Rajasthan High Court - Jaipur
District Cricket Association, Dausa vs Rajasthan Cricket Association on 29 September, 2022
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14678/2022
District Cricket Association, Dausa & Ors.
----Petitioners
Versus
Rajasthan Cricket Association & Ors.
----Respondents
For Petitioner(s) : Mr. Abhinav Sharma
For Respondent(s) : Mr. Rajendra Prasad, Sr. Adv. with
Mr. Prateek Kasliwal
Ms. Supriya Saxena
Mr. Tanmay Mangal
Mr. Samaksh Dasot
Ms. Varnali Purohit
Ms. Priyanka Sharma
Ms. Ayushi Raghuvanshi
Ms. Harshita Thakral
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
29/09/2022
This writ petition has been filed, inter-alia, assailing the legality and validity of the election process initiated vide notice dated 08.09.2022 as also the eligibility of the respondent No.2 to function as Election Officer.
Learned Senior Counsel for the respondent No.1/caveator raised preliminary objection as to maintainability of the writ petition. He submits that in the earlier writ petition filed by the petitioners No.1 & 2 bearing SB Civil Writ Petition No.13855/2022, neither legality and validity of the election notice dated 08.09.2022 nor, the eligibility of the respondent No.2 as Electoral Officer, was challenged and in view thereof, the prayers made in the instant writ petition are hit by the provisions of Order 2 Rule 2 (Downloaded on 29/09/2022 at 11:46:16 PM) (2 of 5) [CW-14678/2022] CPC. He, relying upon a judgment of Hon'ble High Court of Himachal Pradesh in case of Vinod Kumar versus Union of India & Ors.: Civil Writ Petition No.1879/2019:
Manu/HP/0725/2021, would submit that the aforesaid provisions of CPC are also applicable in the writ jurisdiction. He submits that once the petitioners have submitted to the jurisdiction of the Electoral Officer by raising objections as to the validity of the Electoral roll before him, they are estopped by the principle of acquiescence from assailing his appointment. He submits that the election process has started on 08.09.2022; but, the appointment of the Electoral Officer has been assailed at the eleventh hour. Relying upon judgments of Hon'ble Apex Court of India in cases of Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakri Dugdha Utpadak Sanstha & Anr. versus State of Maharasthra & Ors.: (2001) 8 Supreme Court Cases 509 & Shaji K. Joseph versus V. Viswanath & Ors.: (2016) 4 Supreme Court Cases 429, learned Senior Counsel would submit that this Court should not interfere with the ongoing election process. Drawing attention of this Court towards the provision of Section 16 of the of the Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005 (for brevity "the Act of 2005"), learned Senior Counsel submits that the petitioners have an alternative remedy of approaching the Arbitrator and hence, this writ petition is not maintainable. He submits that under the constitution of the Rajasthan Cricket Association also, there are provisions providing alternative mechanism such as arbitration or the Ombudsman for redressal of the grievances of the petitioners. Learned Senior Counsel would submit that right to contest election is a statutory (Downloaded on 29/09/2022 at 11:46:16 PM) (3 of 5) [CW-14678/2022] right which is governed by the statutory provisions and election of the respondent No.1-Association is being conducted in accordance with the Act of 2005 and its constitution which does not warrant any interference by this Court. He, therefore, prayed that the writ petition be dimissed as not maintainable.
Per contra, learned counsel for the petitioners, relying upon a judgment of Hon'ble Apex Court of India in case of Brahma Singh & Ors. versus Union of India & Ors.: (2020) 12 Supreme Court Cases 762, submits that the provisions of Order 2 Rule 2 CPC are inapplicable in writ jurisdiction. Referring to the judgment of Hon'ble Apex Court of India in case of Board of Control for Cricket versus Cricket Association of Bihar & Ors.:(2016) 8 Supreme Court Cases 535, learned counsel submitted that entire emphasis of the Justice Lodha Committee recommendation, which have been accepted and approved by the Hon'ble Supreme Court, was on conducting free and fair election in the cricket associations through an independent and impartial Election Officer whose integrity is beyond an iota of doubt. Inviting attention of this court towards the objections dated 23.09.2022 raised before the Election Officer, learned counsel submitted that since, the Electoral Officer, the respondent No.2, happens to be Chairman of the High Level Committee constituted by the Government of Rajasthan on 13.03.2022 to look into the demand of new districts in the State of Rajasthan, tenure of the Committee being till 13.03.2023, its entire expenditure being met by the Treasury of the Government of Rajasthan and the Honorary President of the respondent No.1-Association being son of the Hon'ble Chief Minister of Rajasthan, impartiality and independence of the Electoral Officer is under clouds and it can safely be (Downloaded on 29/09/2022 at 11:46:16 PM) (4 of 5) [CW-14678/2022] assumed that there would not be transparent, impartial and fair election of the respondent No.1-association. With regard to delay in preferring the writ petition, he submits that although, the Electoral Officer was appointed vide order dated 08.09.2022; but, the petitioners came to know of him heading the High Level Committee constituted in March, 2022 recently only, i.e., after filing their objections before him and therefore, the principle of estoppel and acquiescence have no applicability in the present case.
With regard to contention of the learned Senior Counsel for the respondent No.1 as to non-interference by this Court in the on-going election process, learned counsel submitted that a Coordinate Bench of this Court has, in SB Civil Writ Petition No.6831/2020: Dausa District Kabaddi Association versus Rajasthan State Kabaddi Association involving identical controversy, vide its order dated 10.07.2022, after hearing the learned counsels for the respective parties, restrained the respondent No.2 therein from conducting the election of the Kabaddi Association scheduled on 12.07.2020 as the Court was of the view that fair and transparent election must be conducted for the Association. He submits that the order dated 10.07.2020 was unsuccessfully challenged by the respondents by way of a DB Special Appeal (Writ) No.656/2020 which came to be disposed of by the Division Bench of this Court vide order dated 07.12.2021 without interfering with the order dated 10.07.2020 on its merit. He, therefore, prayed that the preliminary objection raised by the learned Senior Counsel for the respondent No.1/caveator are not tenable and the writ petition needs to be decided on its merit. (Downloaded on 29/09/2022 at 11:46:16 PM)
(5 of 5) [CW-14678/2022] After hearing the learned counsels for the respective parties, this Court is not satisfied that the writ petition deserves to be dismissed at the threshold on the preliminary objections raised by the learned Senior Counsel for the respondent No.1/caveator and is of the view that it requires hearing on its merit. At this stage, learned Senior Counsel for the respondent No.1 submits that he may be permitted to address the arguments on merit of case. However, the Court time is already over and due to paucity of time, it would not be possible to continue the hearing and conclude it today. In view thereof, the matter is directed to be listed tomorrow i.e. on 30.09.2022 at top of the cause-list.
However, in view of the fact that election of the respondent- Association is scheduled for tomorrow morning, taking into consideration the contentions advanced by the learned counsels for the respective parties, the nature and gravity of objections raised by the petitioners as to impartiality and independence of the respondent No.2, the Election Officer, in their communication dated 23.09.2022 and the letter and spirit of the judgment of Hon'ble Apex Court of India in case of Board of Control for Cricket (supra), this Court deems it just and proper to direct the respondents to keep in abeyance the election of the respondent No.1-Association till further order is passed in this writ petition tomorrow.
(MAHENDAR KUMAR GOYAL),J Manish/s-296 (Downloaded on 29/09/2022 at 11:46:16 PM) Powered by TCPDF (www.tcpdf.org)