District Cricket Association, ... vs Rajasthan Cricket Association
2022 Latest Caselaw 6429 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 14678/2022

District Cricket Association, Dausa & Ors.
                                                                    ----Petitioners
                                      Versus
Rajasthan Cricket Association & Ors.
                                                                  ----Respondents

For Petitioner(s)           :     Mr. Abhinav Sharma
For Respondent(s)           :     Mr. Rajendra Prasad, Sr. Adv. with
                                  Mr. Prateek Kasliwal
                                  Ms. Supriya Saxena
                                  Mr. Tanmay Mangal
                                  Mr. Samaksh Dasot
                                  Ms. Varnali Purohit
                                  Ms. Priyanka Sharma
                                  Ms. Ayushi Raghuvanshi
                                  Ms. Harshita Thakral



      HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

                                      Order

29/09/2022

This writ petition has been filed, inter-alia, assailing the

legality and validity of the election process initiated vide notice

dated 08.09.2022 as also the eligibility of the respondent No.2 to

function as Election Officer.

Learned Senior Counsel for the respondent No.1/caveator

raised preliminary objection as to maintainability of the writ

petition. He submits that in the earlier writ petition filed by the

petitioners No.1 & 2 bearing SB Civil Writ Petition No.13855/2022,

neither legality and validity of the election notice dated

08.09.2022 nor, the eligibility of the respondent No.2 as Electoral

Officer, was challenged and in view thereof, the prayers made in

the instant writ petition are hit by the provisions of Order 2 Rule 2

(2 of 5) [CW-14678/2022]

CPC. He, relying upon a judgment of Hon'ble High Court of

Himachal Pradesh in case of Vinod Kumar versus Union of

India & Ors.: Civil Writ Petition No.1879/2019:

Manu/HP/0725/2021, would submit that the aforesaid

provisions of CPC are also applicable in the writ jurisdiction. He

submits that once the petitioners have submitted to the

jurisdiction of the Electoral Officer by raising objections as to the

validity of the Electoral roll before him, they are estopped by the

principle of acquiescence from assailing his appointment. He

submits that the election process has started on 08.09.2022; but,

the appointment of the Electoral Officer has been assailed at the

eleventh hour. Relying upon judgments of Hon'ble Apex Court of

India in cases of Shri Sant Sadguru Janardan Swami

(Moingiri Maharaj) Sahakri Dugdha Utpadak Sanstha & Anr.

versus State of Maharasthra & Ors.: (2001) 8 Supreme

Court Cases 509 & Shaji K. Joseph versus V. Viswanath &

Ors.: (2016) 4 Supreme Court Cases 429, learned Senior

Counsel would submit that this Court should not interfere with the

ongoing election process. Drawing attention of this Court towards

the provision of Section 16 of the of the Rajasthan Sports

(Registration, Recognition and Regulation of Associations) Act,

2005 (for brevity "the Act of 2005"), learned Senior Counsel

submits that the petitioners have an alternative remedy of

approaching the Arbitrator and hence, this writ petition is not

maintainable. He submits that under the constitution of the

Rajasthan Cricket Association also, there are provisions providing

alternative mechanism such as arbitration or the Ombudsman for

redressal of the grievances of the petitioners. Learned Senior

Counsel would submit that right to contest election is a statutory

(3 of 5) [CW-14678/2022]

right which is governed by the statutory provisions and election of

the respondent No.1-Association is being conducted in accordance

with the Act of 2005 and its constitution which does not warrant

any interference by this Court. He, therefore, prayed that the writ

petition be dimissed as not maintainable.

Per contra, learned counsel for the petitioners, relying upon a

judgment of Hon'ble Apex Court of India in case of Brahma

Singh & Ors. versus Union of India & Ors.: (2020) 12

Supreme Court Cases 762, submits that the provisions of Order

2 Rule 2 CPC are inapplicable in writ jurisdiction. Referring to the

judgment of Hon'ble Apex Court of India in case of Board of

Control for Cricket versus Cricket Association of Bihar &

Ors.:(2016) 8 Supreme Court Cases 535, learned counsel

submitted that entire emphasis of the Justice Lodha Committee

recommendation, which have been accepted and approved by the

Hon'ble Supreme Court, was on conducting free and fair election

in the cricket associations through an independent and impartial

Election Officer whose integrity is beyond an iota of doubt. Inviting

attention of this court towards the objections dated 23.09.2022

raised before the Election Officer, learned counsel submitted that

since, the Electoral Officer, the respondent No.2, happens to be

Chairman of the High Level Committee constituted by the

Government of Rajasthan on 13.03.2022 to look into the demand

of new districts in the State of Rajasthan, tenure of the Committee

being till 13.03.2023, its entire expenditure being met by the

Treasury of the Government of Rajasthan and the Honorary

President of the respondent No.1-Association being son of the

Hon'ble Chief Minister of Rajasthan, impartiality and independence

of the Electoral Officer is under clouds and it can safely be

(4 of 5) [CW-14678/2022]

assumed that there would not be transparent, impartial and fair

election of the respondent No.1-association. With regard to delay

in preferring the writ petition, he submits that although, the

Electoral Officer was appointed vide order dated 08.09.2022; but,

the petitioners came to know of him heading the High Level

Committee constituted in March, 2022 recently only, i.e., after

filing their objections before him and therefore, the principle of

estoppel and acquiescence have no applicability in the present

case.

With regard to contention of the learned Senior Counsel for

the respondent No.1 as to non-interference by this Court in the

on-going election process, learned counsel submitted that a

Coordinate Bench of this Court has, in SB Civil Writ Petition

No.6831/2020: Dausa District Kabaddi Association versus

Rajasthan State Kabaddi Association involving identical

controversy, vide its order dated 10.07.2022, after hearing the

learned counsels for the respective parties, restrained the

respondent No.2 therein from conducting the election of the

Kabaddi Association scheduled on 12.07.2020 as the Court was of

the view that fair and transparent election must be conducted for

the Association. He submits that the order dated 10.07.2020 was

unsuccessfully challenged by the respondents by way of a DB

Special Appeal (Writ) No.656/2020 which came to be disposed of

by the Division Bench of this Court vide order dated 07.12.2021

without interfering with the order dated 10.07.2020 on its merit.

He, therefore, prayed that the preliminary objection raised by the

learned Senior Counsel for the respondent No.1/caveator are not

tenable and the writ petition needs to be decided on its merit.

(5 of 5) [CW-14678/2022]

After hearing the learned counsels for the respective parties,

this Court is not satisfied that the writ petition deserves to be

dismissed at the threshold on the preliminary objections raised by

the learned Senior Counsel for the respondent No.1/caveator and

is of the view that it requires hearing on its merit. At this stage,

learned Senior Counsel for the respondent No.1 submits that he

may be permitted to address the arguments on merit of case.

However, the Court time is already over and due to paucity of

time, it would not be possible to continue the hearing and

conclude it today. In view thereof, the matter is directed to be

listed tomorrow i.e. on 30.09.2022 at top of the cause-list.

However, in view of the fact that election of the respondent-

Association is scheduled for tomorrow morning, taking into

consideration the contentions advanced by the learned counsels

for the respective parties, the nature and gravity of objections

raised by the petitioners as to impartiality and independence of

the respondent No.2, the Election Officer, in their communication

dated 23.09.2022 and the letter and spirit of the judgment of

Hon'ble Apex Court of India in case of Board of Control for

Cricket (supra), this Court deems it just and proper to direct the

respondents to keep in abeyance the election of the respondent

No.1-Association till further order is passed in this writ petition

tomorrow.

(MAHENDAR KUMAR GOYAL),J

Manish/s-296

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