnu Prasad Verma, Bangla Ghat, P.S. &
District- Buxar
32. Nalanda District Cricket Association through its Honorary Secretary Sri
Anand Kumar S/O Ram Prasad Sinha R/O Mohalla- Bhaisasur, Dhaneshwar
Ghat Road, P.S.- Biharsharif, District- Nalanda
33. Khagaria District Cricket Association through its Honorary Secretary
Sri Sadanand Prasad S/O Late Ayodhya Prasad Post Office Road, P.S. &
District- Khagaria
34. Bhagalpur District Cricket Association through its Honorary Secretary
Sri Anand Kumar Mishra S/O Late Veda Nand Mishra R/O Aditi Telecom
India, Adampur Chowk, P.S. & District- Bhagalpur
35. Katihar District Cricket Association through its Honorary Secretary Sri
Rajeev Kumar Jaiswal S/O Sabir Kumar Jaiswal R/O Gosal Chal, P.S. &
District- Katihar
36. Saran District Cricket Association through its Honorary Secretary Sri
Sunil Kumar Singh S/O Sri Thakur Prasad Singh R/O Ramlila Matiya
Bhagwan Bazar, P.S.- Bhagwan Bazar, District- Saran
37. Gaya District Cricket Association through its Secretary Shaligram
Singh, S/O Prof. Ram Sharan Singh R/O Mohalla- Rai Bahadur Kashi Nath
Chowk, Swarajpuri Road, P.S.- Gaya Sadar, Gaya
38. Aurangabad District Cricket Association through its Honorary Secretary
Ravindra Kumar S/O Sri Raghunandan Singh R/O Mohalla- Sampat Lok,
Adarsh Colony, P.S.- Aurangabad, District- Aurangabad
39. Madhupura District Cricket Association through its Honorary Secretary
Sanjay Kumar Singh S/O Late Chandrika Prasad Singh R/O Mohalla-
Station Road, P.S. & District- Madhepura
40. Kishanganj District Cricket Association through its Honorary Secretary
Sri Shamim Ahmad S/O Late Md. Naimuddin R/O Mohalla- Civil Court,
P.S. & District- Kishanganj
41. East Champaran, District Cricket Association through its Honorary
Secretary Shreeprakash Choudhary S/O Late Satyadeo Prasad Choudhary
R/O Main Road, P.S. & District- Motihari
9 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
9 / 37
42. Siwan District Cricket Association through its Honorary Secretary
Quaisher Jamal S/O Sri Monirul Haque R/O Janta Lodge, Station Road,
Near Sishwan More, P.S. & District- Siwan
.... .... Respondents-Respondents
======================================================
Appearance :
(In LPA No.1713 of 2011)
For the Appellants : Mr. Y.V.Giri, Senior Advocate
Mr. Rajesh Kumar Singh, Advocate
For the Respondent No.1 : Mr. Bibhuti Prasad Pandey, Sr. Advocate
Mr. Binod Kumar Sinha, Advocate
Mr. Jagarnath Singh, Advocate
For the Respondent No.7 : Mr. Jitendra Singh, Senior Advocate
Mr. Rajiv Kumar Singh, Advocate
Mr. Harsh Singh, Advocate
For the Respondent State: Mr. Lalit Kishore, AAG-1
(In LPA No.1586 of 2011)
For the Appellant : Mr. Abhinav Srivastava, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
CAV JUDGMENT
Date : 16th February 2012.
(Per: HONOURABLE THE CHIEF JUSTICE)
The Letters Patent Appeal No. 1713 of 2011 under
Clause 10 of the Letters Patent is preferred by the Bihar Cricket
Association through the Convener, Ad hoc Committee, one Shri
Abdul Bari Siddique and the Convener Shri Abdul Bari Siddique
with the leave of the Court. The Letters Patent Appeal No.1586 of
2011 is preferred by the respondent no.5, one of the Members of
the Ad hoc Committee constituted by the President of the Bihar
Cricket Association on 30th June 2010. These Appeals preferred
under Clause 10 of the Letters Patent arise from the judgment and
10 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
10 / 37
order dated 20th September 2011 passed by the learned single
Judge in above C.W.J.C. No. 986 of 2011.
2. The above C.W.J.C. No. 986 of 2011 was filed by
the Bihar Cricket Association through its Honorary Secretary Shri
Ajay Narayan Sharma, the respondent no.1 herein, for a seemingly
innocuous relief against the respondent Bank of India to allow the
petitioner Shri Ajay Narayan Sharma to operate the bank account
of the Bihar Cricket Association (hereinafter referred to as 'the
Association'). It now turns out to be a bitter feud between two
factions of the members of the Association to hold the power and
to utilize the funds allocated by the Board of Control for Cricket in
India (hereinafter referred to as 'the BCCI').
3. The appellants claim that by order dated 30th June
2010, made by the President of the Association, an Ad hoc
Committee was constituted to run the affairs of the Association.
The Ad hoc Committee comprised 13 persons including the writ
petitioner Shri Ajay Narayan Sharma. However, it appears that the
said Shri Ajay Narayan Sharma fell out of grace on account of
certain comments made by the BCCI. Consequently, by order
dated 21st August 2010 made by the President of the Association
the said Shri Ajay Narayan Sharma came to be suspended from the
aforesaid Ad hoc Committee. Since then it appears that the said
Shri Ajay Narayan Sharma, at the instance of 1/3rd of the members,
held a Special General Meeting and an Annual General Meeting
and also held election of the Managing Committee superseding the
Ad hoc Committee constituted on 30th June 2010. The real issue is
who is at the helm of the affairs of the Association.
4. The grievance of the appellants is that in a
petition seeking direction against the Bank the learned single
Judge has decided about the genuineness of the Managing
11 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
11 / 37
Committee elected on 12th September 2010 without impleading the
appellants or the other members of the Ad hoc Committee
constituted on 30th June 2010.
5. Learned counsel Mr. Y.V. Giri has appeared for
the appellants in Letters Patent Appeal No.1713 of 2011. He has
taken us through the records. He has strongly relied upon the order
dated 30th June 2010. He has relied upon the Rules and
Regulations of the Bihar Cricket Association, particularly Rule 13
thereof. Rule 13 of the said Rules provides for powers and
functions of the President/Executive President, Office Bearers and
Honorary Secretary. Clause (a) thereof vests power of general
supervision over the activities of the Association unto the
President. It also empowers the President to take all measures
necessary to safeguard the interest of the Association and to carry
out its activities in case of an emergency. Mr. Giri has strenuously
urged that the Association had declared the election of its
Managing Committee under the supervision of a retired Judge of
this Court. Several complaints were made in respect of the
preparation of voters list, issuance of notice etc. In view of such
complaints the Convener, the retired Judge of this Court, under his
order dated 3rd April 2010 stayed the elections scheduled to be
held on 4th April 2010. In view of the postponement of the
election, the President of the Association, in exercise of powers to
act in case of emergency, by decision dated 30 th June 2010
dissolved the existing Managing Committee and constituted an Ad
hoc Committee under the chairmanship of the President of the
Association. It was also decided to conduct fresh election of the
committee of management and its Office Bearers within six
months. The writ petitioner was one of the members of the said
Ad hoc Committee. However, in view of the complaints made by
12 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
12 / 37
the BCCI against the writ petitioner, by order dated 21st August
2010, the President of the Association and the Chairman of the Ad
hoc Committee suspended the writ petitioner from the Ad hoc
Committee. Since his suspension from the Ad hoc Committee, the
petitioner has no authority to represent the Association.
Nevertheless, the writ petitioner, without the authority of law,
convened a Special General Meeting to supersede the Ad hoc
Committee; held the Annual General Meeting and conducted the
election of the members of the Managing Committee and its
Office Bearers. The entire process of holding Special General
Meeting, superseding the Ad hoc Committee, holding the Annual
General Meeting and the election of the Members of the
Managing Committee is illegal and is of no consequence. Unless
the President of the Association or the Chairman of the Ad hoc
Committee declares the election and the Members of the
Managing Committee and the Officer Bearers are elected by due
process, it is the Ad hoc Committee constituted on 30 th June 2010
which shall be in the charge as the Managing Committee of the
Association and it is the Ad hoc Committee which is entitled to
take the decisions pertaining the activities of the Association and
to manage and run the business of the Association. Mr. Giri has
also taken us through the various communications indicating that
it is the petitioner no.2 with whom the BCCI has been
corresponding and that the BCCI has recognized the Ad hoc
Committee as a lawful Committee which shall run and manage the
Association. Mr. Giri has also assailed the very maintainability of
C.W.J.C. No.986 of 2011. He has submitted that a writ petition
being C.W.J.C. No. 16762 of 2010 in the same subject matter is
pending before this Court. The petitioner without disclosing the
factum of the pendency of the said C.W.J.C. No.16762 of 2010
13 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
13 / 37
had filed above C.W.J.C. No.986 of 2011. The said C.W.J.C. No.
986 of 2011 was, therefore, not maintainable on the principle
analogous to Section 10 C.P.C. He has also submitted that the
petitioner, though he was fully aware of the constitution of the Ad
hoc Committee by the President of the Association; though he was
aware that he had been suspended from the Ad hoc Committee,
has taken law into his hands. He held the so called Special General
Meeting and the Annual General Meeting; made election of the
Members and the Office Bearers of the Managing Committee of
the Association. Without disclosing these facts, without
impleading the Members of the Ad hoc Committee, the petitioner
filed the above C.W.J.C. No. 986 of 2011 and obtained the
impugned order ex-parte against the appellants and the other
Members of the Ac hoc Committee. In the submission of Mr. Giri,
the petitioner has acted without the authority of law. So called
duly elected Managing Committee is nonest. The petitioner, a self
acclaimed Honorary Secretary of the Association has no authority
to represent the Association.
6. The Appeal is contested by the learned Additional
Advocate General Mr. Lalit Kishore. He has submitted that the
State Government is least concerned about the internal dispute
between two factions of the Association. He has submitted that the
registration of the Association under the Societies Registration
Act has been cancelled by the State Government. Without the
registration the Association has no existence in the eye of law; nor
can it have the affiliation with the BCCI. He has relied upon the
Memorandum and the Rules and Regulations of the BCCI. He has
submitted that it is the BCCI which is empowered to control the
game of cricket in India; to encourage the formation of the State
or the Regional and other Cricket Associations and to organize the
14 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
14 / 37
inter-State or the other tournaments. He has submitted that a
registered Association alone can be a member of the BCCI. The
registration of the Association having been cancelled, the
Association can no longer be affiliated to the BCCI. The order of
the State Government cancelling the registration of the
Association is still subsisting. So long as the said order subsists
the Association cannot carry on the activities of cricketing in the
State of Bihar; nor can it have affiliation with the BCCI; nor does
it have power to receive or utilize the funds from the BCCI or to
select the players and to send the team of such players to
participate in the tournaments organized by the BCCI.
7. The Appeal is contested by the respondent-writ
petitioner, the honorary Secretary of the Association. Learned
counsel Mr. Bibhuti Prasad Pandey has appeared for the
respondent-writ petitioner. He has relied upon the averments made
in the writ petition and the documents brought on record. He has
submitted that since the formation of the Ad hoc Committee there
was a popular demand for election of the Members of the
Managing Committee of the Association; as the
President/Chairman of the Ad hoc Committee failed to meet that
demand, at the instance of the 1/3rd of the members of the
Association, the petitioner being the honorary Secretary of the
Association had convened the Special General Meeting, the
Annual General Meeting and had held election of the Members
and the Office Bearers of the Committee of Management. He has
submitted that neither of the said meetings; or the business
transacted at the said meetings; or the election has been
challenged thus far. The petitioner, thus, represents the
Association through a legally elected Management Committee.
The petitioner being the honorary Secretary has all the rights to act
15 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
15 / 37
on behalf of the Association; to correspond with the BCCI; to
receive and utilize the funds allotted by the BCCI; to select the
players and to sponsor the team of players to participate in the
tournaments organized by the BCCI.
8. Learned advocate Mr. Abhinav Srivastava has
appeared for the appellant in Letters Patent Appeal No.1586 of
2011. He has supported the Letters Patent Appeal No.1713 of
2011. He has submitted that the petition invoked disputed
questions of facts. Such disputed questions of facts could not have
been resolved in a petition filed under Article 226 of the
Constitution. The learned single Judge has manifestly erred in
entertaining and allowing the writ petition. He has submitted that
the Petitioner, so called Honorary Secretary of the Association,
has usurped the powers of the Honorary Secretary on the basis of
the alleged election held by the Petitioner. Any election held by
the Petitioner is sham and bogus. The Petitioner cannot derive any
power or authority under such sham and bogus election.
9. We have considered the rival contentions. We are
convinced that the Association is split into two, if not more,
factions. Each faction considers itself to be the Association and
acts as such. Nevertheless, in the present controversy, we do not
need to delve upon the rivalry amongst the members of the
Association. As recorded hereinabove, the writ petition was filed
for a limited relief that the petitioner be permitted to operate the
bank account of the Association. The complaint is that such a
relief could not have been asked for without impleading the
appellants and the other members of the Ad hoc Committee. The
learned Single Judge having considered the sequence of the events
and the election of the Members and the Office Bearers of the
Managing Committee of the Association held that the petitioner
16 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
16 / 37
represents a lawfully elected body; that he is entitled to operate the
bank account of the Association. Mr. Giri has pointed out that
under the shelter of the order of the learned Single Judge the
petitioner has siphoned away the major part of the fund of Rs.
Fifty lakhs allocated by the BCCI.
10. We may note here that although Mr. Giri has
assailed the legality of the Special General Meeting and the
Annual General Meeting convened by the petitioner and the
election of the Members and the Office Bearers of the Managing
Committee held on 12th September 2010; although he has
vehemently argued that none of the appellants had received the
notice of such meetings; nor the voters' list was approved; nor the
so-called meetings were convened; the submission is not
supported by the relevant pleadings. Nowhere in the memorandum
of Appeal the appellants have asserted that they were not noticed
or they were not aware of the above referred meetings and the
election.
11. We are of the opinion that in view of the
subsequent events of holding a Special General Meeting and the
Annual General Meeting and the election of the Members and the
Office Bearers of the Managing Committee, the constitution of the
Ad hoc Committee automatically came to an end. The members of
the Ad hoc Committee thereafter cannot represent the Association
as the Members of the Ad hoc Committee. In absence of any
challenge to the subsequent events leading to the election of the
Members and the Office Bearers of the Managing Committee, it is
but natural that the elected Managing Committee will represent
the Association and shall have right to run and manage the
Association. In our opinion, the learned Single Judge has rightly
allowed the writ petition. No case for interference is made out.
17 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
17 / 37
12. The Appeals are dismissed in limine.
13. Interlocutory Applications stand disposed of.
14. We may clarify that this order governs the
matters at issue i.e. whether the elected Members and the Office
Bearers of the Managing Committee shall have right to run,
manage and represent the Bihar Cricket Association. This order or
the order of the learned single Judge will not be treated as an order
upholding the legality of the actions of the writ petitioner and the
election of the Members and the Office Bearers of the Managing
Committee held on 12th September 2010. In case there is a
challenge to the said election such challenge shall be decided in
accordance with law without being affected by any observation
made or anything said in this order or the order of the learned
single Judge. We have also not pronounced upon the legality of the
order of cancellation of the registration of the Association nor have
we examined the effect of such cancellation. We further clarify
that nothing said in this order or in the impugned order of the
learned single Judge will adversely affect the rights and
contentions raised by the parties in the other proceedings in respect
of the Bihar Cricket Association pending before this Court.
(R.M. Doshit, CJ)
(Per: HON'BLE MR. JUSTICE BIRENDRA PRASAD VERMA)
I have had the advantage of perusing the erudite
18 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
18 / 37
judgment prepared by Hon'ble the Chief Justice, for whom I have
highest respect, but regretfully I have not been able to persuade
myself to agree with the conclusions recorded by Hon'ble the
Chief Justice, hence this separate judgment.
2. The judgment prepared by Hon'ble the Chief
Justice has dealt with the facts involved in the present proceeding.
However, without repeating the facts, I will put the facts in my
own manner which are essential for disposal of the issues involved
in the present proceeding.
3. Admittedly, the Bihar Cricket Association has
been granted recognition by the Board of Control for Cricket in
India (hereinafter referred to as BCCI in short) for running the
cricketing activities in the State of Bihar. No other Association of
Bihar has been granted such recognition by the BCCI.
4. The primal issues involved in the present
proceeding are as to who are the true representatives of the Bihar
Cricket Association (in short BCA) and who are its office bearers
entitled to run the affairs of the BCA for controlling and managing
the cricketing activities in the State of Bihar, and further how the
game of cricket can be developed in the State of Bihar so that it
makes a mark and achieves the high standard, as a result of which
cricketers of the State of Bihar are granted due recognition for the
National and International events. The issue of operation of Bank
Account standing in the name of B.C.A. is of trivial consequences.
5. C.W.J.C. No. 986 of 2011 was filed by one Sri
Ajay Narain Sharma claiming to be the Honorary Secretary of the
Bihar Cricket Association seemingly for an innocuous relief
seeking direction upon the respondent Chief Manager of the Bank
of India to allow him and his supporters to operate Account No.
442910110002030 standing in the name of the Bihar Cricket
19 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
19 / 37
Association without any hindrance. Initially, in the writ petition
only Bank of India and its authorities were impleaded as party
respondents. Subsequently, the BCCI and some life members of
the Bihar Cricket Association and several District Cricket
Associations as also one Ram Kumar were impleaded as party
respondents either on the basis of interlocutory applications filed
by the concerned parties or on the basis of oral prayer made on
behalf of the writ petitioner.
6. The learned Single Judge while allowing the
aforesaid writ petition by the impugned judgment and order dated
20.9.2011proceeded on the assumption as if he was deciding an election dispute between the parties regarding election of the office bearers and the Committee of Management of the Bihar Cricket Association. The learned Single Judge in his long and exhaustive impugned judgment has made several observations and comments against the constitution of an Ad hoc Committee of the Bihar Cricket Association by an order dated 30.6.2010 by its President and finally concluded that the constitution of the Ad hoc Committee was per se illegal. However, before coming to that conclusion apparently, the learned Single Judge has neither issued any notice nor gave an opportunity of hearing to the members of the aforesaid Ad hoc Committee particularly its Chairman and convener, though both of them have been condemned by the learned Single Judge in strong words. Thereafter, the so-called election of the Committee of Management and office bearers allegedly held on 12.9.2010 in the so-called Annual General meeting, wherein one Binod Kumar and aforesaid Sri Ajay Narain Sharma were allegedly elected as the President and Honorary Secretary of the Bihar Cricket Association, has been held to be valid and has been granted recognition by the learned Single 20 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012 20 / 37 Judge. Consequently, direction has been issued to the Respondent Bank for allowing them to operate Bank Account.
7. One Shri Abdul Bari Siddiqui, claiming to be the convener of the Ad hoc Committee of Bihar Cricket Association has filed Letters Patent Appeal No. 1713 of 2011 questioning the validity and legality of the impugned judgment and order dated 20.9.2011 passed in the aforesaid C.W.J.C. No. 986 of 2011 by the learned Single Judge on various grounds besides the ground of violation of principles of natural justice. One Sri Ram Kumar, who was impleaded as respondent no.5 in the aforesaid C.W.J.C. No. 986 of 2011, in view of the Interlocutory Application No.784 of 2011 filed by him, has also filed L.P.A. No.1586 of 2011 on almost identical grounds questioning the validity and correctness of the impugned judgment and order dated 20the September 2011 passed by the learned Single Judge. Since Shri Abdul Bari Siddiqui, claiming to be the convener of the Ad hoc Committee of the Bihar Cricket Association has filed the instant intra-court appeal, he shall be referred to hereinafter as the appellant and since Shri Ajay Narain Sharma had filed the aforesaid C.W.J.C. No.986 of 2011 claiming to be the Honorary Secretary of the Bihar Cricket Association and has been impleaded as respondent no.1 in the present proceeding, he shall be referred to as the writ petitioner in order to avoid any confusion, as both of them have used the name of the Bihar Cricket Association either for filing the writ petition or for filing the present L.P.A.
8. Fortunately, there is no divergence of pleadings between the writ petitioner and the appellant regarding establishment of the Bihar Cricket Association and its activities till the middle of June, 2010. It is the common case of the appellant as also the writ petitioner that the Bihar Cricket 21 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012 21 / 37 Association was established in the year 1935 and the jurisdiction of the Association was extending to the entire State of Bihar and at that time its headquarters was at Jamshedpur. The State of Bihar was bifurcated and a separate State of Jharkhand was created with effect from 15.11.2000 under the provisions of The Bihar Reorganisation Act, 2000. Even at the time of bifurcation, the Bihar Cricket Association was covering the whole erstwhile State of Bihar and was still having its headquarters at Jamshedpur. It is also the common case of the parties that as per resolution of the Special General Meeting dated 18.3.2001 of the then Bihar Cricket Association, two separate Associations namely, Jharkhand Cricket Association for the State of Jharkhand and Bihar Cricket Association for the State of Bihar were formed. It is the admitted case of the writ petitioner, appellant as also the BCCI, that Jharkhand State Cricket Association has been granted full membership by the BCCI, whereas the Bihar Cricket Association was granted recognition as Associate Member of the BCCI with effect from 27.9.2008. It is also the common case of the parties that an election of the office bearers of the BCA was held on 21.6.2005. In the year 2008, a Consensus Managing Committee was formed in which one Shri Lalu Prasad was elected as the President and the aforesaid Shri Ajay Narain Sharma was elected as Honorary Secretary. The cricketing activities in the State of Bihar was being managed and controlled by the aforesaid consensus Managing Committee and the respondent BCCI also granted recognition to the aforesaid consensus Managing Committee.
9. There is no dispute between the parties that by a notice dated 18.3.2010(Annexure-2 to the memo of appeal) issued under the signature of the aforesaid Shri Lalu Prasad, the President 22 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012 22 / 37 of the Consensus Managing Committee, the date for Annual General Meeting of the Bihar Cricket Association was fixed for 4 th April, 2010 to be held at Muzaffarpur for transacting the business as also for holding the election of office bearers/Committee of Management for the Session 2010-12. Justice Rajendra Prasad, a former Judge of this Court, was appointed as an Electoral Officer, who separately issued election notice dated 18.3.2010(Annexure-3 to the memo of appeal) fixing the time table for the election of the office bearers of the Bihar Cricket Association. The writ petitioner Shri Ajay Narain Sharma, on the same day issued letter dated 18.3.2010(Annexure-4 to the memo of appeal) addressed to the President/ Honorary Secretary of all the District Units as also all the members of the Bihar Cricket Association informing them about the fixation of venue, the date and time of Annual General Meeting to be held on 4th April, 2010 at Muzaffarpur. It appears that Some objections were raised by some life members of the BCA and some District Cricket Association regarding preparation of electoral roll of the BCA, as a result of which by an order dated 26.3.2010( Annexure-5 to the memo of appeal) issued by the Electoral Officer, the election scheduled to be held on 4 th April, 2010 at Muzaffarpur was postponed. Subsequently, by an office order dated 3.4.2010( Annexure-5/1 to the memo of appeal) issued under the signature of the then President of the Bihar Cricket Association, the Annual General Meeting and the election of office bearers to be held on 4th April,2010 at Muzaffarpur was postponed. Till this date there appears to be no dispute between the parties about the constitution of the Committee of Management and the office bearers of the Bihar Cricket Association. However, for the subsequent events, the parties have pleaded differently and have taken conflicting stands, to pamper 23 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012 23 / 37 their personal interests, without caring the interest and future of the game of cricket in the State of Bihar. It appears that after the formation of an Ad Hoc Committee by the order dated 30.6.2010, issued by the President of B.C.A. dissention and differences started between the appellant and some other members of the Committee at one side and the writ petitioner and his supporters on the other side.
10. Learned Senior counsel appearing on behalf of the appellants submitted that by an order dated 30.6.2010( Annexure-6 to the memo of appeal), the President of the Bihar Cricket Association in exercise of powers under Rule 13(a) of the Rules and Regulations of the Bihar Cricket Association, dissolved the Committee of Management and office bearers and in its place constituted an Ad hoc Committee of Management consisting of the Chairman, convener and eleven members for discharging all functions of the Committee of Management of the Bihar Cricket Association. It was contended that Ad hoc Committee was required to conduct a fresh election of the office bearers and committee of Management within six months. In the aforesaid Ad hoc Committee of the Bihar Cricket Association, Shri Lalu Prasad was made the Chairman, Shri Abdul Bari Siddiqui was made convener and Shri Ajay Narain Sharma, the writ petitioner, and ten others were made the members of the Ad hoc Committee. It was further contended on behalf of the appellants that in view of dissolution of the existing Committee of Management and office bearers and in view of constitution of an Ad hoc Committee by the aforesaid order dated 30.6.2010, the writ petitioner Shri Ajay Narain Sharma was directed to hand over all the relevant records and documents of the Bihar Cricket Association to the convener of Ad hoc Committee, but despite several letters and reminders he 24 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012 24 / 37 did not hand over the records and documents, and the requests made and directions issued remained unheeded, as a result of which by an order dated 21.8.2010 (Annexure-10 to the memo of appeal) issued under the signature of the appellant Shri Abdul Bari Siddiqui, the writ petitioner Shri Ajay Narain Sharma was suspended from the Bihar Cricket Association as well as its Ad hoc Committee on the charge of indiscipline, misconduct and financial irregularities. It was strongly contended by the learned Senior counsel appearing on behalf of the appellants that since Shri Ajay Narain Sharma accepted the validity of the constitution of the Ad hoc Committee, as he was one of the members of the said Ad hoc Committee and in view of his subsequent suspension by order dated 21.8.2010( Annexure-10 to the memo of appeal) on the charges of indiscipline, misconduct and financial irregularities, the writ petitioner had no power or authority to convene any special General Meeting of the BCA. Therefore, as per submissions, the entire actions taken by the writ petitioner either for the purposes of holding Special General Meeting on 22.8.2010, or subsequently for holding Annual General Meeting on 12.9.2010 was a nullity in the eye of law. According to the learned senior counsel, any election held in the alleged General Annual Meeting dated 12.9.2010 was a non est in the eye of law and has not been granted recognition even by the respondent BCCI. According to his submission, the learned Single Judge has committed grave error of law by granting recognition to such an election held in the aforesaid Annual General Meeting dated 12.9.2010, which was held in flagrant breach of Rules and Regulations of the B.C.A. and against the established norms, and therefore, the same has no legal sanctity, as it was unauthorizedly convened by a person who was no longer a member of the Bihar 25 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012 25 / 37 Cricket Association. In the same vein, it was contended that the impugned judgment and order passed by the learned Single Judge is not sustainable in the eye of law, since it has been passed behind the back of the appellants and other members of the Ad hoc Committee, though their actions have been deprecated and adverse observations have been made against them in strong words by the learned Single Judge.
11. The writ petitioner has contested both the appeals. Learned Senior counsel appearing on behalf of the writ petitioner-respondent no.1 herein submitted that different District Units of the Bihar Cricket Association requested the writ petitioner Shri Ajay Narain Sharma, the Honorary Secretary of the original Committee of Management of the Bihar Cricket Association, to convene Annual General Meting for the purposes of holding election of the office bearers. In view of such requisition the writ petitioner issued notice on 14.8.2010 for holding Special General Meeting of the Bihar Cricket Association and accordingly, the Special General Meeting of the BCA was held on 22.8.2010 under the Chairmanship of the Vice President of the BCA. It was also contended on behalf of the writ petitioner- respondent no.1 herein, that in the Special General Meeting held on 22.8.2010 it was resolved to reject the formation of the Ad hoc Committee by an order dated 30.6.2010 by the then President of the BCA and it was further resolved to convene the Annual General meeting on 12.9.2010. A Committee was constituted for conducting and supervising the election of the office-bearers in the Annual General Meeting. As per his submission, notices were issued to the members and the Annual General meeting was held on 12.9.2010 in Hotel Maurya at Patna. In the said Annual General Meeting held on 12.9.2010, one Shri Binod Kumar was 26 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012 26 / 37 elected as the President and the writ petitioner Shri Ajay Narain Sharma was elected as Honorary Secretary. It was also contended that despite the aforesaid election of office bearers, the respondent Bank was creating obstruction in operating the bank account, therefore, the aforesaid C.W.J.C. No. 986 of 2011 was filed by the writ petitioner, which was finally allowed by the learned Single Judge by the impugned judgment and order dated 20.9.2011. It was urged on behalf of the writ petitioner-respondentno.1 herein that as per the case of the appellant an Ad hoc Committee was constituted on 30.6.2010 and fresh election of office bearers and Committee of Management of the Bihar Cricket Association was to be conducted within six months, but till date no election was conducted by the Chairman and the convener of the Ad hoc Committee. It was feebly submitted that since respondent no. 5, namely, Ram Kumar was a party in the writ proceeding and had contested the matter before the writ court, and he being the representative of the Ad Hoc Committee, there was no question of any violation of principles of natural justice. On these grounds, besides others, it was submitted that these intra-court appeals are liable to be dismissed and the judgment and order passed by the learned Single Judge is fit to be affirmed.
12. The State of Bihar has intervened in the matter by filing I.A. No. 8419 of 2011 in L.P.A. No. 1713 of 2011 and a prayer was made that the State of Bihar is a necessary party in the present proceeding, therefore, it should be impleaded as a party respondent. After hearing the parties, the aforesaid interlocutory application no. 8419 of 2011 was allowed by us by an order dated 8.12.2011 and the State of Bihar was impleaded as respondent no. 44 in L.P.A. No. 1713 of 2011
13. A counter affidavit has also been filed on behalf 27 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012 27 / 37 of the State of Bihar( respondent no.44) challenging the maintainability of the writ petition primarily on the ground that the registration of the Bihar Cricket Association under The Societies Registration Act, has been cancelled by the Registrar of the Societies and therefore, in absence of registration, the Bihar Cricket Association has no existence in the eye of law, and as such, the writ petition or the Letters patent Appeal filed on behalf of such unrecognized Association was not maintainable. It was also contended that such an unregistered Association cannot be granted recognition by the respondent BCCI.
14. Learned Counsel appearing on behalf of the other respondents as also learned counsel appearing for the appellant in L.P.A. No. 1586 of 2011 have adopted and supported the arguments advanced either on behalf of the appellants or on behalf of the writ petitioner-respondent no.1 herein.
15. The BCCI, represented by the learned Senior counsel, has taken a rather unreasonable and recalcitrant stand that the BCCI cannot have any role in resolving the internal dispute of the Bihar Cricket Association. According to the learned Senior counsel, the dispute between the appellant on one hand and the writ petitioner-respondent no.1 herein and others on the other hand is required to be resolved by them alone and till the dispute is finally resolved, the respondent BCCI shall withhold its hand in giving any financial aid to the Bihar Cricket Association.
16. Before appreciating the rival submissions made on behalf of the parties, it would be relevant to consider the provisions of Memorandum of Association and Rules and Regulations of the BCCI. Clause 2 of Memorandum of Association delineates the objects of the BCCI. Clauses 2(b), 2(r) and 2(y) of the Memorandum of Association shall be relevant for 28 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012 28 / 37 the purposes of the disposal of the present proceeding and as such the same are reproduced herein below:-
"2. The objects of the Board are:
- - - - - - - - - - - -- - -
(b) To encourage the formation of State, Regional or other Cricket Associations and the organization of Inter-State and other Tournaments.
----------------
(r) To take such action as may be necessary to coordinate the activities of affiliated associations, institutions and their members in relation to the Board and amongst themselves.
----------------
(y) Generally to do all such other acts and things as may seem to the board to be convenient and/or conducive to the carrying out the objects of the Board."
17. Certain provisions of Rules and Regulations of the BCCI shall also be relevant for the purposes of disposal of the present proceeding. Rule 1 is interpretation. Rule 1(b)(ii) defines an Associate Member. Rule 3 (a)(i) contemplates the types of Membership. Rule 6(A) prescribes the procedure for promotion of an Associate Member to a Full Member. Rule 8 prescribes the Powers and duties of the Board. Rule 8(r) and Rule 8(t) of the Rules and Regulations of the BCCI shall be most relevant for the purposes of disposal of the present proceeding and as such, are reproduced herein below:
"8 POWERS AND DUTIES OF THE BOARD In addition to and without prejudice to the generality of powers conferred directly or by necessary implication under these Rules and regulations and the Memorandum of Association, the Board shall exercise the powers and perform the duties hereafter mentioned:29 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012
29 / 37
----------------
(r) To co-ordinate activates of the affiliated Associations and to mediate in disputes between the Members and/or Associate Members of the Board.
----------------
(t) Generally to do all such other acts and things as may appear to the Board to be expedient, convenient and/or conducive to the carrying out of the objects of the Board."
18. On plain perusal of the provisions contained in the Memorandum of Association and the Rules and Regulations of the BCCI reproduced hereinabove, it is apparent that the respondent BCCI should not and cannot be allowed to remain as a mute spectator in the controversy arising between the appellants and the writ petitioner. For safeguarding the interest of game of cricket not only in the State of Bihar, but for the National level, the B.C.C.I must adopt a positive approach and should play an active role, so that game of cricket does not suffer due to personal feuds of certain office bearers. The respondent BCCI, though not created by any statute and originally registered under The Societies Registration Act, 1860, but subsequently registered under The Tamil Nadu Societies Registration Act 1975, having been recognized by the Ministry of Youth Affairs and Sports, Govt. of India, is a premier recognized Body of the country having full control over almost all domestic cricket tournaments, and National and International cricketing activities involving India. Under the mandate of the provisions of Memorandum of Association and Rules and Regulations of the BCCI, quoted above, it becomes a duty of the BCCI to resolve the impasse created by two rival factions both claiming to be true representatives of the BCA. In fact, due to factional feuds 30 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012 30 / 37 between the appellants and their supporters at one side and writ petitioner and his supporters on the other side, and the apathy shown by the BCCI as also by the State of Bihar, the game of cricket in the State of Bihar is the worst sufferer. Some positive measures are required to be undertaken by the BCCI in consultation with the State of Bihar, the appellants as also the writ petitioner, so that a healthy, friendly and congenial cricketing atmosphere is created in the State of Bihar, as a result of which not only the cricketers and cricket loving people of the State of Bihar are benefited, rather, the cricket on National and International level also gains strength.
19. Before proceeding further, it would be relevant to notice that the issues as to whether the BCCI is a State under the meaning of Article 12 of the Constitution of India, and as to whether a writ petition under Article 32 of the Constitution of India before the Apex Court or under Article 226 of the Constitution of India before a High Court for violation of any constitutional or statutory obligations by the BCCI shall lie, came up for consideration by a Constitution Bench before the Apex Court in the case of Zee Telefilms Ltd. and Another Vs. Union of India and other[(2005) 4 S.C.C.649]. The Constitution Bench of the Apex Court, after considering all the materials and rival submissions raised on behalf of the parties, per majority, came to a conclusion/finding that the BCCI is not a creature of any statute and no financial assistance is given by the Government to meet the whole or entire expenditures of the Board. Though, the Board does enjoy a monopoly status in the field of cricketing, but such status is not the State conferred or the State protected. There is no existence of deep and pervasive State control. The control, if any, is regulatory in nature. The BCCI is 31 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012 31 / 37 an Autonomous Body and therefore, it was held, per majority, that it is not a State under the meaning of Article 12 of the Constitution of India and as such the writ petition under Article 32 of the Constitution of India before the Apex Court shall not lie. But, it does not mean that for violation of constitutional or statutory obligations the BCCI shall be allowed to go scot-free. Any aggrieved party shall have right to seek the remedy under the ordinary course of law or by way of filing a writ petition under Article 226 of the Constitution of India before a High Court. The power under Article 226 of the Constitution of India was held to be wider than that under Article 32 of the Constitution of India. In order to buttress my points, I cannot do better than to quote paragraph 31 and part of paragraph 33 of the aforesaid judgment in the case of Zee Telefilms Ltd and Another Vs. Union of India and Others(Supra). Paragraph 31 and part of paragraph 33 are reproduced herein below:
"31. Be that as it may, it cannot be denied that the Board does discharge some duties like the selection of an Indian Cricket team, controlling the activities of the players and others involved in the game of cricket. These activities can be said to be akin to public duties or State functions and if there is any violation of any constitutional or statutory obligation or rights of others citizens, the aggrieved party may not have a relief by way of a petition under Article
32. But that does not mean that the violator of such right would go scot-free merely because it or he is not a State. Under the Indian jurisprudence there is always a just remedy for the violation of a right of a citizen. Though the remedy under Article 32 is not available, an aggrieved party can always seek a remedy under the ordinary course of law or by way of a writ petition under Article 226 of the Constitution, which is much wider than Article 32. 32 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012 32 / 37
----------------
33. Thus, it is clear that when a private body exercises its public functions even if it is not a State, the aggrieved person has a remedy not only under the ordinary law but also under the Constitution, by way of a writ petition under Article 226. - - -"
20. In view of the aforesaid judicial pronouncement of the Constitution Bench of the Apex Court, and in view of the fact that the respondent BCCI has failed to discharge its statutory obligations as also in view of the fact that the inaction and apathy not only on the part of the BCCI but also on the part of the State of Bihar has led to the present impasse and hiatus for the cricketing activities in the State of Bihar due to factional feuds between the two groups claiming to be the true representatives of the B.C.A., the writ petition filed by the writ petitioner Shri Ajay Narayan Sharma under Article 226 of the Constitution of India was maintainable and was rightly entertained by the learned Single Judge. But, in the given facts of the case, the learned Single Judge has committed a grave error in law in deciding the aforesaid writ petition as an election petition. The election dispute raised by the writ petitioner-respondent no.1 herein, could not have been decided by the learned Single Judge in exercise of powers of judicial review under Article 226 of the Constitution of India, and that too without issuing notice to all concerned persons including the appellants and without giving them an opportunity of hearing, and particularly in absence of any statutory provisions under the Rules and Regulations of the BCA conferring such power. The matter could have been referred to an independent body of adjudicators constituted with consent of the respective parties, but that having not been done and the 33 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012 33 / 37 election dispute having been decided by the learned Single Judge, has vitiated the impugned judgment and order dated 20.9.2011. As such, the impugned judgment cannot be sustained in its present form.
21. Asking the parties to approach the civil court by filing a suit for getting the election dispute resolved will not be advisable in the present case. The disposal of civil suit may take a long time and that would not be in the interest of game of cricket in the State of Bihar. It is not the question as to whether election held on 12.9.2010 was valid or contrary to the Rules and Regulations of the BCA, rather, the manner in which the Special General Meeting of the BCA was convened by the writ petitioner on 22.8.2010 and subsequently Annual General Meeting was allegedly held on 12.9.2010 at the behest of the writ petitioner- respondentno.1 herein, is the real issue and it can not be approved as legal in the given facts of the case.
22. In the present case an Ad hoc Committee was constituted by an order dated 30.6.2010 issued by the President of Bihar Cricket Association of which the writ petitioner- respondent no.1 herein was also a member. He was subsequently suspended by an order dated 21.8.2010( Annexure-10 to the memo of appeal) on the charges of indiscipline, misconduct and financial irregularities. However, in the meantime, the writ petitioner-respondent no.1 herein, claims that a Special General Meeting was held on 22.8.2010 wherein formation of the Ad hoc Committee by an order dated 30.6.2010 by the then President of the BCA was negatived and subsequently Annual General Meeting was held on 12.9.2010 in which one Sri Binod Kumar was allegedly elected as the President and writ-petitioner- respondent no.1 herein, was elected as the Honorary Secretary.
34 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-201234 / 37
23. Free, fair and transparent election is the backbone of democracy. A democratic institution like the BCA must run on democratic principles. In a democracy all persons heading any public body can continue on the posts provided they enjoy the confidence of the persons who comprise such bodies. In fact, this is the essence of any democratic republic. For sustenance of any democratic institution/body, not only free and fair election but a transparent election inspiring confidence in it is a must. In the present case, the manner in which the writ petitioner-respondent no.1 herein, claims to have convened the Special General Meeting, nullified the Ad Hoc Committee, organized Annual General Meeting on 12.9.2010 and got himself and his supporters elected as the office-bearers of the BCA, cannot be said to be the result of free, fair and transparent election. Obviously, the alleged election of office bearers of the BCA held on 12.9.2010 was not free, fair and transparent and the body created therein does not enjoy the confidence of all members of the BCA. Therefore, the impugned judgment and order passed by the learned Single Judge, recognizing the election held in the aforesaid Annual General Meeting allegedly held on 12.9.2010, is vitiated in the eye of law and it has to be set aside. The Annual General Meeting held on 12.9.2010 and the alleged election of office bearers in that meeting cannot be accepted as valid and have to be nullified. I may hasten here to observe that the Ad hoc Committee constituted on 30.6.2010, which was obliged to conduct a free and fair election of office bearers of the BCA within six months and that admittedly having not been done till date, also cannot be allowed to claim to be the true representatives of the BCA. Only free, fair and transparent fresh election of the office bearers of the BCA, after involving all 35 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012 35 / 37 the parties in the present proceeding, would be resolving the impasse and deadlock created in the present scenario.
24. Now, the question arises as to how the controversy can be resolved and what direction should be issued to the contesting parties in the present proceeding, so that the issues raised in the writ petition or in the instant Letters Patent Appeals are finally resolved and games of cricket do not suffer any further because of personal feuds of certain factions. The Ad hoc Committee constituted on 30.6.2010, having failed to discharge its obligations of holding fresh election of the Committee of Management and office bearers of the BCA within the prescribed period of six months has lost its efficacy. The alleged election held on 12.9.2010 in the alleged Annual General Meeting convened at the behest of the writ-petitioner-respondent no.1 herein, and his supporters has already been nullified by me in view of the findings recorded above. The respondent BCCI is obliged to discharge its statutory duty and is further obliged to play an active role for resolving the dispute between the two factions of the BCA in the light of the provisions of the Memorandum of Association and its Rules and Regulations quoted above as also the findings recorded by me in the preceding paragraphs. The State of Bihar has already been impleaded as respondent No.44 in L.P.A. No. 1713 of 2011 and it being a welfare State, the respondent no.44 is also obliged to discharge its public duty for encouraging the sporting activities, in the present case the game of cricket, in the State of Bihar.
25. After having considered all the factual and legal aspects of the matter, I am of the considered opinion that a Special Committee of five persons be constituted for preparation of fresh electoral rolls and for conducting free, fair and 36 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012 36 / 37 transparent fresh election of the Committee of Management and office bearers of the BCA within a period of three months from the date of constitution of such Body. The aforesaid Special Committee shall be obliged to consider all the objections raised on behalf of the parties regarding preparation of the electoral rolls and shall thereafter fix a time- table for holding the Annual General Meeting and for holding the election of the Committee of Management and office bearers of the BCA. For constituting the Special Committee of five members, the appellants as also the writ petitioner shall nominate one member each. The respondent BCCI as also the State of Bihar shall also nominate one member each. The BCCI, in addition to that, shall nominate one person, preferably, a retired Chief Justice or a retired Judge of the High Court, who shall be the Chairman of that Committee. The aforesaid Special Committee shall look after all the affairs of the BCA till the fresh election is held within the time fixed by this Court.
26. In the result, the appeals are allowed to the extent that the impugned judgment and order dated 20.9.2011 passed in the above C.W.J.C. No. 986 of 2011 by the learned Single Judge is modified with a direction that a five men Special Committee be constituted as directed in paragraph 25 of the present judgment at an earliest possible time. The respondent BCCI shall nominate a person of high integrity to be the Chairman of that Special Committee within four weeks. The appellants, the writ petitioner-respondent no.1 herein, the State of Bihar as also the respondent BCCI once again shall each nominate one person of their own choice to be the members within two weeks from the date of nomination of the Chairman of the aforesaid Special Committee of the BCA. The Special 37 Patna High Court LPA No.1713 of 2011 (10) dt. 16-02-2012 37 / 37 Committee so constituted shall be obliged to get fresh election held of the Committee of Management and office bearers of the BCA within three months from the date of its full constitution. During the interregnum period, the five men Special Committee shall look after the day-to-day affairs including the cricketing activities of the BCA.
27. Let a copy of this judgment be handed over to the counsel for the appellants, the writ petitioner-respondent no.1 herein, the State of Bihar and the respondent BCCI. The parties shall bear their own costs.
(Birendra Prasad Verma, J) Pawan/Kanth 16.02.2012 In view of the diverse opinion, the Appeals are referred to the larger Bench.
(R.M. Doshit, CJ) (Birendra Prasad Verma, J) Dilip.