Kerala High Court
O.K. Ramdas vs Kerala Cricket Association on 18 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 18TH DAY OF MAY 2021 / 4TH PHALGUNA, 1942
WP(C) NO 4842 OF 2021
PETITIONERS:
1. O.K. RAMDAS
S/O LATE T.V.KUNHIRAMAN NAIR, R/O D1U, MILLENIUM
APARTMENTS, JAGATHY, THYCAUD P.O.THIRUVANANTHAPURAM-695
014.
2. P.T.GODWIN,
S/O LATE T.GODWIN, R/O CHEMPAKA NAGAR, NO.60, TC NO
26/777, BAKERY JUNCTION, THIRUVANANTHAPURAM-695 001.
3. P.V.MANIKANTAN,
S/O VASUDEVAN, R/O VASAVI, DARSHAN NAGAR-625,
PEROORKADA, THIRUVANANTHAPURAM-695 005.
4. SREEKALA S.R,
W/O SURESH K.V. R/O AMMAVEEDU, KARINGAMTHURUTHU,
KONGORAPPILLY P.O.,ERNAKULAM-683 518.
5. T.PADMA,
D/O LATE S.RAMACHANDRA IYER, R/O E-4, ADYAR APARTMENTS,
5TH MAIN ROAD, KOTTUR GARDENS, KOTTURPURAM, CHENNAI-600
85.
BY ADV.JOSEPH KODIYANTHRA
ADV S.SHYAM KUMAR
RESPONDENTS:
1. KERALA CRICKET ASSOCIATION
REPRESENTED BY ITS SECRETARY, KCA COMPLEX, T.C.24/131,
SASTHAKOVIL ROAD, THYCAUD, THIRUVANANTHAPURAM-695 014.
2. BOARD OF CONTROLFOR CRICKET IN INDIA,
REPRESENTED BY ITS SECRETARY, 4TH FLOOR, CRICKET CENTRE,
WANKHEDE STADIUM D ROAD, CHURCHGATE, MUMBAI-400020,
INDIA.
BY ADVS K.N.ABHILASH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.5.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.4842/2021 2
JUDGMENT
SHAJI P.CHALY,J
This is a Public Interest Litigation filed by former cricket players in the State
of Kerala and are actively involved in promoting cricket in the State of Kerala.
Petitioners 1 & 2 were former Ranji Trophy players and are members of Indian
Cricketers Association (ICA) representing Kerala Cricket Association(KCA). The
grievance highlighted by the petitioners is the inaction on the part of the Kerala
Cricket Association to appoint a Chief Executive Officer (CEO) in terms of Exhibit
P3 Bye-laws and the rules framed thereunder. Kerala Cricket Association is a
registered body under the Travancore - Cochin Literary, Scientific and Charitable
Societies Registration Act, 1955.
2. The ground raised by the petitioners in the writ petition is basically that
even after a lapse of more than two years KCA has failed to complete the due
appointment of a CEO, which is an essential requirement under the Bye-law of the
KCA and an imperative measure to ensure professional management in Cricket
Administration. It is further contended that as per clause 23 of the Memorandum
of Association and Rules and Regulations of KCA, the day to day management of
KCA is vested with a full time CEO, who is a management professional, appointed
by the Apex Council. It is also submitted that various parameters are provided
under the said clause for determining the eligibility of the CEO and clause 24 of
the Bye-law enumerates the functions to be performed by the CEO for sound
management of KCA and therefore, failure to appoint such a key management
professional for the Association indicates the deliberate efforts taken by certain
individuals to prevent KCA from getting professional management.
3. The sum and substance of the contention advanced is that the
appointment is not made deliberately to ensure that the power is retained by
individuals, who are neither sportsmen nor professional management experts.
Another significant contention is that the functions of the Apex Council are being
appropriated in a manner contrary to the rules of the Bye-law and are completely
taken over by the General Body. According to the petitioners, the power is
conferred on the Apex Council under clauses 14 and 15 for the primary
responsibility in the matter of governance of the affairs of the KCA. Various other
contentions are also raised in order to secure the following reliefs:
i) Issue a writ, order or direction in the nature of mandamus or any other
appropriate writ, order or direction to the respondent No.1 to comply with
recommendations of the Lodha Committee, especially but not limited to the
appointment of CEO, conduct of audit, functioning of Apex Council.
ii) Issue a writ, order or direction in the nature of mandamus or any other
appropriate writ, order or direction to the respondent No.2 to cease transfer of
funds to respondent No.1 as per Clause 3(d)(b)(ix) till respondent No.1 fulfils
transparency conditions under Clause of bye-laws;
iii) Issue a writ, order or direction in the nature of mandamus or any other
appropriate writ, order or direction to the respondent No.1 to make applicable,
the recommendations of Lodha Committee to its District units.
iv) Issue a writ, order or direction in the nature of mandamus or any other
appropriate writ, order or direction to the respondent No.1 to make suitable
modifications in the bye-law to ensure that appointment and continuance of
the Ombudsman of Kerala Cricket Association remains free and free from
interference of the KCA office bearers;
v) Issue any other writ, order or any other writ, order or direction as this Hon'ble
court may deem fit in the facts and circumstances of the case.
4. We have heard Senior Advocate Sri.Joseph Kodiyanthra, assisted by Advocate
S.Shyam Kumar and Sri.K.N.Abhilash, learned counsel appearing for the 1st respondent -
Kerala Cricket Association and perused the pleadings and materials on record.
5. In fact a detailed counter affidavit is filed by the Kerala Cricket
Association refuting the allegations and claims and demands raised by the
petitioners. However, we are not proceeding to consider the merits of the matter
since the registered Bye-laws of the Kerala Cricket Association provides a clear
dispute redressal mechanism in order to sort out any issues raised by the
cricketers, member clubs etc. The Bye-laws of the Kerala Cricket Association is
formulated as per the judgment of the Hon'ble Apex Court in Civil Appeal
No.4235 of 2014 and connected matters dated 9 th August, 2018. Apparently the
Bye-law is prepared on the basis of recommendations made by Justice Lodha
Committee in its report, which was absolutely affirmed by the Hon'ble Supreme
Court in the aforementioned appeal. Clause 40 of the Bye-law contained under
Chapter IX deals with the Ombudsman for providing an independent dispute
resolution mechanism. The Ombudsman shall be a retired Judge of the Supreme
Court or a retired Judge of a High Court, appointed by KCA after obtaining his/her
consent and on terms as determined by KCA in keeping with the dignity and
stature of the office, and the term of the Ombudsman shall be one year, subject
to a maximum of 3 terms in office. Clause 40A prescribes that the power and
functions of an ethics officer and Ombudsman shall be discharged by a single
authority. Therefore, in our view, when there is a clear mechanism provided under
the Bye-law of KCA for dispute resolution, necessarily the petitioners have to
approach the said authority. It is not in dispute that a retired Judge of the High
Court of Kerala is appointed as the Ombudsman by the KCA. For sake of brevity,
clause 41 dealing with grievance redressal is extracted hereunder:
"41.GRIEVANCE REDRESSAL
(1) The types of disputes/ differences that form the Ombudsman's ambit and
the procedures for redressal are:
(a) Member. Association & Franchisee Disputes
Any disputes between or among the KCA, its Members, KPL Franchisees, Zones
and the Cricket Players 'Association shall be automatically referred to the
Ombudsman.
Procedure: Both parties would submit their arguments and a hearing would be
conducted following the principles of natural justice and exercising all powers
of enquiry and hearing as the Ombudsman deems fit before appropriate orders
are passed.
(b) Detriment caused by Member or Administrator
If any Member or any Administrator of the KCA commits any act of indiscipline
or misconduct or acts in any manner which may or likely to be detrimental to
the interest of the KCA or the game of cricket or endanger the harmony or
affect the reputation or ; interest of the KCA or refuses or neglects to comply
with any of the provisions of the Memorandum and/or the Rules and
Regulations of the KCA and/or the Rules of conduct framed by the KCA, the
Apex Council, on receipt of any complaint shall issue a show Cause Notice
calling for explanation and on receipt of the same and/ in case of no cause or
insufficient cause being shown, refer the same to the Ombudsman.
Procedure: The Ombudsman shall, after providing opportunity of hearing to
the parties concerned, pass an appropriate order.
(c) Misconduct or Breach by Others
In the event of any complaint being received from any quarter or based on
any report published or circulated or on its own motion, of any act of
indiscipline or misconduct or violation of any of the Rules and Regulations by
any Player, Umpire, Team Official, Selector or any person associated with the
KCA, the Apex Council shall refer the same within 48 hours to the CEO to
make a preliminary enquiry.
Procedure: The CEO shall forthwith make a preliminary inquiry and call for
explanations from the concerned person(s) and submit his report to the Apex
Council not later than 15 days from the date of reference being made by the
Apex Council. On receipt of the report, the Apex Council shall forward the
same to the Ombudsman, who shall call for all particulars and unless it
decides that there is no prima facie case and accordingly drops the charge,
hearing shall commence on the case and the same shall be completed as
expeditiously as possible by providing a reasonable opportunity to the parties
of being heard. If, despite due notice, any party fails to submit any cause or
submits insufficient cause, the Ombudsman shall after providing reasonable
opportunity of hearing to the parties concerned, pass appropriate order. In the
event any party refuses and or fails to appear despite notice, the Ombudsman
shall be at liberty to proceed ex-parte on the basis of the available records and
evidence.
(d) By the Public against the KCA
Where a member of the public is aggrieved, the same may be brought in the
form of a complaint to the Ombudsman.
(2) The place of hearing shall be decided by the Ombudsman from time to time.
The Ombudsman shall have the power to impose penalties as provided in the
bye law, Regulations for players, Team Officials, Administrators, Managers and
Match Officials of the KCA.
(3) The decision of the Ombudsman shall be final and binding and shall come into
force forth with on being pronounced and delivered.
(4) Any Administrator, Player, Match Official, Team Official, Selector or other
individual associated with the KCA on being found guilty and expelled by the KCA
shall forfeit all their rights and privileges. He or she shall not in future be entitled
to hold any position or office or be admitted in any committee or any role on the
KCA.
(5) A Member or Franchise once expelled, may, on application made after expiry
of three years since expulsion, be readmitted by the KCA, provided the same is
accepted at a General Body meeting by 3/4th members present and voting.
(6) Pending inquiry and proceeding into complaints or charges of misconduct or
any act of indiscipline or violation of any Rules and Regulations, the concerned
Member, Administrator, Player, Match Official, Team Official, or other individual
associated with the KCA (along with their respective privileges and benefits) may
be suspended by the ombudsman until final adjudication. However, the said
adjudication ought to be completed within six months, failing which the
suspension shall cease.
The ombudsman shall have power to pass an interim order as it deems fit."
6. On an analysis of the powers conferred on the Ombudsman it is clear
that the disputes raised by the petitioners are to be resolved by resorting to the
mechanism provided under the Bye-laws. We are also satisfied that the provisions
contained under clause 41 of the bye-laws prescribes a clear procedure for
dealing with any dispute between or among the KCA, its members, KPL
franchisees, zones and the Cricket Players Association by providing sufficient
opportunity of hearing and participation. Needless to say, without resorting to the
remedy provided under the Bye-laws, petitioners have invoked the extraordinary
jurisdiction conferred on this Court under Article 226 of the Constitution of India
and therefore, the writ petition cannot be entertained.
7. Therefore, the reliefs sought for in the writ petition are declined, however,
we are leaving open the liberty of the petitioners to approach the Ombudsman
constituted by the KCA in order to ventilate their grievances and we have no reason
to think that if any dispute is raised in regard to the appointment of CEO and other
matters in accordance with the procedure prescribed under the Bye-law, the
Ombudsman would not consider the same in accordance with the prescriptions
contained under the Bye-laws. We make it clear that all the questions of law and
facts raised in the writ petition are left open for consideration of the Ombudsman.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
smv JUDGE
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 - A TRUE COPY OF THE ORDER DATED 9.8.2018 IN CA NO 4235 OF 2014
PASSED BY THE HON'BLE SUPREME COURT
EXHIBIT P2 - A TRUE COPY OF THE BYELAW OF THE BYELAW OF BCCI
EXHIBIT P3 - A TRUE COPY OF THE BYELAW OF KCA
EXHIBIT P4 - A TRUE COPY OF A CHART DEPICTING DEVIATIONS MADE IN THE KCA
CONSTITUTION FROM THE BCCI CONSTITUTION
EXHIBIT P5 - A TRUE COPY OF THE MINUTE OF MEETING DATED 29.9.2019
EXHIBIT P6 - A TRUE COPY OF THE DRAFT MINUTES OF MEETINGS DATED 26.1.2020
EXHIBIT P7 - A TRUE COPY OF THE NOTICE OF MEETINGS OF GENERAL BODY ON
19.5.2020 AND 12.10.2020
EXHIBIT P8 - AN ILLUSTRATIVE CHART SHOWING USURPATION OF POWERS BY
GENERAL BODY
EXHIBIT P9 - A TRUE COPY OF THE EMAIL DATED 17.7.2020
EXHIBIT P10 - TRUE COPY OF THE EMAIL DATED 18.7.2020
EXHIBIT P11 - A TRUE COPY OF THE LETTER SENT BY KCA DATED 10.10.2020
EXHIBIT P12 - TRUE COPY OF THE RESPONSE DATED 31.10.2020 SENT BY ICA TO
KCA'S EMAIL
EXHIBIT P13 - A TRUE COPY OF THE RELEVANT EXCERPTS FROM THE XITH REPORT
OF THE COMMITTEE OF ADMINISTRATORS DATED 14.10.2019
EXHIBIT P14 - A TRUE COPY OF THE RULES FRAMED UNDER CLAUSE 41 OF THE
BYELAW FOR PURPOSE OF FILING COMPLAINT BEFORE THE OMBUDSMAN
EXHIBIT P15 - A TRUE COPY OF THE AFFIDAVIT DATED 17.9.2019 FILED BY JUSTICE
RAMKUMAR (RETD) BEFORE THIS HON'BLE COURT
EXHIBIT P16 - A TRUE COPY OF THE ORDER OF THE OMBUDSMAAN OF THE ANDHRA
CRICKET ASSOCIATION DATED 10.11.2020
EXHIBIT P17 - A TRUE COPY OF THE FINAL ORDER DATED 05.12.2020 IN O.A.NO.5/20
BEFORE THE OMBUDSMAN OF ANDHRA CRICKET ASSOCIATION.
