[Cites 6, Cited by 0]
Rajasthan High Court - Jodhpur
Devi Singh vs State Of Rajasthan on 16 March, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:12196]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2564/2026
Devi Singh S/o Champalal, Aged About 39 Years, Resident F
Taliya, Bhatelai Purohitan, Bamboor Darjiyan, Jodhpur, Presently
Joint Organising Secretary, District Cricket Association, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Cooperative/societies Department, Jaipur.
2. Registrar Of Cooperative Societies, Rajasthan Nehru
Sahakar Bhawan, Bhawani Singh Road, Jaipur, Rajasthan.
3. Rajasthan Cricket Association (Rca), North Pavilion, Sawai
Mansingh Stadium, Near Ambedkar Circle, Jaipur,
Rajasthan 302005.
4. D.d. Kumawat @ Deendayal Kumawat S/o Satyanarayan
Kumawat, Convener, Rca, North Pavilion, Sawai Mansingh
Stadium, Near Ambedkar Circle, Jaipur, Rajasthan
302005.
----Respondents
For Petitioner(s) : Mr. Prateek Kasliwal
Ms. Supriya Saxena
Ms. Varnali Purohit
For Respondent(s) : Dr. Sachin Acharya, Sr. Adv., through
V.C.
Mr. Ravi Bhansali
Mr. Vishan Das Vaishnav for
Mr. P.R. Mehta
Mr. Arpit Samaria, AAAG
Mr. Ravindra Choudhary for
Mr. N.S. Rathore, AAG
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
Reserved on: 10/03/2026
Pronounced on: 16/03/2026
By way of filing the present writ petition under Article 226 of
the Constitution of India, the petitioner has prayed for the
following reliefs:
"It is, therefore, most humbly and respectfully prayed that
this Hon'ble Court may graciously be pleased to:
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I. Declare that Respondent No.4 D.D. Kumawat @ Shri
Deendayal Kumawat stood automatically disqualified and ceased
to be a member of the Executive Committee and Convener of
Rajasthan Cricket Association with effect from the date of
framing of criminal charges i.e. 18.09.2025, in terms of Article
26(B) (C) (g) of the Constitution of Rajasthan Cricket
Association;
II. Quash and set aside all actions, decisions and proceedings
undertaken by Respondent No.4 after 18.09.2025 being illegal,
void and without jurisdiction;
III. Direct Respondent No.2 Registrar, Societies, Rajasthan to
forthwith enforce the disqualification provisions of RCA
Constitution and remove Respondent No.4 from all positions held
in RCA;
IV. Issue appropriate writ, order or direction directing dated
31.10.2025 Respondent No.2 to expeditiously decide and
conclude the complaint (Annexure-3) within a fixed time frame
by conducting a fair, independent and impartial inquiry;
V. Direct initiation of disciplinary and legal action against
Respondent No.4 and other RCA officials found involved in
corruption, suppression of evidence and misuse of authority;
VI. Restrain Respondent No.4 from exercising any power,
authority or function in Rajasthan Cricket Association during
pendency of inquiry and proceedings;
VII. Pass any other appropriate order or direction which this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case in the interest of justice.
VIII. Any other appropriate, order or direction, which this Hon'ble
Court considers just and proper in the facts and circumstances of
this case, may kindly be passed in favour of the petitioner."
2. The present writ petition challenges the appointment of
respondent No.4 - D.D. Kumawat @ Deendayal Kumawat as the
Convener of the Ad hoc Executive Committee of the Rajasthan
Cricket Association, mainly on the ground that the appointment is
violative and contrary to Article 26 of the bye-laws of the
Rajasthan Cricket Association. A further prayer has also been
made in the present writ petition seeking directions for initiation of
disciplinary and legal action against respondent No.4 and other
officials of the Rajasthan Cricket Association (RCA) allegedly
involved in corruption and misuse of authority.
3. Having gone through the prayer clause, this Court finds that
the challenge to the appointment of respondent No.4 as Convener
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of the Ad hoc Executive Committee of the Rajasthan Cricket
Association is entirely distinct from the prayer seeking directions
for disciplinary and legal action against him and other RCA officials
on allegations of corruption and misuse of authority. Since the
reliefs sought arise out of different causes of action, this Court
proposes to adjudicate the dispute concerning the appointment of
respondent No.4 as Convener of the Ad hoc Executive Committee
of the Rajasthan Cricket Association, while granting liberty to the
petitioner to approach the appropriate legal forum in respect of
the other grievances and prayers made in the present writ
petition, if so advised.
4. Learned counsel for the petitioner submitted that the
Registrar, Cooperative Societies, Rajasthan, Jaipur, vide order
dated 27.06.2025, appointed respondent No.4 as Convener of the
Ad hoc Executive Committee of the Rajasthan Cricket Association
in exercise of the powers conferred under Section 24(1)(a) of the
Rajasthan Sports (Registration, Recognition and Regulation of
Associations) Act, 2005. Learned counsel further submitted that
the Rajasthan Cricket Association, which is affiliated with the
Board of Control for Cricket in India, is governed by its bye-laws.
Learned counsel further submitted that Article 26 of the bye-laws
of the Rajasthan Cricket Association, in unequivocal terms,
provides that any member of the Executive Committee shall cease
to be a member upon incurring any disqualification. According to
him, Clause (g) of Article 26 clearly stipulates that once a
competent criminal court of law frames criminal charges against
any member of the Executive Committee, such person shall stand
disqualified from holding any post in the RCA.
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5. Learned counsel for the petitioner submitted that a Criminal
Case No.92/2019 is pending against respondent No.4 before the
competent criminal court at Sambhar Lake, Jaipur, wherein
charges were framed against him and other co-accused persons
for the offences punishable under Sections 188 and 149 of the IPC
on 18.09.2025. Consequently, respondent No.4 stood disqualified
from holding the post of Convener of the Ad hoc Executive
Committee of the Rajasthan Cricket Association with effect from
18.09.2025. Any decision taken by respondent No.4 subsequent to
18.09.2025, i.e., the date of framing of charges against him, is
illegal, void and without jurisdiction.
6. At this stage of the arguments before this Court, learned
Senior Counsel appearing on behalf of respondent No.4 sought to
intervene and submitted that the competent criminal court, by a
common order dated 18.09.2025, framed charges under Sections
188 and 149 IPC against 21 persons, including respondent No.4
and one Sunil Kumar. Being aggrieved by the order dated
18.09.2025 framing charges, Sunil Kumar filed S.B. Criminal Misc.
(Petition) No.6711/2025 titled 'Sunil Kumar v. State & Anr.' before
the Hon'ble Rajasthan High Court, Bench at Jaipur. The co-
ordinate Bench of this Court at Jaipur, after hearing the parties, by
a detailed order dated 01.11.2025, held that in the absence of the
accused, the substance of the accusation had merely been
recorded and explained orally to the counsel appearing on their
behalf and, therefore, the order framing charges was not
sustainable in the eyes of law.
7. Learned counsel submitted that the order framing charges
against the respondent No.4 and other co-accused persons had
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already been quashed and set aside by the co-ordinate Bench of
this Court at Jaipur much prior to the filing of the present writ
petition. However, the petitioner, with a view to mislead this Court
and obtain a favourable order, deliberately concealed the aforesaid
fact. Learned counsel further submitted that it is well settled that
a person who has not approached the Court with clean hands is
not entitled to any relief. Hence, the writ petition deserves to be
dismissed with exemplary costs.
8. In rebuttal, learned counsel for the petitioner submitted that
although it is true that the co-ordinate Bench of this Court at
Jaipur declared the order framing charges against respondent
No.4 and other co-accused persons to be bad in the eyes of law,
respondent No.4 had nonetheless incurred disqualification to hold
or continue as Convener of the Ad hoc Executive Committee of the
Rajasthan Cricket Association immediately upon the framing of
charges against him vide order dated 18.09.2025. Learned
counsel submitted that respondent No.4 ought to have ceased to
function and refrained from taking any decisions in the capacity of
Convener of the Ad hoc Committee of the Rajasthan Cricket
Association immediately after the framing of charges against him.
Consequently, all decisions taken by respondent No.4 subsequent
to 18.09.2025 in his capacity as Convener of the Ad hoc
Committee of the Rajasthan Cricket Association are void and
without jurisdiction.
9. Learned counsel further submitted that the order framing
charges dated 18.09.2025 passed by the competent criminal court
against respondent No.4 was interfered with by the High Court on
technical grounds, namely that the substance of the accusation
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had been recorded in the absence of the accused persons.
Therefore, respondent No.4 is not entitled to participate in the
management activities of the RCA on the strength of the order
dated 01.11.2025 passed in S.B. Criminal Misc. (Petition)
No.6711/2025.
10. Heard.
11. Having heard learned counsel for the parties and upon
perusal of the order dated 01.11.2025 passed by the co-ordinate
Bench of this Court at Jaipur in S.B. Criminal Misc. (Petition)
No.6711/2025, this Court finds that since the charges framed
against the respondent No.4 has been set aside by co-ordinate
Bench of this Court at Jaipur, the disqualification allegedly incurred
by respondent No.4 to hold the post of Convener of the Ad hoc
Executive Committee of the Rajasthan Cricket Association no
longer survives. Thus, the ground based on Article 26 of the bye-
laws of the RCA for seeking removal of respondent No.4 from the
post of Convener of the Ad hoc Executive Committee has
disappeared.
12. This Court is not inclined to entertain the argument with
regard to the decisions taken by respondent No.4 as Convener of
the Ad hoc Executive Committee of the Rajasthan Cricket
Association during the period from 18.09.2025 to 01.11.2025, i.e.,
the date on which charges were framed against him and the date
on which they were set aside by the High Court, as respondent
No.4 presently does not suffer from any disqualification to hold
the post in question in terms of Article 26 of the bye-laws of the
RCA. Further, no challenge to his appointment as Convener of the
Ad hoc Executive Committee of the Rajasthan Cricket Association
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was made during the period from 18.09.2025 to 01.11.2025. In
absence of any such challenge at the relevant point of time, the
actions and decisions taken by the respondent No.4 in discharge
of his official functions cannot be permitted to be assailed at a
belated stage.
13. In view of the aforesaid discussion, the present writ petition
stands dismissed.
14. The stay petition and all pending applications, if any, also
stand dismissed.
(KULDEEP MATHUR),J
181-himanshu/-
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