Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945 WP(C) NO. 432 OF 2021 PETITIONER/S:
SANTHOSH KARUNAKARAN FORMER RANJI TROPHY CRICKETER AND MEMBER, THIRUVANANTHAPURAM DISTRICT CRICKET ASSOCIATION,AGED 45 YEARS, S/O LATE KARUNAKARAN PILLAI, CRA 209, SOUPARNIKA, CHEMBAKASSERY, THIRUVANANTHAPURAM- 695008.
BY ADV RAJIT RESPONDENT/S:
1 BCCI, REPRESENTED BY ITS SECRETARY, JAY SHAH, 4TH FLOOR, CRICKET CENTRE, WANKHEDE STADIUM, D ROAD, CHURCH GATE, MUMBAI-400020.
2 KERALA CRICKET ASSOCIATION KCA COMPLEX, TC-24/13191), SASTHAMKOVIL ROAD, THYCAUD P O, THIRUVANANTHAPURAM, KERALA STATE-680104. REPRESENTED BY THE SECRETARY, SREEJITH V NAIR.
3 SREEJITH V NAIR AGED 47 YEARS SECRETARY KERALA CRICKET ASSOCIATION, KCA COMPLEX, TC-24/13191), SASTHAMKOVIL ROAD, THYCAUD P O, THIRUVANANTHAPURAM, KERALA STATE- 680104.
4 JAYESH K GEORGE AGED 51 YEARS JT.SECRETARY BCCI AND FORMER SECRETARY, KERALA CRICKET ASSOCIATION, FLAT NO C 72, DLF NEW TOWN, SEAPORT-AIRPORT ROAD, ECHAMUKKU, KAKKANAD, COCHIN-682037.
BY ADVS.
SRI.SUNIL SHANKER SRI.K.N.ABHILASH SRI.SUNIL NAIR PALAKKAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 432 OF 2021 2 JUDGMENT Petitioner, Santhosh Karunakaran, Former Ranji Trophy Cricketer and Member Thiruvananthapuram District Cricket Association, has approached this Court seeking the following reliefs:
a) Issue a writ of mandamus or any other appropriate writ order or direction commanding the 2nd respondent to withdraw the deviations/amendments made to Ext-P1 model Bye law, which is approved by the Hon'ble Supreme Court.
b) Issue a writ of mandamus or any other appropriate writ order or direction commanding the 2 respondent to ensure that all the units under the 2 respondent have to amend the Byelaw in tune with Ext-PI model Bye law.
c) Issue a writ of mandamus or any other appropriate writ order or direction commanding the 2 & 3 respondents not to take any action on the strength of the clauses deviating from the clauses in Ext-PI model Bye law, which is approved by the Hon'ble Supreme Court.
d) Issue a writ of mandamus or any other appropriate writ order or direction invalidating the decisions taken by the 2nd respondent based on the deviations/amendments made to Ext- PI model Bye law, which is approved by the Hon'ble Supreme Court.
e) Issue a writ of mandamus or any other appropriate writ order or direction commanding the 2 respondent not to conduct any election to the units of the 2 respondent association, or to the 2nd respondent association, with members who are disqualified as per the terms of Ext-P1 Byelaw.
f) Direct the Registrar of the High Court to initiate criminal proceedings against the 3rd and 4th respondent for filing false affidavit before the Hon'ble Supreme Court and obtaining orders.
WP(C) NO. 432 OF 2021 3 2.
On the basis of an order of the Supreme Court a committee in respect of Board of Control for Cricket of India (BCCI) under the Chairmanship of the former Supreme Court Justice Sri. R M Lodha was appointed and recommended that all the Cricket Associations in the country are required to amend the model byelaw. An Administrator Mr. Vinod Ray was appointed to observe whether such directions were complied with or not and till such time, it was made clear that the Kerala Cricket Association would not be granted any aid from the BCCI. Petitioner is aggrieved of the action of the respondents in not amending the byelaw strictly as per the directions and suggestions of the Lodha committee.
3.
Learned counsel appearing on behalf of the respondent has raised the objection qua the locus standi of the petitioner on the ground that the pleadings are conspicuously absent with regard to petitioner being the member of the Kerala Cricket Association.
Moreover the litigation at the instance of the cricketer seeking a relief cannot be perpetuated as personal cause.
4.
Learned counsel appearing on behalf of the petitioner submitted that for causing a deviation while amending the model law a contempt petition was filed in the Supreme court. Supreme court vide order dated 14.3.2019 granted liberty to seek the remedy in accordance with law. It is in that circumstances, the
WP(C) NO. 432 OF 2021 4 present writ petition has been filed.
5.
On the other hand, learned counsel for the respondent submitted that compliance report dated 17.9.2018 had already been submitted and there is no action taken by the BCCI with regard to the model byelaw. Petitioner cannot have a grievance to seek the amendment as per his whim and choice.
6.
I have heard the learned counsel for the parties and appraised the paperbook and of the view that the petitioner has no locus standi to file the writ petition on the ground that neither he is a member of any cricket association nor personal cause can be actuated for seeking the amendment of the model byelaw, as respondent, Kerala Cricket Association vide communication dated 17.9.2018, already submitted a compliance report and there is no objection. The question of locus standi was never looked into in the order dated 14.3.2019, Ext.P7 and therefore this Court is not prevented to deal with same. In this view of the matter, the writ petition is not maintainable and accordingly dismissed.
Sd/- sab AMIT RAWAL JUDGE
WP(C) NO. 432 OF 2021 5 APPENDIX OF WP(C) 432/2021 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE MODEL BYELAW PROPOSED BY THE HON'BLE JUSTICE LODHA COMMITTEE.
EXHIBIT P2 A TRUE COPY OF THE BYELAW OF THE KERALA CRICKET ASSOCIATION.
EXHIBIT P3 A TRUE COPY OF THE FORMAT OF THE COMPLIANCE CERTIFICATE WHICH WAS FORWARDED TO THE DIFFERENT STATE ASSOCIATIONS.
EXHIBIT P4 A CHART SHOWING THE DEVIATIONS FROM EXHIBIT P 1, WHICH IS MADE IN EXHIBIT P 2 BYELAW.
EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 06.05.2019 IN IA NO.01/2019 IN OA NO.02/2019 IN RESPECT OF THE SUSPENSION OF THE 1ST PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE LEGAL NOTICE SEND ON BEHALF OF THE 1ST PETITIONER.
EXHIBIT P7 A TRUE COPY OF THE HON'BLE SUPREME COURT ORDER DATED 14.03.2019.
EXHIBIT P8 A TRUE COPY OF THE HON'BLE SUPREME COURT ORDER DATED 09.12.2020.
Exhibit P9 A TRUE COPY OF THE MINUTES OF THE MEETING OF THE KERALA CRICKET ASSOCIATION DATED 29/9/2021 Exhibit P10 A TRUE COPY OF THE ORDER DATED 1/9/2021 IN S.M.NO.6/2019 & SM7/2019 OF THE HON'BLE OMBUDSMAN FOR KERALA CRICKET ASSOCIATION
WP(C) NO. 432 OF 2021 6 RESPONDENT EXHIBITS Exhibit R2[22].
TRUE COPY OF THE JUDGMENT DATED 22/1/2015 IN CIVIL APPEAL 4235/2014 REPORTED IN 2015KHC 4215 Exhibit R2[23] TRUE COPY OF THE RELEVANT PAGES OF THE LODHA COMMITTEE REPORT RELATED TO THE STATE ASSOCIATION Exhibit R2[24]:
TRUE COPY OF THE RELEVANT PAGE OF THE MODEL BYE-LAW PROPOSED BY THE LODHA COMMITTEE FOR THE BCCI Exhibit R2[25]:
TRUE COPY OF THE JUDGMENT DATED 18/7/2016 IN CIVIL APPEAL 4235/2014 REPORTED IN 2016 KHC 6483 Exhibit R2[26] TRUE LETTER AND SPIRIT. THE TRUE COPY OF THE JUDGMENT DATED 7/10/2016 REPORTED IN 2016 KHC 6824 Exhibit R2[27]:
TRUE COPY OF THE JUDGMENT DATED 21/10/2016 REPORTED IN 2016 KHC 6706 Exhibit R2[28] TRUE COPY OF THE E-MAIL DATED 28/4/2018 WITHOUT ATTACHMENT SENT BY THE KCA TO THE COA Exhibit R2[29]:
TRUE COPY OF THE E-MAIL DATED 8/5/2018 SENT BY THE COA TO THE KCA Exhibit R2 [31]:
TRUE OF THE JUDGMENT DATED 9/8/2018 IN CIVIL APPEAL 4235/2014 TITLED AS BCCI V/S CRICKET ASSOCIATION OF BIHAR &OTHERS REPORTED IN 2018 KHC 6572 Exhibit R2[32]:
TRUE COPY OF THE LETTER DATED 21-8-2018 ISSUED BY THE COMMITTEE OF ADMINISTRATORS ALONG WITH THE ATTACHMENT IS PRODUCED HEREWITH AND MARKED AS ExhibitR2[33]:
TRUE COPY OF THE FORMAT OF THE COMPLIANCE CERTIFICATE IN EXT R2 [32] COMMUNICATION Exhibit R2[34]:
TRUE COPY OF THE LETTER DATED 13/9/2018 OF THE DISTRICT REGISTRAR OF THE
WP(C) NO. 432 OF 2021 7 SOCIETIES Exhibit R2135]:
TRUE OF THE COPY COMMUNICATION DATED 14/09/2018 WITHOUT ATTACHMENTS SENT TO THE COMMITTEE OF ADMINISTRATORS BY THE KCA Exhibit R2[36]:
TRUE COPY CORRESPONDENCE DATED 16/9/2018, ALONG WITH THE ATTACHMENT ISSUED BY THE COA TO THE KCA Exhibit R2[37].
TRUE COPY COMPLIANCE CERTIFICATE AND THE EMAIL DATED 18/9/2018 SENT BY THE KCA TO THE COA Exhibit R2 [38]:
TRUE COPY OF THE LETTER DATED 1/10/2018 SENT BY THE KCA TO COA ExhibitR2[40]:
TRUE COPY OF THE MAIL DATED 29/10/2018 ISSUED BY THE COA TO THE KCA Exhibit R2[41]:
TRUE COPY OF THE RELEVANT 227-2 PAGES OF THE 10TH STATUS REPORT DATED 28/10/2018 SUBMITTED BY THE COA BEFORE THEAPEX COURT IN CA-4235/2014.
Exhibit R2[42]:
TRUE COPY OF COMMUNICATION DATED 3/11/2018 ISSUED BY THE COA TO THE KCA Exhibit R2[ 43]:
TRUE COPY OF THE EMAIL DATED 8/11/2018 WITHOUT ATTACHMENTS SEND BY KCA TO COA Exhibit R2[44]:
TRUE COPY OF THE COMMUNICATION DATED 14/11/2018 ISSUED BY THE COA TO KCA Exhibit R2 [45]:
TRUE COPY OF THE EMAIL DATED 26/11/2018 WITHOUT ATTACHMENTS ISSUED BY THE KCA TO COA Exhibit R2[46]:
TRUE COPY OF THE ORDER 272-282 DATED 14/3/2019 IN C.A-4235/2014 ON THE FILES OF THE HONORABLE APEX COURT Exhibit R2[47]:
TRUE COPY OF THE LETTER 283 DATED 21/3/2019 WITHOUT ATTACHMENTS SENT BY THE KCA TO COA
WP(C) NO. 432 OF 2021 8 ExhibitR2[48]:
TRUE COPY OF THE NOTICE 284-288 SENT BY ONE MR. ADV. PROMOD DATED 5/4/2019 THROUGH HIS LAWYER MR GOPLALAKRISHNAN TO COA RELEVENT PAGES Exhibit R2[49]:
TRUE COPY OF THE RELAVANT PAGES -MEETING AND DELIBERATIONS OF THE AMICUS CURIE OF THE BCCI FROM 2/4/2019 TO 18/4/2019 Exhibit R2[50]:
TRUE COPY OF THE LETTER ISSUED BY THE COA TO KCA DATED 22/4/2019 WITHOUT ATTACHMENT Exhibit R2 [51]:
TRUE COPY OF THE EXPLANATION DATED 23/4/2019 ISSUED BY THE KCA TO COA Exhibit R2 [52]:
TRUE COPY OF THE E-MAIL DATED 8TH MAY 2019 ISSUED BY THE BCCI TO RAISE INVOICE FOR 10 CR. + GST TOWARDS "ADVANCE AGAINST AMOUNT DUE TO ASSOCIATIONAD-HOC ADVANCE AS PER COA DIRECTIONS Exhibit R2[53]:
TRUE COPY OF THE RELEVANT PAGES OF THE MEETING AND DELIBERATIONS OF THE AMICUS CURIE FOR THE PERIOD STARTED FROM 11/5/2019 TO 7/10/19 Exhibit R2[54]:
TRUE COPY OF THE COMPLAINT DATED 9/9/2019 SENT BY THE PETITIONER TO THE COA Exhibit R2[55]:
TRUE COPY OF THE E-MAIL SENT BY THE COA DATED 27/9/19 TO THE KCA Exhibit R2[56]:
TRUE COPY OF THE EXPLANATION DATED 30/9/2019 SENT BY THE KCA TO COA Exhibit R2[57]:
TRUE COPY OF THE REPORT DATED 9/5/2019 SUBMITTED BY THE AMICUS CURIE IN C.A- 4235/2014 ON THE FILES OF THE HONORABLE APEX COURT IS PRODUCED HEREWITH AND MARKED AS Exhibit R2[58].
TRUE COPY OF THE JUDGMENT DATED 18/5/2021 IN WPC-4842/2021