Kerala High Court
Sanjay A.R vs The Kerala Cricket Association on 18 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 18TH DAY OF MAY 2021 / 28TH VAISAKHA, 1943
WP(C) NO. 10479 OF 2020
PETITIONERS:
1. SANJAY A.R.,
AGED 47 YEARS,
S/O. A. RAGHAVAN,
ASWATHI HOUSE,
PALUVAI,
THRISSUR DISTRICT,
REPRESENTING PAVARTTY CRICKET CLUB
(MEMBER TRICHUR DISTRICT ASSOCIATION),
EX. EXECUTIVE MEMBER.
2. GEORGE K. JOSEPH,
AGED 47 YEARS,
S/O. JOSEPH,
KUNDUKULANGARA HOUSE,
PARAPPUR P.O., THRISSUR-680552,
REPRESENTING WAVES CRICKET CLUB PARAPPUR
(EX-TREASURER),
TRICHUR DISTRICT CRICKET ASSOCIATION.
3. K.M. LENIN,
AGED 56 YEARS,
DOOR NO.IV/6333,
MUNDOOR P.O., PIN-680541,
4. ARSHAD K. RAHIM,
AGED 47 YEARS,
S/O. RAHIM,
KOOLIYATTIL HOUSE, CHITTANJUR,
KUNNAMKULAM, THRISSUR,
REPRESENTING KUNNUMKULAM CRICKET CLUB.
BY ADV. SRI. RAJIT
W.P.(C) No.10479 & 13445 of 2020
:2:
RESPONDENTS:
1. THE KERALA CRICKET ASSOCIATION,
C.A. COMPLEX,
THYCAUD P.O.,
THIRUVANANTHAPURAM,
PIN-695014
REPRESENTED BY ITS SECRETARY SREEJITH V. NAIR.
2. THRISSUR DISTRICT CRICKET ASSOCIATION,
REPRESENTED BY THE ADMINISTRATOR,
KERALA CRICKET ASSOCIATION,
C.A. COMPLEX,
THYCAUD P.O.,
THIRUVANANTHAPURAM-695014
3. KING FISHER CRICKET CLUB,
MUTTATH PUSHPAKAM,
PERUVANAM P.O.,
CHERPU, PIN-680561,
THRISSUR DISTRICT,
REPRESENTED BY ITS SECRETARY JAYAKUMAR.
4. SPORTING WORLD CRICKET CLUB,
KOTTARATH HOUSE,
ARATTUPUZHA P.O.,
THRISSUR,
PIN-680562,
REPRESENTED BY ITS SECRETARY SACHIN K.
5. SASTHA CRICKET CLUB,
SRIVATSAM,
PALLISSERY ARATTUPUZHA P.O.,
THRISSUR,
PIN:680562,
REPRESENTED BY ITS SECRETARY
SURESH VENKITESWARAN
W.P.(C) No.10479 & 13445 of 2020
:3:
6. VILAKKATHUPADAM CRICKET CLUB,
THEKKOOT HOUSE,
VATTANATHRA P.O.,
AMBALLUR, THRISSUR PIN:680302,
REPRESENTED BY ITS SECRETARY,
MOHANDAS T MENON.
(RESPONDENT NOS.3 TO 6 ARE IMPLEADED AS ADDITIONAL
RESPONDENTS AS PER ORDER DATED 23.09.2020 IN IA
NO.1/2020)
R1 BY ADV. K.N.ABHILASH, SC
R2 BY ADV. K.B.PRADEEP
R1 BY ADV. SUNIL NAIR PALAKKAT
R1 BY ADV. P.B. MUHAMMED AJEESH
R1 BY ADV. M.A. AHAMMAD SHAHEER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.05.2021 ALONG WITH WPC.13445/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.10479 & 13445 of 2020
:4:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 18TH DAY OF MAY 2021 / 28TH VAISAKHA, 1943
WP(C) NO. 13445 OF 2020
PETITIONERS:
1. KING FISHER CRICKET CLUB,
MUTTATH PUSHPAKAM,
PERUVANAM P.O., CHERPU,
PIN -680 561, THRISSUR DISTRICT
REPRESENTED BY ITS SECRETARY JAYAKUMAR.
2. SPORTING WORLD CRICKET CLUB,
KOTTARATH HOUSE, ARATTUPUZHA P.O.,
THRISSUR, PIN - 680 562,
REPRESENTED BY ITS SECRETARY, SACHIN K.
3. SASTHA CRICKET CLUB,
SRIVATSAM, PALLISSERY ARATTUPUZHA P.O.,
THRISSUR, PIN - 680 562,
REPRESENTED BY ITS SECRETARY,
SURESH VENKITESWARAN.
4. VILAKKATHUPADAM CRICKET CLUB,
THEKKOOT HOUSE, VATTANATHRA P.O.,
AMBALLUR, THRISSUR, PIN - 680302,
REPRESENTED BY ITS SECRETARY
MOHANDAS T.MENON.
BY ADV. SRI. K.B.PRADEEP
RESPONDENTS:
1. THE OMBUDSMAN AND ETHICAL OFFICER,
KERALA CRICKET ASSOCIATION,
OFFICE OF THE OMBUDSMAN,
JAWAHARLAL NEHRU INTERNATIONAL STADIUM,
KALOOR, KOCHI - 682016.
W.P.(C) No.10479 & 13445 of 2020
:5:
2. THE KERALA CRICKET ASSOCIATION,
REPRESENTED BY ITS SECRETARY,
KCA COMPLEX, SASTHANKOVIL ROAD,
THYCAUD P.O.,
THIRUVANANTHAPURAM - 695014.
3. THE TRICHUR DISTRICT CRICKET ASSOCIATION,
REPRESENTED BY ITS ASSISTANT SECRETARY,
SPORTS COUNCIL AQUATIC COMPLEX,
KARUNAKARAN NAMBIAR ROAD,
THRISSUR - 680 020.
4. SANJAY A.R.,
AGED 47, S/O.A.RAGHAVAN,
ASWATHI HOUSE, PALUVAI,
THRISSUR DISTRICT, PIN-680522
REPRESENTING PAVARATTY CRICKET CLUB,
(MEMBER, TRICHUR DISTRICT CRICKET ASSOCIATION)
EX.EXECUTIVE MEMBER.
5. GEORGE K.JOSEPH,
AGED 47, S/O.JOSEPH, KUNDUKULANGARA HOUSE,
PARAPPUR P.O., THRISSUR- 680552,
REPRESENTING WAVES CRICKET CLUB PARAPPUR.
(EX-TREASURER),
TRICHUR DISTRICT CRICKET ASSOCIATION.
6. K.M.LENIN,
AGED 56, DOOR NO.IV/6333,
MUNDOOR P.O. - 680 541,
REPRESENTING KAIPARAMBU GRAMA PANCHAYAT SC,
(EX.PRESIDENT).
7. ARSHAD K.RAHIM
AGED 47 YEARS,
S/O.RAHIM, KOOLIYATTIL HOUSE,
CHITTANJUR, KUNNUMKULAM, THRISSUR - 680 503,
REPRESENTING KUNNUMKULAM CRICKET CLUB.
R2-3 BY ADV. SRI.K.N.ABHILASH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.05.2021 ALONG WITH WPC.10479/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.10479 & 13445 of 2020
:6:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.10479 and 13445 of 2020
`````````````````````````````````````````````````````````````
Dated this the 18th day of May, 2021
JUDGMENT
~~~~~~~~~
These writ petitions relate to election to the
Thrissur District Cricket Association and hence are being
heard together and disposed of by a common judgment.
2. Petitioners 1, 2 and 4 in W.P.(C) No.19479/2020
are persons representing three different Cricket Clubs
functioning in Thrissur District. The third petitioner is a citizen
interested in the issue. The writ petition has been filed
seeking to direct the first respondent-Kerala Cricket
Association (KCA) to immediately comply with Ext.P2 order
of the Ombudsman appointed as per the directions of the
Hon'ble Supreme Court, and to conduct elections to the
Thrissur District Cricket Association (TDCA) as per the
W.P.(C) No.10479 & 13445 of 2020
registered bye-law. The further prayers are to immediately
conduct election with the genuine 24 Clubs as held in Ext.P2
order of the Ombudsman, by appointing a neutral person as
returning officer to be fixed by this Court.
3. W.P.(C) No.13445/2020 has been filed by four
Cricket Clubs in Thrissur District seeking to quash Ext.P3
Common Order of the Ombudsman in OA Nos. 6 and 11 of
2019. The parties and exhibits are referred to in this
judgment as they are arrayed/marked in W.P.(C)
No.10479/2020, unless otherwise specified.
4. In W.P.(C) No.10479/2020, the petitioners
contended that the term of the earlier committee of TDCA
was over on 25.07.2017. On the expiry of the term, the KCA
was in charge of the TDCA. The KCA published a voters' list
dated 14.12.2018 for conducting elections to the Executive
Committee of TDCA. Only 24 Clubs were found eligible to
cast vote, in the voters' list published on 14.12.2018. The
claims of certain other Clubs were found by the KCA as
untenable.
W.P.(C) No.10479 & 13445 of 2020
5. The petitioners would submit that certain Clubs in
collusion with the KCA stalled election by filing Original Suit
in the Munsiff's Court, Kodungallur. Once the election
process was so stalled, the suits were unconditionally
withdrawn. Thereupon the 24 Clubs whose names were
included in the voters' list approached the Ombudsman filing
OA No.6/2019. They sought conduct of the election illegally
stopped. These Clubs contended before the Ombudsman
that 17 Clubs who were found to be fictitious Clubs, were not
eligible to cast vote in the election. The excluded 17 Clubs
also filed OA No.11/2019 before the Ombudsman seeking
right to vote.
6. On 22.08.2019, the Ombudsman passed Ext.P2
order directing the KCA to conduct elections to the TDCA
using the voters' list published on 14.12.2018. The KCA
however did not proceed with elections. Interlocutory
application was filed before the Ombudsman on 23.09.2019
seeking to direct the KCA to convene a meeting of the voters'
and conduct election under the supervision of a neutral
W.P.(C) No.10479 & 13445 of 2020
observer. The said interlocutory application was posted to
14.10.2019. Then, abruptly, the term of the Ombudsman
was terminated on 11.10.2019 by the KCA, contended the
petitioners.
7. Thereafter, in order to circumvent Ext.P2 order
passed by the Ombudsman, the KCA proposed to convene a
Special General Body meeting where the agenda "to discuss
and decide on the representation sent by Kasargod,
Kozhikode, Palakkad, Thrissur, Malappuram,
Pathanamthitta, District Cricket Associations with respect to
the elections of Office bearers and the Executive
Committee." The conduct of the KCA would show that they
are not interested in conducting elections in the TDCA. The
petitioners hence seek writs and directions of this Court to
command expeditious conduct of election to TDCA
complying Ext.P2 order of the Ombudsman.
8. The first respondent-Kerala Cricket Association
(KCA) filed a counter affidavit and contested the writ petition.
The KCA stated that since the year 2006, the Thrissur
W.P.(C) No.10479 & 13445 of 2020
District Cricket Association (TDCA) has been inundated with
factional feud. During the last 15 years, an elected body
governed the TDCA for only 7 years. The KCA administered
the TDCA from 2008 to 2013 and thereafter since 2017, the
KCA has been supervising its affairs. The TDCA suffers from
severe infights.
9. The KCA stated that in 2017 the KCA declared
elections to TDCA. While the election was under process,
one Mr. Pramod filed a W.P.(C) No.26961/2017 for a
direction to consider his representation. There was a
consensus to place the representation before the General
Body of the KCA which was scheduled to be held on
20.08.2017. This court recorded the statement of the KCA
and disposed of the writ petition. The General Body of the
KCA considered the representation and decided to refer the
dispute to an arbitral tribunal. An arbitral tribunal was
accordingly constituted.
10. In the meanwhile, two Clubs filed W.P.(C)
No.10249/2017 challenging the arbitral proceedings. The
W.P.(C) No.10479 & 13445 of 2020
KCA decided to proceed with the election to TDCA. While
so, OA No.6/2019 and OA No.11/2019 were filed by different
Clubs under the TDCA before the Ombudsman seeking
different reliefs. The Ombudsman thereupon passed Ext.P2
order in the aforesaid OAs. The Ombudsman directed to hold
the election to the Executive Committee of the TDCA by
giving voting rights to 24 Clubs only. The Ombudsman
denied voting rights to 17 other Clubs. The order was
passed by the Ombudsman ignoring the pendency of
statutory arbitral proceedings. The KCA filed a clarification
petition dated 14.01.2020 in OA Nos.6/2019 and 11/2019.
The said clarification petition is still pending.
11. In the meanwhile the KCA noted certain
irregularities in the membership given to certain educational
institutions in Changanassery, Kanjirappally, Vaikom and
Pala, in Kottayam District. Affiliation given to those
educational institutions were converted by some individuals
and the Clubs were made their own personal Clubs. On the
basis of this revelation, the KCA decided to verify the present
W.P.(C) No.10479 & 13445 of 2020
status of commercial firms, companies, offices, educational
institutions etc. affiliated with 14 District Cricket Associations
all over Kerala. As a part of this verification process, the
Administrator of the TDCA filed Ext.R1(5) report. The report
divulged that affiliation was given to 11 commercial firms/
companies/offices/educational institutions in Thrissur District.
The report further revealed that out of the said the 11
institutions, Infonet Cricket Club, Apex Cricket Club, Cyber
Prism Cricket Club and Surabhi Cricket Academy were the
institutions which were granted affiliation by the TDCA and
that now those institutions are shut down and the affiliations
given to such institutions were converted by some individuals
and retained those affiliations to their personal Clubs,
contrary to the decision of the TDCA taken at the time of
affiliation. The names of these Clubs were also among the 24
Clubs made mention in the voters' list published on
14.12.2018.
12. On the basis of the report, the KCA issued
registered letters on 21.04.2020 to those four Clubs directing
W.P.(C) No.10479 & 13445 of 2020
them to produce the registration details / documents to prove
the existence of their firm/ commercial institution/educational
institution. The four Clubs failed to produce registration
details and other supporting documents. However,
challenging the notices, the Apex Cricket Club filed OS
No.871/2020, Infonet Cricket Club filed OS No.870/2020 and
Cyber Prism Cricket Club filed OS No.872/2020 before the
Munsiff's Court, Thrissur. The fourth Club namely Surabhi
Cricket Academy did not even send a reply to the KCA in
response to the notice. These original suits are pending
consideration.
13. The meeting of the KCA held on 01.06.2020
considered and discussed the issue as agenda No.6 and
decided to disaffiliate those institutions if such institutions fail
to produce the registration details/relevant records to prove
that such commercial firms, companies, offices, educational
institutions etc. to which the membership was originally
issued are existing/functioning. The KCA cannot ignore such
fatal irregularities in the District Cricket Associations in the
W.P.(C) No.10479 & 13445 of 2020
State, contended the first respondent.
14. W.P.(C) No.13445/2020 has been filed by four
Cricket Clubs in Thrissur District, aggrieved by the decision
of the Ombudsman denying them voting rights in the TDCA.
In the writ petition, the petitioners stated that they were given
permanent membership in TDCA by the KCA itself. When
the petitioners were required to produce
registration/documents, the petitioners produced abundant
proof to show that the allegations that the petitioners are fake
Clubs, was incorrect. The petitioners produced documents
showing that necessary subscriptions were paid and the
petitioners had played league matches. However, all these
pieces of evidence were discounted by the Ombudsman
without assigning any reason. The Ombudsman refused to
appreciate the documentary evidence produced by the
petitioners in support of their pleadings and dismissed the
OA No.11/2019 filed by the petitioners.
15. The petitioners in W.P.(C) No.13445/2020
contended that the Ombudsman, having found that the KCA
W.P.(C) No.10479 & 13445 of 2020
excluded the petitioners from the voters' list without hearing
them, ought to have relegated the issue back to the KCA for
reconsideration. The finding of the Ombudsman that there is
no no purpose in remanding the issue to the KCA, as the
matter may sooner or later reach back to the Ombudsman for
adjudicating its correctness, is not a reason at all for
usurping the power of the original authority. The finding of
the Ombudsman on the plea of "audi alteram partem", is
totally unsustainable on principles of law and binding judicial
pronouncement on the subject, contended the petitioners in
W.P.(C) No.13445/2020.
16. The learned counsel for the petitioner in W.P.(C)
No.10479/2020 argued that this Court has a duty to see that
the tactics adopted by the KCA to defeat legally binding order
of the Ombudsman, is nipped in the bud in order to sustain
the confidence of citizens in the judicial system. When the
Ombudsman has directed the KCA to conduct election to the
TDCA on the basis of the voters' list published on
14.12.2018, in which 24 Clubs are voters, the KCA cannot be
W.P.(C) No.10479 & 13445 of 2020
permitted to further make alterations in the voters' list.
17. The learned counsel for the petitioners further
urged that this Court should take serious note of the attempt
of the KCA officials to mislead this Court. The KCA had
justified the exclusion of four Clubs from the voters' list on
the basis of alleged obtaining of materials/documents to
show that the applications made in the year 2002 were not
that of the Clubs. In fact, no such documents exist and no
such document has been produced before this Court. The
four excluded Clubs have been participating in all elections
conducted from 2002 to 2017 and were also elected as
members of the TDCA.
18. In the elections held to the TDCA on 07.10.2020,
only 11 Clubs participated. As many as 13 Clubs out of the
24, did not participate as a mark of protest over the illegal
manner in which the election was being conducted. As the
majority of the voters' are against the faction now elected, the
election held is only a mockery of justice. As the elections
were held during the pendency of the writ petition, this Court
W.P.(C) No.10479 & 13445 of 2020
has power, which has to be exercised to set right the gross
illegality shown by the KCA, contended the learned counsel
for the petitioner.
19. The learned counsel for the KCA argued that the
four Clubs, whose affiliations were cancelled, were bogus
entities misusing the original affiliation granted to certain
other institutions. After the Ombudsman passing Ext.P2
order, there was change in circumstances as far as the
voters' list was concerned and when bogus voters are
included in the voters' list, the KCA is duty-bound to rectify
those defects in the voters' list, failure of which will make the
elections a mockery.
20. The petitioners 1 to 3 contested in the elections
held and lost. The fourth respondent who contested was
elected to the Executive Committee of the TDCA. After
losing the election, now it cannot be argued that voting rights
were not given to 4 Clubs and hence the election is not in
accordance with Ext.P2 order. The writ petitioners have not
amended the pleadings so as to challenge the elections held.
W.P.(C) No.10479 & 13445 of 2020
The newly elected office bearers are not arrayed as parties.
Therefore, the election conducted on 07.10.2020 cannot be
interfered with in this writ petition, argued the counsel for the
KCA.
21. The learned counsel for the petitioners in W.P.(C)
No.13445/2020 urged that the petitioners in the writ petition,
who are Clubs excluded by the KCA from the voters' list,
were so excluded without providing them a fair hearing and
in gross violation of fair play and the principles of natural
justice. Though the petitioners were required to produce
documents, they were not informed that the requisition is as
a part of an enquiry proceedings to weed out the ineligible.
The 17 excluded Clubs produced as many as 41 documents
before the Ombudsman. But, the Ombudsman failed to
appreciate the intrinsic value of those documents.
22. When the 17 Clubs swore that they were not
heard by the KCA, the Ombudsman ought to have remitted
the cases to be decided by the KCA afresh. The KCA has
the characters of a living organism which can very well adapt
W.P.(C) No.10479 & 13445 of 2020
to the needs of the time. It was for the KCA to decide the
eligibility of the petitioners for continued affiliation and to
vote. The Ombudsman has not applied his mind while
passing Ext.P2 Common Order.
23. As regards the writ petition filed by the petitioners
in W.P.(C) No.14079/2020, the learned counsel pointed out
that those petitioners have not approached any authority to
redress their grievances. They have alternate remedy. They
cannot approach this Court seeking a writ of mandamus, in
the absence of a demand and denial.
24. I have heard the learned counsel for the
petitioners in both the writ petitions and the counsel
representing the Kerala Cricket Association.
25. Though the learned counsel for the petitioners in
W.P.(C) No.10479/2020 and the learned counsel for the
petitioners in W.P.(C) No.13445/2020 made extensive
arguments explaining the history of the disputes that existed
in the TDCA Elections, this Court do not deem it necessary
to delve into all those disputes, since the lis to be decided in
W.P.(C) No.10479 & 13445 of 2020
these two writ petitions are confined to the sustainability or
otherwise of Ext.P2 order passed by the Ombudsman and
the action of the KCA in proceeding with the elections to the
TDCA, excluding four Clubs which the KCA found to be
ineligible for continued affiliation.
26. The petitioners in OA No.6/2020 before the
Ombudsman approached the Ombudsman with the following
prayers:-
"(a) To direct the 1st respondent (KCA) to
conduct the elections to the TDCA from the stage
where it was stopped and using the voters' list that
was published on 14.12.2018.
(b) To direct the 1st respondent not to take
any action on the basis of Agenda item No.7 in Ext.P1
without obtaining prior orders from this Hon'ble forum.
(c) To direct the first respondent not to
include any other clubs in the final Voters List which
was published on 14.12.2018, without obtaining prior
orders from this Hon'ble forum.
(d) To direct the 1st respondent to maintain
the status quo in respect of the administration of
TDCA till the entire dispute is resolved."
The grievance of the petitioners before the Ombudsman was
that the KCA after refusing the voting rights to 18 Clubs, was
collusively attempting to re-induct them and restore their
W.P.(C) No.10479 & 13445 of 2020
voting rights through the back door. In that context, the
Ombudsman ordered in OA No. 6/2019 that the Election to
the Executive Committee of TDCA shall be conducted
expeditiously on the strength of Voters' List containing 24
Clubs, published on 14.12.2018.
27. Thereafter, the KCA noticed that memberships
given to educational institutions in Kottayam District Cricket
Association, to NSS Hindu College Changanassery, St.
Dominic's College Kanjirappally, St. Xavier College Vaikom
and St. Joseph's College of Engineering and Technology
Choondacherry, Pala were converted by some individuals
and retained those Clubs as their personal Clubs in order to
obtain back door entry to District Cricket Association. In
such circumstances, the KCA decided to verify the
membership given to Commercial Firms, Companies,
Offices, Educational Institutions, Government or service
Clubs, etc. in other District Cricket Associations also. It was
on the basis of such a Statewide scrutiny that the KCA, in
Thrissur District, decided to exclude four Clubs which were
W.P.(C) No.10479 & 13445 of 2020
found to be converted as personal Clubs.
28. OA No.6/2020 was filed by the petitioners in the
context of the alleged attempt of the KCA to give voting rights
to 17 Clubs who were not included in the Voters' List
published on 14.12.2018. It was in that context that the
Ombudsman directed the KCA to hold elections based on the
said Voters' List. However, the KCA disaffiliated four more
Clubs from the said List, on the basis of a Statewide scrutiny
warranted subsequent to the order of the Ombudsman.
29. True, it would have been appropriate for the KCA
to bring such changes in the Voters' List to the notice of the
Ombudsman. But, this Court finds that even in such
circumstance, setting aside the election held on 07.10.2020
would not be in anybody's interest for the following reasons.
30. Firstly, the four Clubs subsequently excluded were
found to be converted into personal Clubs having severed
their connection with the establishments/institutions which
started and run those Clubs. The exercise of identifying and
disaffiliation of such Clubs was part of a Statewide scrutiny.
W.P.(C) No.10479 & 13445 of 2020
Therefore, it cannot be said that the exclusion of four Clubs
in Thrissur District by the KCA was intended to illegally
influence the Election process of TDCA.
31. When the KCA issued notice requiring to produce
registration and other related documents, one of the four
Clubs did not respond to the notice at all, thereby raising
suspicion of the very existence of the Club. The documents
produced by the remaining Clubs were found to be wanting
by the KCA, to establish their credentials. Permitting such
Clubs to participate in the DCA Elections would not be in the
interest of the Cricketing game.
32. Secondly, those Clubs have not challenged their
exclusion approaching this Court. It is stated that three of
the four Clubs have approached a Civil Court challenging the
pre-affiliation notices issued to them by the KCA. If the Civil
Court is considering the issue and that too at the instances of
directly affected parties, it will be only appropriate for this
Court to leave the issue to be decided by the competent Civil
Court. Furthermore, in W.P.(C) No.10479/2020, the prayer
W.P.(C) No.10479 & 13445 of 2020
of the petitioners is to conduct elections as ordered by the
Ombudsman based on the Voters' List published on
14.12.2018. The Elections held on 07.10.2020 are not
challenged amending the writ petition. Neither the four
excluded Clubs nor the newly elected Office-bearers are
parties to this writ petition.
33. Furthermore, the petitioners have participated in
the elections held on 07.10.2020 and one of the petitioners is
elected to the Executive Committee. The TDCA has been
governed by KCA from 2008 to 2013 and again from 2017
KCA has been supervising its affairs. For all the afore
reasons, this Court is of the considered view that no orders
are warranted in W.P.(C) No.10479/2020, at the instance of
petitioners.
34. As regards W.P.(C) No.13445/2020, the challenge
of the petitioners therein is against the Common Order of the
Ombudsman, by which the Ombudsman has upheld the
exclusion of the petitioners from the Voters' List. The
argument of the petitioners is that they were denied
W.P.(C) No.10479 & 13445 of 2020
opportunity of being heard and principles of fair hearing were
not extended by KCA before disqualifying them. The
petitioners point out that the 17 Clubs arbitrarily excluded,
had produced 41 documents to establish their credentials,
but the Ombudsman did not apply his mind properly while
deciding the issue.
35. This Court finds that the Ombudsman considered
the issue in paragraphs 15 and 16 of the Common Order and
noted that there is no evidence to show that these Clubs paid
the admission fee as required under the common bye-laws.
No receipts were produced by the Clubs to show that they
have paid annual subscriptions. The Ombudsman found that
going by Clause 11(iii) of the Common bye-laws, any Club
whose subscription is in arrears and whose membership has
not been revived or who has not played any league matches
shall cease to be a Member of the Association. The
applicants in OA No.11/2019 were denied voting rights in the
year 2013 and the decision of the General Body meeting
held on 12.04.2013 is to that effect.
W.P.(C) No.10479 & 13445 of 2020
36. The Ombudsman further held that just because
these Clubs were described as permanent Clubs, it cannot
be assumed that they had acquired the eligibility criteria
under Rule 10(c) of the Blue book. The Ombudsman also
noted that these Clubs did not challenge the said decision
affecting their voting rights. The KCA sent letters to all the
17 Clubs (including the petitioners in W.P.(C)
No.13445/2020) asking them to produce evidence to
establish that they were permanent Clubs having Voting
rights. The Ombudsman held that when such opportunity
was given, it is idle for the Clubs to contend that they were
denied opportunity of being heard.
37. This Court finds that the Ombudsman has
considered the issue in detail, examining all materials
available before the Ombudsman, and came to the
conclusion that the exclusion of the petitioners was in
compliance of the principles of natural justice and is justified.
This Court do not find any reason to set aside the findings of
the learned Ombudsman.
W.P.(C) No.10479 & 13445 of 2020
For the reasons stated above, this Court is of the
view that the writ petitioners have failed to establish any case
warranting interference by this Court under Article 226 of the
Constitution of India. W.P.(C) No.10475/2020 and W.P.(C)
No.13445/2020 would therefore stand dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/17.05.2021
W.P.(C) No.10479 & 13445 of 2020
APPENDIX IN WPC NO.10479/2020
PETITIONER'S EXHIBITS :
EXHIBIT P1 - TRUE COPY OF THE JUDGMENT IN WA 689/2009.
EXHIBIT P2 - TRUE COPY OF THE ORDER DATED 22/08/2019
PASSED BY THE HON'BLE OMBUDSMAN IN OA NO.6/2011 AND OA
NO.11/2011.
EXHIBIT P3 - TRUE COPY OF THE COMMUNICATION DATED
19/05/2020 ISSUED BY THE SECRETARY, KCA.
EXHIBIT P4 - TRUE COPY OF THE EMAIL COMMUNICATION
RECEIVED FROM THE PLAYERS REPRESENTATIVES OF THE APEX
COUNCIL OF KERALA CRICKET ASSOCIATION.
EXHIBIT P4(A) - TRUE COPY OF THE ORDER OF THE OMBUDSMAN
DATED 20/8/2019
EXHIBIT P5 - TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONERS AND OTHER QUALIFIED CLUBS BEFORE THE
HON'BLE OMBUDSMAN DATED 23/9/2019
EXHIBIT P6 - TRUE COPY OF THE AFFIDAVIT FILED BY THE
HON'BLE OMBUDSMAN BEFORE THIS HON'BLE COURT
EXHIBIT P7 - TRUE COPY OF THE PLAINT FILED IN OS
NO.870/2020
EXHIBIT P8 - TRUE COPY OF THE PLAINT FILED IN OA
NO.871/2020
EXHIBIT P9 - TRUE COPY OF THE PLAINT FILED IN OS
NO.872/2020
EXHIBIT P10 - TRUE COPY OF THE AFFIDAVIT FILED BY THE
COUNSEL
EXHIBIT P11 - TRUE COPY OF THE APPLICATION FILED BY THE
1ST RESPONDENT UNDER SEC.340 CR.P.C
EXHIBIT P12 - TRUE COPY OF THE SHOW CAUSE NOTICE DATED
8/1/2021
EXHIBIT P13 - TRUE COPY OF THE ORDER DATED 26/7/2018
RESPONDENTS' EXHIBITS:
EXHIBIT R1(1) - THE TRUE COPY OF THE JUDGMENT IN WPC
NO.26961/2017 DATED 17.08.2017 OF THIS HON'BLE COURT
W.P.(C) No.10479 & 13445 of 2020
EXHIBIT R1(2) - THE TRUE COPY OF THE MINUTES DATED
20.08.2017 OF THE GENERAL BODY OF KCA HELD AT
THODUPUZHA.
EXHIBIT R1(3) - THE TRUE COPY OF THE CLARIFICATION
PETITION DATED 14.01.2020 IN O.A. NO.6/2019 AND
O.A.NO.11/2019 SUBMITTED BY THE KCA BEFORE THE OMBUDSMAN
OF THE KCA
EXHIBIT R1(4) - THE TRUE COPY OF THE MAIL COMMUNICATION
DATED NIL SENT BY THE 1ST RESPONDENT TO DISTRICT
ASSOCIATIONS
EXHIBIT R1(5) - THE TRUE COPY OF THE REPORT DATED
21.03.2020 SUBMITTED BY THE ADMINISTRATOR OF THE 2ND
RESPONDENT
EXHIBIT R1(6) - THE TRUE COPY OF THE NOTICE DATED
21.04.2020 ISSUED BY THE 1ST RESPONDENT
EXHIBIT R1(7) - THE TRUE COPY OF THE NOTICE DATED
21.04.2020 ISSUED BY THE 1ST RESPONDENT
EXHIBIT R1(8) - THE TRUE COPY OF THE NOTICE DATED
21.04.2020 ISSUED BY THE 1ST RESPONDENT TO THE SECRETARY
CYBER PRISM CRICKET CLUB
EXHIBIT R1(9) - THE TRUE COPY OF THE NOTICE DATED
21.04.2020 ISSUED BY THE 1ST RESPONDENT TO THE
SECRETARY, SURABHI CRICKET ACADEMY
EXHIBIT R1(10) - THE TRUE COPY OF THE REPLY DATED
30.04.2020 ISSUED BY THE PRESIDENT, APEX CRICKET CLUB TO
THE 1ST RESPONDENT.
EXHIBIT R1(11) - THE TRUE COPY FO THE REPLY DATED
29.04.2020 ISSUED BY THE SECRETARY, INFONET CRICKET CLUB
TO THE 1ST RESPONDENT
EXHIBIT R1(12) - THE TRUE COPY OF THE REPLY DATED
29.04.2020 ISSUED BY THE SECRETARY, CYBER PRISM CRICKET
CLUB TO THE 1ST RESPONDENT.
EXHIBIT R1(13) - THE TRUE COPY OF THE NOTICE DATED
19.05.2020 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT R1(14) - THE TRUE COPY OF THE REPORT OF THE
ELECTION OFFICER MR.SASINDHARAN NAIR DATED 09/10/2019.
EXHIBIT R1(15) - THE TRUE COPY OF THE E-MAIL
COMMUNICATION DATED 14/11/2018 SENT BY THE COMMITTEE OF
ADMINISTRATORS APPOINTED BY THE HON'BLE SUPREME COURT IN
C.A.4235/2014 TO 1ST RESPONDENT.
EXHIBIT R1(16) - TURE COPY OF THE 10TH STATUS REPORT
SUBMITTED BY THE COMMITTEE OF ADMINISTRATORS APPOINTED
BY THE HON'BLE APEX COURT DATED 28/10/2018.
W.P.(C) No.10479 & 13445 of 2020
EXHIBIT R1(17) - THE TRUE COPY OF THE APPLICATION DATED
03/12/2019 SUBMITTED BY PETITIONERS IN UNNUMBERED
WPC.NO.51083/2019 OF THIS HON'BLE COURT.
EXHIBIT R1(18) - THE TRUE COPY OF THE AFFIDAVIT DATED
16/07/2020 IN OS.NO.871/2020 EXECUTED BY THE OPPOSITE
COUNSEL ON THE FILES OF MUNSIFF'S COURT, THRISSUR.
EXHIBIT R1(19) - THE TRUE COPY OF THE AFFIDAVIT FILED
UNDER SEC.340 CR.PC FILED BY THE 1ST RESPONDENT.
EXHIBIT R1(20) - THE TRUE COPY OF THE CONTEMPT
APPLICATION WITHOUT EXHIBITS FILED BY ONE MR.SANTHOSH
KARUNAKARAN DATED 15/09/2020 OF THIS HON'BLE COURT.
EXHIBIT R1(21) - THE TRUE COPY OF THE SMS SEND BY THE
PETITIONER'S COUNSEL DATED 16/09/2019 TO MR.JAYESH
GEORGE.
EXHIBIT R1(22) - THE TRUE COPY OF THE E-MAIL SENT BY
MR.P.J.THOMAS TO THE PRESENT OMBUDSMAN OF THE KCA.
W.P.(C) No.10479 & 13445 of 2020
APPENDIX IN WPC NO.13445/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 - TRUE COPY OF O.A.NO.11 OF 2019.
EXHIBIT P2 - TRUE COPY OF O.A.NO.6 OF 2019.
EXHIBIT P3 - CERTIFIED COPY OF THE COMMON ORDER DATED
22/08/2019 IN O.A.NO.11/2019 & O.A.NO.6 OF 2019.
SR
