Uttarakhand High Court
Petitioners vs Cricket Association Of Uttarakhand And ... on 23 May, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
HIGH COURT OF UTTARAKHAND AT NAINITAL
Hon'ble Justice Sri Rakesh Thapliyal
23th May 2025
Writ Petition No. 2692 of 2022 (M/S)
Sanjay Rawat and others
............... Petitioners
Vs.
Cricket Association of Uttarakhand and others
............Respondents
Counsel for the Petitioners: Mr. Rajendra Dobhal, learned Senior Advocate assisted by Mr. Shubhang Dobhal and Mr. Suryakant Maithani, learned counsel Counsel Respondents: Mr. V.B.S. Negi, learned Senior Advocate assisted by Mr. Lalit Sharma, Mr. Sandeep Tiwari, Mr. Piyush Tiwari and Mr. Ankush Negi learned counsel (Mr. Rakesh Thapliyal, J.)
1. Arguments heard at length.
2. Mr. Rajendra Dobhal, learned Senior Advocate submits that against the serious allegations of corruption against the Association and the Apex Council and earlier a complaint was made to the OMBUDSMAN but the same was rejected by observing that the complaint has not been submitted as per the procedure as laid down under Clause 41(1)(b) of the Rules and Regulations of CAU. Being aggrieved with the order of the OMBUDSMAN, the instant writ petition has been preferred in the year of 2022 wherein on 16.11.2022, this Court issued notices to the respondents and directed that any decision taken by the respondents by convening any meeting of the Board or AGM shall be subject to the result of the writ petition.
23. The relief as sought is being reproduced herein as under:-
A. Pass a writ in the nature of Mandamus or any other appropriate writ/order direction to;
i. To remove/disqualify the respondents from their respective position in the CAU; and take suo motu cognizance with regard to the existing corruption in the CAU.
B. It is further prayed that the order of the Hon'ble Ombudsman dated 08.08.2022 may be set aside and the Hon'ble Ombudsman may be directed by this Hon'ble Court to decide the complaint 2/200 upon merits in a speedy and time bound manner.
C. That in an alternate to Clause (B) of the instant prayer, this Hon'ble Court may be pleased to grant liberty to the petitioners to move the complaint no. 2/2022 to the Apex Council without causing prejudice to their rights and contentions made by them in the subsequent impending complaint i.e. Complaint No. 4 of 2022 and accordingly the said complaint be decided by the Hon'ble Ombudsman in a speedy and time bound manner.
4. On an urgent mention, the matter was heard on 16.05.2025 and Mr. Rajendra Dobhal, Senior Advocate placed before this Court the copy of notice dated 27.04.2025 which pertains to holding of Special General Meeting of CAU to be scheduled on 19.05.2025 to discuss the following business:
(i) to confirm the minutes of previous Annual General Meeting held on 11.02.2025.
(ii) Election for the post of Vice President (one post).
(iii) to discuss induction of new member.
Since, no counter affidavit was filed, consequently, Mr. V.B.S. Negi, learned Senior Advocate for the respondents sought three days to file counter affidavit undertakes that notice dated 27.04.2025 will not be given effect to till 22.05.2025. Consequently, on such 3 undertaking three days' time was given for filing counter affidavit.
5. Now, a counter affidavit has been filed on behalf of respondent nos. 1 to 4 yesterday and the same istaken on record.
6. Mr. V.B.S. Negi, Senior Advocate pointed out that after rejection of the complaint by the Ombudsman, which is impugned in this petition, another complaint was preferred by the petitioner with the same set of allegation but the Ombudsman adjourned the matter sine die keeping in view the fact that the matter is subjudice in this petition.
7. Mr. Rajendra Dobhal, learned Senior Advocate for the petitioners argued that there are serious allegations of corruption against the office bearers of the Association and furthermore respondent no. 4, the present Secretary of the Association elected to the election which was held in the year 2023 which was during the pendency of the instant petition. Mr. Dobhal submits that as per Rule 6 (4) of the Rules and Regulations of CAU, an office bearer who has held any post for two consecutive terms either in any State Association or in the BCCI (or combination of both) shall not be eligible to contest any further election without completing a cooling off period of three years. Rule 6(4) is being reproduced herein as below:-
6(4). Election and Terms of Office Bearers:-
An office bearer who has held any post for two consecutive terms either in any State Association or in the BCCI (or combination of both) shall not be eligible to contest any further election 4 without completing a cooling off period of three years.
8. It is argued by Mr. Dobhal, that Mr. Mahim Verma was initially elected as Secretary of the Association in the year of 2017 when the Association was affiliated with the State Association of U.P. and thereafter again he was elected in the year 2019 after getting affiliation from BCCI and, as such, term of the member elected in the year 2019 got expired in 2022 and, as such, since he has completed two consecutive terms therefore in terms of Rule 6(4) he was not eligible to contest the election which was held in January 2023. He submits that since Mahim Verma was not eligible to contest the election in the year 2023 since cooling off period was not over, therefore, he was not legally entitled to hold the post of the Secretary.
9. To substantiate his arguments, Mr. Dobhal, argued on two points; one, respondent no. 4 is not eligible as per Clause 6(4) to contest the election due to completion of two consecutive terms and the another is the issue of large scale of corruption in the Association.
10. In response to this Mr. V.B.S. Negi, argued that the Rules and Regulations of CAU were lastly amended on 03.12.2022 and certain amendments were made in Clause 6(4) which reads as under:-
4 (i) An office bearer who has held any post for two consecutive terms in the CAU shall not be eligible to contest any further election in CAU without completing a cooling off period of three years. During this cooling off period, such an office bearer shall not be a member of the Governing Council or of any committee whatsoever of the CAU. The expression 'officer bearer' should not be permitted 5 to be circumvented by being a member of any other committee or of the Governing Council in the CAU, as the case may be.
(2) If a person has served two consecutive terms each, in the CAU and in the BCCI [or vice versa] continuously without any break, such person shall not be eligible to contest any further election in the CAU or in the BCCI, without completing a cooling off period of three years.
During this cooling off period, such an office bearer shall not be a member of the Governing Council or of any committee whatsoever of the BCCI or of CAU. The expression 'office bearer' should not be permitted to be circumvented by being a member of any other committee of the Governing Council in BCCI or of CAU, as the case may be.
In furtherance of his arguments, he submits that in fact Association got affiliation from BCCI first time in the year 2019 and as such, the post which respondent no. 4 is holding in past i.e, in the year 2017 shall not be taken into consideration and the term of respondent no. 4 will start from the date when first election was held in the year 2019 , after getting affiliation from BCCI.
11. Arguments as advanced by learned Senior Advocates of both the parties requires deep scrutiny and deliberations as well as interpretation of Clause 6(4) of the Rules and Regulations of CAU for which Mr. Dobhal sought time to file supplementary affidavit.
12. In addition to this, Mr. V.B.S. Negi, Senior Advocate apprise this Court about various sports activities being carried out by the Association and the achievement report is also placed before this Court on perusal of which it reveals that many players of this State played different tournament including Indian Premiere League (IPL) and Women Premiere League (WPL). In this achievement report there is also 6 reference that in the past 38 teams in the Ranji Trophy qualified for the quarterfinals twice in a very short span from 2019 to 2024 and further the CAU hosted key national tournaments, contributing significantly to BCCI's cricketing ecosystem like; Syed Mushtaq Ali Trophy, Senior Women's Multi Day Tournament, Over 50 Ranji Trophy Matches, Cooch Behar Trophy, Vinod Mankad Trophy, Raj Singh Dungarpur Trophy, Senior Women Challenger Trophy Tournament, Hansa Dhanai Cricket Tournament (women), A.S. Mengwal Cricket Tournament (women) etc. This achievement report is taken on record and copy of the same is also supplied to the learned Standing Counsel for the State Mr. Tarun Lakhera who shall forward the same to the Sports Secretary who also joined the proceeding through V.C. in order to assist the Court. Mr. V.B.S. Negi, learned counsel shall also provide the copy of the achievements to the learned counsel for the petitioners.
13. It is also informed that in Uttarakhand there are two main stadiums one in Dehradun and another in Haldwani and there are no sport activities. In order to verify this fact, this Court asked the Sports Secretary to join the proceeding through VC. in compliance thereof Mr. Amit Sinha joined the proceeding and apprise that in both the stadiums activities are going on. After interaction with the Sports Secretary this Court is of the view that both the stadiums should remain open on each and every day from 6:00 am to 8:00 pm so the players may regularly practice there.
714. Since, Cricket Association is also before this Court being represented by Mr. V.B.S. Negi, Senior Advocate and undertakes that the Association will give full assistance to the player of this State provided the State may facilitate these two stadiums to the Association subject to payment of lease rent.
On this Mr. Amit Sinha, Sports Secretary submits that if such a proposal place before him by the Association the same will be considered in a positive way by putting certain conditions like lease rent other conditions, to maintain stadiums including to give regular coaching to the players for different sport activities daily. For this purposes, the Secretary of the Association is directed to submit a representation within a week to the Sports Secretary and thereafter the Sports Secretary is directed to decide the same by entering with an MOU with the Association and shall apprise this Court on the next date of hearing.
15. It is made clear that all the stadiums in the State are directed to remain open from 6:00 am to 8:00 pm mandatorily.
16. Since scope of the petition is being enlarged therefore Sport Secretary of State of Uttarakhand is impleaded as one party respondent. The counsel for the petitioner is directed to implead the said Authority as one of the respondent during course of the day and supply the copy of the petition in the office of Chief Standing Counsel.
816. It is made clear that since membership of some of the members have been revoked by the Ombudsman by order dated 15.05.2025, consequently, SGM of CAU is directed to include additional agenda for implementing the order of the Ombudsmand dated 15.05.2025, and after discussing on additional agenda first proceed further on the remaining agenda. It is made clear that the decisions taken in the meeting shall be subject to the final outcome of the writ petition.
17. Put up this matter on 01.07.2025 as part heard.
(Rakesh Thapliyal, J.) Parul