Anand Jee vs The Bihar Cricket Association ...
2023 Latest Caselaw 3788 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.18426 of 2022
     ======================================================

Anand Jee, Son of Jitendra Kumar Singh, Resident of Village- Sakaddi, Post Office- Sakaddi, Police Station- Jalalpur, District- Saran.

... ... Petitioner/s Versus

1. The Bihar Cricket Association through President 46, Patliputra Colony, Police Station- Patliputra, District- Patna.

2. The President, Bihar Cricket Association, 46, Patliputra Colony, Police Station- Patliputra, District- Patna.

3. The Secretary, Bihar Cricket Association, 46, Patliputra Colony, Police Station- Patliputra, District- Patna.

4. The Committee of Management, Saran District Cricket Association, Ramrajya Chowk, Dahiyawan, Chapra- 841301.

5. Sanjay Kumar Singh, the ex-President, Committee of Management Saran District Cricket Association, Ramrajya Chowk, Dahiyawan, Chapra- 841301.

6. Indu Kumari, the President, Committee of Management Saran District Cricket Association, Ramrajya Chowk, Dahiyawan, Chapra- 841301.

7. Amarnath Dubey, the Vice President, Committee of Management Saran District Cricket Association, Ramrajya Chowk, Dahiyawan, Chapra- 841301.

8. Rajneesh Kumar Singh, The Secretary, Committee of Management Saran District Cricket Association, Ramrajya Chowk, Dahiyawan, Chapra- 841301.

9. Chandan Kumar Sharma, the Joint Secretary, Committee of Management Saran District Cricket Association, Ramrajya Chowk, Dahiyawan, Chapra- 841301.

10. Nilam Kumari, the Treasurer, Committee of Management Saran District Cricket Association, Ramrajya Chowk, Dahiyawan, Chapra- 841301.

11. The District Sports Officer, Saran, Chapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarvadeo Singh, Advocate For the Respondent/s : Mr. Raju Giri, Advocate Mr. Harsh Vardhan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 17-08-2023 Patna High Court CWJC No.18426 of 2022 dt.17-08-2023

Heard Mr. Sarvadeo Singh, learned counsel appearing

on behalf of the petitioner and Mr. Raju Giri, learned counsel

representing the Bihar Cricket Association.

2. At the outset, learned counsel representing the

Bihar Cricket Association raises the preliminary objection with

regard to the maintainability of the present writ application in

view of the judgment rendered by the learned Division Bench of

this Court in the case of Kumar Arvind Vs. The Bihar Cricket

Association and others (C.W.J.C. No. 2809 of 2022).

3. Learned counsel for the petitioner submits that the

Committee of Management, Saran District Cricket Association

has been constituted in a most arbitrary and mechanical manner,

the election of which has also been conducted by ignoring all

norms, procedures and guidelines of Lodha Committee. Taking

into consideration the irregularities/infirmities in constitution of

the Committee, the District Sports Officer, Saran, Chapra has

taken cognizance, but the respondent Bihar Cricket Association,

who is competent body to look into the matter, is sitting tight

over the matter.

4. In the aforesaid premise, the petitioner seeks

quashing /dissolution of the election of the Committee of

Management, Saran District Cricket Association, which was Patna High Court CWJC No.18426 of 2022 dt.17-08-2023

held on 21.08.2022.

5. Having gone through the averments made in the

writ petition, as also the submissions made on behalf of the

learned counsel for the petitioner, prima facie, the matter relates

to the affairs of the members of the Management Committee of

a Cricket Association and any irregularity in constitution of the

Management Committee is undoubtedly an outcome of internal

dispute among the office bearers of the Association.

6. Needless to observe that no Rules or Regulation has

been brought on record regulating the affairs of the office

bearers and their right and entitlement. This Court has also gone

through the judgment rendered by the Division bench, as

referred hereinabove, and finds substance in the submission

made on behalf of the learned counsel for the respondent Bihar

Cricket Association, wherein the learned Division Bench of this

Court has declined to entertain the writ petition under Article

226 of the Constitution of India after taking into consideration

the nature of controversy, which was primarily an outcome of

internal dispute among the office bearers of the Bihar Cricket

Association lying within the realm of private law.

7. In view of the nature of the relief sought for in the

present writ petition, as also the facts, circumstances and the Patna High Court CWJC No.18426 of 2022 dt.17-08-2023

position obtaining in law, the present writ application invoking

extraordinary jurisdiction under Article 226 of the Constitution

of India is, prima facie, not maintainable.

8. However, the petitioner shall be at liberty to seek

remedy under ordinary course of law before a court of

competent jurisdiction or any other appropriate forum, as may

be permissible to him.

9. Accordingly, the present writ application stands

disposed of.

(Harish Kumar, J) uday/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.08.2023
Transmission Date       NA