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Andhra Cricket Association ... vs The Chittoor District Cricket ... on 29 May, 2023

It is further stated that the Apex Members i.e., President, Vice- President, Secretary, Joint-Secretary, Treasurer, they represent different Full Members and they have been unanimously elected by all the 33 Full Members in the Annual General Body Elections 2022-2025. President and Vice- President are brothers; it does not mean that there is conflict of interest in electing brothers. None of the Full Members raised any objection during the elections. The 1st writ petitioner is not a Full Member. The 2nd Petitioner is not competent to challenge the elections since he is not a Full Member. And as mentioned above, both the petitioners do not have locus standi to file the present writ petition. If at all any Full Member is aggrieved, they can file a proper application under Sec 23 of the Societies Registration Act and this Hon'ble Court cannot decide the election petition. It is further stated that, the process of election cannot be interfered by way of a writ petition under Art 226 of the Indian Constitution. The Hon'ble Apex court in BCCI v. Cricket Association of Bihar & Ors arising in Civil Appeal No. 4235 of 2014 vide order dated 30-09-2022 has categorically held that "challenge to the elections which has taken place can be perused by adopting suitable remedies as are open in law. It is neither appropriate nor proper for this Court to enter into a 6 disputed question by entertaining an interlocutory application" Therefore, it is prayed to dismiss the present writ petition.
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