Tripura High Court
Shri Timir Chanda vs Tripura Cricket Association on 18 January, 2022
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HIGH COURT OF TRIPURA
AGARTALA
CRP NO.95 OF 2021
Shri Timir Chanda
Son of Late Kajal Chanda aged about 46 years, resident of
56, H.G.B. Road, PS. West Agartala, PO & Sub-Division-
Agartala, District-West Tripura, Pin-799001;
......... Petitioner
Vs.
1. Tripura Cricket Association,
Post Office Chowmuhani, P.S. -West Agartala, PO & Sub-
Division-Agartala, District-West Tripura, represented by its
Secretary;
2. Dr. Manik Saha, President, Tripura Cricket Association,
Post Office Chowmuhani, PS. -West Agartala, PO & Sub-
Division-Agartala, District-West Tripura.
3. Sri Joylal Das, Vice President, Tripura Cricket
Association, Post Office Chowmuhani, PS. -West Agartala,
PO & Sub-Division-Agartala, District-West Tripura.
4. Sri Kishore Kr. Das, Jt. Secretary, Tripura Cricket
Association, Post Office Chowmuhani, PS. -West Agartala,
PO & Sub-Division-Agartala, District-West Tripura.
5. Sri Tapash Ghosh, Treasurer, Tripura Cricket
Association, Post Office Chowmuhani, PS. -West Agartala,
PO & Sub-Division-Agartala, District-West Tripura.
6. Sri Satyendra Nath, Councilor, Apex Council, Tripura
Cricket Association, Post Office Chowmuhani, PS. -West
Agartala, PO & Sub-Division-Agartala, District-West Tripura.
7. Sri Shusankar Saha, Councilor, Apex Council Tripura
Cricket Association, Post Office Chowmuhani, PS. -West
Agartala, PO & Sub-Division-Agartala, District-West Tripura.
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8. Sri Subham Roy, Councilor, Apex Council Tripura
Cricket Association, Post Office Chowmuhani, PS. -West
Agartala, PO & Sub-Division-Agartala, District-West Tripura.
9. Sri Nabadul Banik, Councilor, Apex Council Tripura
Cricket Association, Post Office Chowmuhani, PS. -West
Agartala, PO & Sub-Division-Agartala, District-West Tripura.
10. Sri Dipak Ray, Councilor, Apex Council Tripura Cricket
Association, Post Office Chowmuhani, PS. -West Agartala,
PO & Sub-Division-Agartala, District-West Tripura.
11. MD. Nazmul Hossain, Councilor, Apex Council Tripura
Cricket Association, Post Office Chowmuhani, PS. -West
Agartala, PO & Sub-Division-Agartala, District-West Tripura.
12. Sri Ashish Bhattacharjee, Councilor, Apex Council
Tripura Cricket Association, Post Office Chowmuhani, PS. -
West Agartala, PO & Sub-Division-Agartala, District-West
Tripura.
13. Sri Babul Dutta, Councilor, Apex Council Tripura
Cricket Association, Post Office Chowmuhani, PS. -West
Agartala, PO & Sub-Division-Agartala, District-West Tripura.
14. Sri Sumanta Deb Roy, Councilor, Apex Council Tripura
Cricket Association, Post Office Chowmuhani, PS. -West
Agartala, PO & Sub-Division-Agartala, District-West Tripura.
15. Sri Kamal Dasgupta, Councilor, Apex Council Tripura
Cricket Association, Post Office Chowmuhani, PS. -West
Agartala, PO & Sub-Division-Agartala, District-West Tripura.
16. Sri Jayanta Dey, Councilor, Apex Council Tripura
Cricket Association, Post Office Chowmuhani, PS. -West
Agartala, PO & Sub-Division-Agartala, District-West Tripura.
17. Sri M.N. Reddy, Member of Apex Council(Nominated
Male Representative of Accountant General Tripura) Tripura
Cricket Association, Post Office Chowmuhani, PS. -West
Agartala, PO & Sub-Division-Agartala, District-West Tripura.
18. Sri Arup Debbarma, Member of Apex
Council(Nominated Male Representative of Indian Cricketers
Association) Tripura Cricket Association, Post Office
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Chowmuhani, PS. -West Agartala, PO & Sub-Division-
Agartala, District-West Tripura.
......Respondents
For the Petitioner(s) : Mr. S. Lodh, Advocate.
For the Respondent(s) : Mr. A. Sengupta, Advocate.
Date of hearing and delivery of
Judgment & Order : 18.01.2022.
Whether fit for reporting : YES.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
JUDGMENT AND ORDER(ORAL)
The facts in brief in the instant revision petition are
that, the petitioner herein, Shri Timir Chanda is the elected
Honorary Secretary of the respondent-Tripura Cricket
Association(„TCA' for short). On 13.03.2021, in a meeting of
the Apex Council of TCA "No Confidence Motion" was placed
against the petitioner being the Secretary of Tripura Cricket
Association and as per the resolution passed in the meeting,
the appellant was ousted from the TCA from the post of
Honorary Secretary invoking the Clause 7(1)(d) of the
constitution of TCA and the power of Secretary was delegated
to the Joint Secretary until the Secretary post is duly filled up.
The petitioner was however absent in the meeting on the
ground of his ailment. In this connection, a press release dated
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13.03.2021 was also issued. Consequently, upon the resolution
dated 13.03.2021, a letter dated 15.03.2021 was also
communicated to the petitioner. Being aggrieved and
dissatisfied with the resolution dated 13.03.2021, the petitioner
had approached the Trial Court in Civil Judge, Senior Division
and filed a civil suit bearing No. T.S. 40 of 2021 for declaration
and perpetual injunction. Along with the suit he also filed an
application for temporary injunction, and the same was
registered and marked as Civil Misc. (INJ) 29 of 2021. Learned
Civil Judge, Senior Division dismissed the application dated
02.06.2021. Challenging the order dated 02.06.2021, the
petitioner preferred an appeal before the Appellate Court, Addl.
District Judge and the same was registered and marked as
Misc. Appeal No.09 of 2021 and vide order dated 01.12.2021,
the learned Addl. District Judge, West Tripura, Agartala
dismissed the appeal. Being aggrieved and dissatisfied, the
petitioner has filed the instant application under Article 227 of
the Constitution of India challenging the impugned order dated
01.12.2021.
2. By filing the instant revision petition, the petitioner
herein has prayed for the following reliefs:-
i) Issue a Rule calling upon the respondent to show
cause as to why the impugned order dated 01.12.2021
(Annexure-6-supra) passed by the learned Addl. District
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Judge, West Tripura, Agartala, Court No.2(Shri Gobinda Das)
in Misc. Appeal 09 of 2021, shall not be quashed/set aside,
and thereafter, pass an Order of Injunction as prayed for by
the petitioner in Civil Misc. (INJ) 29 of 201 (Annexure-2-supra)
and pass any other Order(s) as may be deemed fit and proper
ends of justice;
ii) Call for the records pertaining of this petition;
iii) In the ad-interim and thereafter, in the interim
pass an order staying the operation/execution of impugned
Order dated 01.12.2021 (Annnexure-6 supra) passed by the
learned Addl. District Judge, West Tripura, Agartala, Court
No.2(Shri Gobinda Das) in Misc. Appeal No.09 of 2021, and
restore the operation of Order dated 04.10.2021, and restore
the operation of Order dated 04.10.2021, passed by the
learned Addl. District Judge, West Tripura, Agartala, Court
No.2 (Shri Gobinda Das) in Civil Misc (INJ) 05 of 2021 arising
out of Misc. Appeal No.09 of 2021 (Annexure-5 supra) and/or
allow the petitioner to act as Secretary of TCA till disposal of
this application.
iv) After hearing the parties be pleased to make the
Rule absolute in terms of prayer i) above ;
v) Costs of any incidental to this proceeding;
vi) Any other relief(s) as to his Hon'ble Court may
deem fit and proper;"
3) Heard Mr. S. Lodh, learned counsel appearing for
the petitioner as well as Mr. A. Sengupta, learned counsel
appearing for the respondents.
4) Mr. Lodh, learned counsel appearing for the
petitioner has drawn the attention of this Court to the by-laws
No.7(1)(c) of the Tripura Cricket Association which reads as
under:-
" 7. POWER AND DUTIES OF OFFICE-BEARERS
................................................................................................
...............................................................................
(C) The president shall also exercise such
functions and duties as he may be empowered with by
the General Body or the Apex Council.
5) He has also drawn the attention of this Court to
the agenda wherein, the request of the „no-confidence motion'
is not reflected in the said agenda and thus he prayed for
allowing the instant CRP on the above-mentioned grounds.
6) Mr. A. Sengupta, learned counsel appearing for
the respondent-Tripura Cricket Association submits that the
orders passed by the Trial Court and the Appellate Court are
just and proper and it should be upheld and the instant CRP
needs to be dismissed on the ground that the Apex Council is
having the power of general body as well. Mr. Sengupta,
learned counsel submitted that the petitioner was ousted from
his services on the ground that he was indisposed and he has
also inducted into the cricket association certain cricket players
unauthorizedly. He was not fulfilling his duties as per the by-
laws.
7) On perusal of the records, the notice calling for
the meeting as well as the agenda and the resolution, nowhere
it is reflected with regard to moving of „no-confidence motion'
against the petitioner. The „no-confidence motion' letter (not
dated) which is relied upon by the learned counsel appearing
for the respondent-Tripura Cricket Association does not carry
any date. No agenda carries the said information about the
decision of removal of Honorary Secretary, the petitioner
herein. The record and the resolution are silent with regard to
following the doctrine of audi alteram partem and no notice
was issued to the petitioner asking for his explanation before
taking a final decision of his termination. This Court feels it is a
high-handed and arbitrary action of the respondent-Tripura
Cricket Association. The citation relied upon by the respondent-
Counsel titled as Mohd. Inam Vs. Sanjay Kumar Singhal
and ors., reported in 2020 2 TLR (SC) Page 67 is not
relevant to the facts of the case.
8) On the ground of violation of principles of natural
justice, this Court is convinced that the petitioner is entitled for
relief as prayed. The finding of the Courts below that no
prejudice would be caused to the petitioner if injunction is not
granted and no monetary transactions are involved in the
matter cannot be appreciated. The other ground for rejection of
injunction is that the granting of interim relief would amount to
granting of final relief and nothing survives for final
adjudication. This ground also cannot be appreciated since the
interim order granted would always be subject to the result of
the final disposal of the main case. In the matter like welfare or
any sport association, where financial issues are not actively
involved and when the post itself is honorary, the person
sitting in the chair and performing his honorary duties deserves
more respect and also protection under Law. This Court has no
hesitation to say that the respondent-Tripura Cricket
Association has failed in its lawful duty in removing the
petitioner without following legal requirements enunciated
under the Doctrine of audi alteram partem. Whether the
litigation is involved with any monetary loss or not is
immaterial. Judicial scrutiny only requires whether impugned
order is in conformity with law? Whether the legal right of the
petitioner is infringed?
9) In view of the above discussion, this Court feels that
there is infringement of legal right of the petitioner. The
impugned order is passed in gross violation of principles of
natural justice without giving an opportunity to the petitioner
before removing him from him post of Honorary Secretary.
Hence, the orders passed by the Trial Courts are set
aside and the instant CRP is allowed permitting the petitioner
to continue as Honorary Secretary of the Tripura Cricket
Association pending disposal of the suit before the Trial Court.
The trial Court shall decide the suit on its merit not being
influenced by the orders passed by this Court in the present
CRP.
10) With the above observation and direction, the
instant CRP stands disposed of.
JUDGE
suhanjit
