Kerala High Court
Sambasiva Sharma.K vs The Kerala Cricket Association on 30 September, 2021
WP(C) NO. 26059 OF 2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
WP(C) NO. 26059 OF 2018
PETITIONER/S:
SAMBASIVA SHARMA.K
AGED 33 YEARS
S/O. DR.S. KRISHNA SHARMA, AGED 33 YEARS, RESIDING
AT SRIPATHY, VEERABHADRA GARDENS, PATTOM P.O.,
THIRUVANANTHAPURAM - 695 004.
BY ADVS.
SRI.AJIT JOY
SRI.ANEESH JAMES
RESPONDENT/S:
1 THE KERALA CRICKET ASSOCIATION
KCA COMPLEX, T C-24/131 (1), SASTHAMKOVIL ROAD,
THYCAUD, THIRUVANANTHAPURAM - 695 014, REPRESENTED
BY ITS SECRETARY.
2 BOARD OF CRICKET FOR CRICKET IN INDIA BCCI
4TH FLOOR, CRICKET CENTRE WANKHEDE STADIUM, D ROAD,
CHURCH GATE, MUMBAI - 400 100 REPRESENTED BY ITS
SECRETARY.
3 COMMITTEE OF ADMINISTRATORS
O/O. THE BCCI, CRICKET CENTRE, WANKHEDE STADIUM, D
ROAD, CHURCH GATE, MUMBAI - 400 100, REPRESENTED BY
ITS CHAIRMAN.
BY ADVS.
SUNIL SHANKER, SC,BCCI
SRI.K.N.ABHILASH, R1
UNNIKRISHNAN.S.
SRI.SUNIL NAIR PALAKKAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 26059 OF 2018 2
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No.26059 of 2018
--------------------------------------
Dated this the 30th day of September, 2021
JUDGMENT
The above writ petition is filed with following prayers :
"i. To issue a writ in the nature of mandamus or
any other appropriate writ order or direction
commanding the respondents 2 and 3 to appoint an
independent auditor, in accordance with
recommendations of the Lodha Committee as
accepted by the Honourable Apex Court in BCCI v.
Cricket Association of Bihar (2016)8 SCC 535, to
conduct a forensic audit of the accounts of the 1st
respondent association from the financial year 2007-
2008 onwards and to verify the manner in which the
1st respondent has expended the grants given to
them by the BCCI within a time frame to be fixed by
this Honourable Court and to produce the same
before this Honourable Court;
ii. To issue a writ in the nature of mandamus or
any other appropriate writ order or direction
commanding the respondents 2 and 3 to initiate
appropriate civil and criminal proceedings, based on
the findings of the report of such independent
auditor, to mulct liability on those office bearers of
the 1st respondent association who are found
responsible for misappropriation and squandering of
the funds granted by the 2nd respondent;
iii. Grant such other reliefs as may be prayed for
and as the court may deem fit to grant and
iv. Grant the cost of the writ petition."
2. The grievance of the petitioner is that there is lack
of accountability prevailing in the affairs of the 1 st respondent-
Association. The funds are ultimately intended for the
development and promotion of cricket by establishment of
new grounds, provisions of equipments and facilities for the
budding cricketers and for aiding the grass root clubs.
According to the petitioner, there is corruption, embezzlement
of funds and lack of accountability on the part of the various
office bearers of the 1st respondent over the past decade.
Hence, the writ petition is filed with the above prayers.
3. Heard the learned counsel for the petitioner and the
learned Standing Counsel for the 1st respondent. I also heard
the learned Standing Counsel, who is appearing for the 2nd
respondent.
4. The counsel for the petitioner reiterated his
contentions in the writ petition and submitted that a forensic
audit of the accounts of the 1st respondent-Association from
the financial year 2007-2008 onwards is necessary, in the
facts and circumstances of the case. The counsel also
submitted that the Ombudsman may not be able to resolve the
issue. On the other hand, the learned counsel for the 1 st
respondent submitted that as per the bye law, a retired High
Court Judge of this Court is appointed as the Ombudsman and
the petitioner can raise all his contentions before the
Ombudsman and Ombudsman will do the needful, in
accordance to law.
5. The learned counsel, who appeared for the 2 nd
respondent takes me through the statement filed on behalf of
the 2nd respondent and submitted that the matter can be
referred to the Ombudsman appointed as per the bye law of
the 1st respondent.
6. After hearing both sides, I think, it is a matter to be
looked into by the Ombudsman. Therefore, without going to
the merit of the case, the petitioner can be given liberty to
raise his grievance before the Ombudsman appointed by the
1st respondent. If such a petition is filed, the 1 st respondent
will refer the matter to the Ombudsman and the Ombudsman
can do the needful, in accordance to law.
Therefore, this writ petition is disposed in the following
manner :
1) The petitioner is free to file a complaint narrating
his grievance before the 1st respondent, as per the
procedure prescribed within one month from the
date of receipt of a copy of this judgment.
2) The 1st respondent will forward the same to the
Ombudsman as per the procedure within one week
from the date of receipt of the complaint, if it is
otherwise in order.
3) The Ombudsman will consider the same and take
appropriate steps, in accordance to law, as
expeditiously as possible.
4) All the contentions raised by the petitioner in this
writ petition are left open.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 26059/2018
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PORTION OF THE LIST
OF MEMBER CLUBS OF THE TDCA AS OBTAINED FROM
HTTP://TRIVANDRUMCRICKET.COM/WP-
CONTENT/UPLOADS/2018/01/TDCA-2018-CLUB-LIST.PDF.
EXHIBIT P2 A TRUE COPY OF THE NOTICE OF GENERAL BODY HELD ON
02.08.2017 AND LIST OF MEMBERS PERMITTED TO
ATTEND AND PARTICIPATE IN THE ELECTIONS.
EXHIBIT P3 A TRUE COPY OF THE INTERNAL AUDIT REPORT DATED
29.06.2007.
EXHIBIT P4 A TRUE COPY OF THE REPORT OF THE STATUTORY
AUDITORS DATED 27.07.2007.
EXHIBIT P5 A TRUE COPY OF THE RELEVANT PORTION OF THE
MEETING OF THE 1ST RESPONDENT'S EXECUTIVE
COMMITTEE DATED 06.01.2008.
EXHIBIT P6 A TRUE COPY OF THE INSPECTION AND FEASIBILITY
REPORT.
EXHIBIT P7 A TRUE COPY OF THE LETTER DATED 03.03.2009
ADDRESSED BY THE CEO, IVC TO THE THEN SECRETARY
OF THE 1ST RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE MOU DATED 22.03.2009.
EXHIBIT P9 A TRUE COPY OF THE QUICK VERIFICATION REPORT IN
CMP 792/2011 ON THE FILES OF THE ENQUIRY
COMMISSIONER AND SPECIAL JUDGE COURT, THRISSUR.
EXHIBIT P10 A TRUE COPY OF THE RELEVANT PORTION OF THE KCA
ANNUAL REPORT 2010-11.
EXHIBIT P11 A TRUE COPY OF THE NEWS ARTICLE DATED 17.04.2015
PUBLISHED EXPRESS NEWS SERVICE (THE INDIAN
EXPRESS)
EXHIBIT P12 A TRUE COPY OF THE JUDGMENT DATED 15.07.2015 IN
W.P.(C)11822/2013 AND CONNECTED CASES.
EXHIBIT P13 A TRUE COPY OF THE EXCERPTS FROM THE ANNUAL AUDIT
REPORTS FOR THE YEARS 2010-2011 TO 2014-15.
EXHIBIT P14 A TRUE COPY OF THE RELEVANT PAGE OF THE STATEMENT
OF ACCOUNTS CONTAINED IN THE KCA ANNUAL REPORT
2011-12.
EXHIBIT P15 A TRUE COPY OF THE RELEVANT PAGE OF THE STATEMENT
OF ACCOUNTS CONTAINED IN THE KCA ANNUAL REPORT
2014-15.
EXHIBIT P16 A TRUE COPY OF THE NEW ARTICLE DATED 07.03.2017
PUBLISHED IN ONLINE NEWS PORTAL OF OUTLOOK
MAGAZINE.
EXHIBIT P17 A TRUE COPY OF THE DETAILS OF PAYMENTS PUBLISHED
BY THE 2ND RESPONDENT IN
HTTP:WWW.BCCI.TV/NEWS/2018/BCCI-
NEWS/17450/DETAILS-OF-PAYMENT-MADE-TO-STATE-
CRICKET-ASSOCIATIONS-2012-2017.
EXHIBIT P18 A TRUE COPY OF THE ORDER DATED 05.07.2018 IN
O.A.NO. 1 OF 2017 OF THE OMBUDSMAN CUM-ETHICS
OFFICER.
EXHIBIT P19 A TRUE COPY OF THE MINUTES OF MEETING DATED
07.08.2018 OF THE COA.
EXHIBIT P20 ORDER OF THE HON'BLE SUPREME COURT IN CIVIL
APPEAL NO.4235/2014 DATED 22/10/2019
RESPONDENT'S EXHIBITS :
Ext. R1(A) TRUE COPY OF THE ORDER DATED 7.5.2018 IN WPC NO
1163/2017 OF THE HON'BLE APEX COURT
EXT.R1(B) TRUE COPY OF THE REPORT IN WPC NO. 1163/2017
DATED 22.10.2018 ON THE FILES OF THE HON'BLE
SUPREME COURT OF INDIA SUBMITTED BY THE COMMITTEE
OF ADMINISTRATORS
