Tripura High Court
Partha Sarathi Gupta And Anr vs The State Of Tripura And 20 Ors on 16 January, 2024
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 13
lHIGH COURT OF TRIPURA
AGARTALA
WP(C) 471 of 2023
Partha Sarathi Gupta and Anr.
---Petitioner(s)
Versus
The State of Tripura and 20 Ors.
---Respondent(s)
WP(C) 473 of 2023
Subrata Dey and 3 Ors.
--- Petitioner(s)
Versus
The State of Tripura and 4 Ors.
---Respondent(s)
For Petitioner(s) in
WP(C) No.471 of 2023 : Mr. P. Sharma, Advocate,
WP(C) No.473 of 2023 : Mr. B. Majumder, Advocate
For Respondent(s)
in both the Writ Petitions : Mr. S. S. Dey, Advocate General
Mr. S. Lodh, Advocate
Mr. S. Majumder, Advocate
Mr. Samarjit Bhattacharjee, Advocate
Mr. Sumit Debnath, Advocate
Mr. Kohinoor N. Bhattacharyya, Advocate
Ms. Ayantika Chakraborty, Advocate
HON'BLE MR. JUSTICE ARINDAM LODH
Order
16/01/2024
Heard Mr. P. Sharma, learned counsel appearing for the
petitioners in WP(C) No.471 of 2023 and Mr. B. Majumder, learned
counsel appearing for the petitioners in WP(C) No.473 of 2023. Also
heard Mr. S. S. Dey, learned Advocate General assisted by Ms. Ayantika
Chakraborty, learned counsel appearing for the respondents-State, Mr. S.
Lodh, learned counsel appearing for the respondent nos. 3, 5 and 7 in
WP(C) No.471 of 2023, Mr. S. Majumder, learned counsel appearing for
the respondent nos.8 to 16 in WP(C) 471 of 2023, Mr. Samarjit
Bhattacharjee, Mr. Sumit Debnath, Mr. Kohinoor N. Bhattacharyya,
learned counsel appearing for the respondents.
2. Present writ petition bearing no. WP(C) No.471 of 2023 has
been filed praying for following reliefs:-
"That the humble petitioner has no other adequate,
equally efficacious, and alternative remedy and the remedy
sought for is complete and adequate.
PRAYER
In the premises aforesaid it is humbly prayed before
Your Lordship that Your Lordship may be so pleaed to
consider that above facts and issue RULE NISI calling upon
the respondents to show cause as to why a writ of mandamus
appointing Administrator to administer and manage the day-
to-day affairs of Tripura Cricket Association.
AND
(i) As to why a writ of mandamus shall not be issued directing
respondent no.2 to constitute a Special Investigation Team
for investigating the matter of financial irregularity in
procurement of High Mast L.E.D. Flood Light in M.B.B.
Stadium under Tripura Cricket Association.
AND
(ii) As to why a writ of mandamus shall not be isse directing a
fresh election to be conducted to the TCA and Apex Council
of the Tripura Cricket Association.
AND
(iii) As to why any other orders/writ or writs shall not be this
Hon‟ble Court may deem fit and proper in the given facts
and circumstances of the case.
AND
As to why a any other Writ/ Order shall not be issued for
granting all and adequate relief to the petitioner."
3. By means of filing the present writ petition, the petitioners,
being the life members of Tripura Cricket Association, have urged this
Court to save the Tripura Cricket Association (TCA) from mass-scale
financial irregularities, nepotism and corruption. The petitioners have
stated in their petition that there is serious mistrusts and distrusts among
the members of the General Body as well as the members of the Office
Bearers.
At Para-17, the petitioners have stated "That, the petitioners
are aggrieved by the recent conflict between the elected office bearers of
TCA and the resultant impasse within the association. Petitioners are
primarily seeking appointment of an Administrator to solve the urgent
administrative exigency created as a result of the said impasse.
Petitioners are also seeking an SIT/SFIO enquiry and a forensic audit
into the books of TCA to understand the veracity of the allegation of
corruptions and illegalities against officials of TCA".
It is further stated in the petition that the members of the
Committee have failed to discharge their obligation towards promotion of
Cricket in the State and there is ugly fight between the Office Bearers
which has ultimately resulted to disruptions in the functioning of the TCA
and currently the functioning of TCA is in jeopardy and requires urgent
actions from the Hon'ble Court so that the dispute between the Office
Bearers of TCA does not affect the players, tournaments, and above all,
the cricket as a game in the State of Tripura.
4. Upon hearing the controversies raised in this petition, this
Court, in the interest of cricket, had made an initiative to resolve the
disputes in the manner as under, which is reflected in the order dated
03.08.2023, passed in WP(C) No.471 of 2023:-
"The discussions and interactions between the parties were
held at a cordial atmosphere. After prolonged discussions with the
parties to the petition and the members of General Body, it is
resolved thus:
(i) The members of the Apex Council shall be limited to 5(five)
members i.e. the President, Vice-President, Secretary, Joint
Secretary and Treasurer. The participants have decided to
dissolve the present Apex Council of Tripura Cricket
Association(„TCA‟, for short), except those 5(five) Office Bearers
to maintain the supremacy of the General Body as envisaged in
Rule 5 of Memorandum of Association and Rules & Regulations of
Tripura Cricket Association( for short, Rules of TCA).
Accordingly, from now, there will be no Apex Council of
TCA, and its functioning shall be performed by the General Body;
(ii) The participants have agreed to constitute the Apex Council
comprising of 9(nine) members consistent with the spirit of the
directions passed by the Hon‟ble Supreme Court in the case of
Board of Control for Cricket in India vs. Cricket Association of
Bihar and others [Civil Appeal No.4235 of 2014];
(iii) The Association shall amend the rules of TCA accordingly.
(iv) In the present situation, it is resolved that the bank of the
TCA shall be operated by President and Treasurer of TCA. In case
of emergent situation or in the event of any vacancy, the President
shall delegate/authorize the power of such operation of bank
account to the next available Officer Bearers in terms of Rule 7
read with Rule 22(2) of the Rules of TCA;
(v) The status and position of Office Bearers are restored as it
was prior to 19.07.2023. The parties to the petition and the
participants have agreed that General Body is the Supreme Body
of TCA. Further, the General Body also can review any decision of
the Apex Council.
(vi) The General Body meeting will be held on 09.08.2023 at
12.00 hrs at M.B.B. Stadium Club House. The representatives of
the full members must bring authorization letters. The President,
Secretary and Joint Secretary shall scrutinize the authorization
letters. The authorization letters must be submitted to the President
on or before 08.08.2023 during office hours of TCA;
(vii) The Office Bearers have submitted their respective
undertakings that they shall abide by the Rules of TCA and the
decision of the General Body.
(viii) The TCA shall be functional in all respects smoothly
henceforth from the premises of TCA.
(ix) It is further resolved and undertaken that they will work
together for the interest of Cricket of the State without creating any
hindrance. The Office Bearers have no objection if any
investigation is carried out as regards any affairs of the
functioning of TCA;
(x) Agenda of the General Body meeting shall be decided by the
President and Secretary of TCA;
(xi) Mr. B.K. Ray, IPS, now retired, has been appointed as
Commissioner with immediate effect to monitor and supervise the
day to day affairs of TCA on behalf of this Court. Mr. Ray may
submit report to this Court if he feels and desires it necessary;
(xii) The General Body shall take a decision for appointment of
Ombudsman and Ethics Officer within a reasonable period of
time."
5. Being aggrieved by the order dated 03.08.2023, passed by
this court, the members of the Apex Council had preferred an intra-court
appeal, which was registered as WA No.96 of 2023 titled as Shubham
Roy and Ors. Vs. Partha Sarthi Gupta and Ors. A Division Bench of
this Court vide its order dated 09.08.2023 directed the writ appellants to
make an appropriate application for their impleadment and praying for
recalling the impugned directions. Accordingly, the writ appeal was
dismissed as withdrawn. Thereafter, the members of the Apex Council
had filed an interlocutory application before this Court for their
impleadment. This Court having heard the learned counsel vide its order
dated 06.10.2023 had impleaded the members of the Apex Council as
respondent nos. 8 to 16. Subsequently, this Court had passed an order
directing the State authorities to constitute a Special Investigation Team
(SIT) and in compliance of the said order, SIT was constituted and the
matter is still under investigation by the SIT.
6. In terms of the order of this court dated 03.08.2023, the TCA
was trying to function its affairs, but, there was continuing distrusts and
lack of adequate confidence amongst the members of the Committee.
7. The Annual General Meeting(for short, "AGM") was
convened firstly, on 07.10.2023, 01.11.2023, 01.12.2023 and lastly, on
04.12.2023. On 07.10.2023, the first AGM was held. There were
adjournments in the subsequent dates due to absence of some members,
and on 04.12.2023, the Office Bearers of the Association failed to
approve the budget placed before the General Body. In other words, the
General Body disapproved the proposed budget furnished by the Office
Bearers. From the minutes recorded in the meeting, it is evident that the
members of the General Body expressed their distrusts towards the
members of the Office Bearers. Then, the General Body resolved that
there must be a fresh election and in the meantime, they proposed to
appoint administrators to administer and function the affairs of the
Association smoothly.
8. Sri Tapan Lodh, the President of TCA had made a
communication to the Court appointed Commissioner indicating the
discussions held in the AGM and the resolutions taken on 04.12.2023 and
informed him that since they failed to pass the budget, there was obvious
no-confidence against the present Office Bearers of the Association.
It was expressed by the members of the General Body that
the Office Bearers tried to regularise some irregular expenditure; and
added to it, huge expenditures were made without mandatory approval of
the President of the TCA, keeping him in dark.
9. Mr. B. K. Ray, the appointed Commissioner has forwarded
this communication dated 04.12.2023 to this Court which has been kept
with the record under an order by this Court.
10. In the aforesaid background, today, the matter has come up
on the question of validity of the dissolution of the Committee of the
Office Bearers as well as various aspects for conducting a fresh election
to run the TCA.
11. Mr. Majumder, learned counsel for the respondent nos.8 to
16 has submitted that there was no ground at all to dissolve the present
Committee of Office Bearers. He has also submitted that non-approval of
the budget in the Annual General Meeting cannot be a ground to dissolve
the entire Committee of the Association as well as the Office Bearers. Mr.
Majumder, learned counsel referring to a decision of the Hon'ble
Supreme Court in the case of The Calcutta Gas Company (Proprietary)
Ltd. Vs. The State of West Bengal and Ors. reported in AIR 1962 SC
1044 has submitted that since no legal or constitutional rights of the
petitioners has been infringed, they are not entitled to file the instant writ
petition. In other words, what Mr. Majumder, learned counsel has tried to
persuade this Court that the petitioners have no locus standi to file the
present writ petition. As regards the question of locus of the petitioners
raised by respondent nos. 8 to 16, the Division Bench has already
observed in the W.A. No.96 of 2023 stated supra that the petitioners have
locus standi to file the present writ petition since they are the members of
the TCA and their names appeared at serial nos. 126 and 162 of the final
list of life members. Moreso, having gone through the decision passed in
The Calcutta Gas Company (Proprietary) Ltd. (supra), in the opinion of
this Court, the discussion of this point in the said judgment has no
relevance to the context of the present case.
In view of this, I repel this submission of learned counsel for
the respondent nos.8 to 16 as regards to his submission on locus standi of
the petitioners to file the instant writ petition.
12. Mr. Lodh, learned counsel appearing for the respondent nos.
3, 5 and 7 in WP(C) No.471 of 2023 has adopted the submission of Mr. S.
Majumder, learned counsel for respondent nos.8 to 16 in WP(C) No.471
of 2023. In addition, Mr. Lodh, learned counsel has submitted that in the
TCA constitution, there is no provision for placing the budget and if
budget is not passed, the Committee should be declared as non-functional
Committee and that it can be dissolved. Mr. Lodh, learned counsel has
further submitted that in the TCA Constitution, there is no provision for
initiation of no-confidence motion. Hence, the no-confidence motion is
bad in law.
13. I have considered the said submission of Mr. Lodh, learned
counsel for the respondent nos.3, 5 and 7. The above submission of Mr.
Lodh, learned counsel leads me to take note of the business to be
transacted at AGM of the General Body as laid down in Chapter-3 of the
Memorandum of Association. It is stipulated that the following business
shall be transacted at every AGM of the General Body:-
"(i) Confirmation of the minutes of the previous General
Meetings.
(ii) Adoption of the Report of the Secretary of the year under
review.
(iii) Adoption of the Treasurer‟s Report and the audited accounts
for the year under review.
(iv) Adoption of the Annual Budget.
(v) * * * * * * *
(vi) * * * * * * *
(vii) * * * * * * *
(viii) * * * * * * *"
As per above stipulations, budget shall be placed before the
General Body, but it was not approved by the General Body. The
outcome is obvious that the General Body expressed its no-confidence
upon the Office Bearers. Moreso, the General Body in terms of the
requirements of the Memorandum of Association decided to dissolve the
Committee of Office Bearers of the TCA.
Resultantly, the Committee of the Office Bearers became
non-existent.
14. Now, the main question to be dealt at this stage as regards
the future administration of the affairs of the TCA. There is no quarrel in
the bar that it is the peak season of cricket. Number of tournaments at
many levels are going on, including the Ranji Trophy. Integrity and
sanctity of the Association must prevail. There must be an environment
so that the people of the State may repose faith on the persons responsible
to run and govern the Association. No doubt, players are concerned with
the day-to-day affairs of the Association. Distrust amongst the members
and mis-management of the affairs of the Association must have an
adverse impact on the players.
15. At this juncture, I have perused the object and purposes of
the formation of TCA. Some of which are as under:-
"(a) To control and improve quality and standards of the
game of Cricket in Tripura, lay down policies, road maps,
guidelines and make rules and regulations (and amend or
alter them) in all matters relating to the game of Cricket,
recognizing that the primary stakeholders are the players
and Cricket fans in Tripura, and that accountability,
transparency and integrity of the Game are the core values;
(b) To provide for measures necessary for promotion and
development of the game of Cricket, welfare and interest of
Cricketers and elimination of unethical and unfair practices
in the Game of cricket; and for that purpose, organize
coaching schemes, established coaching academies, hold
tournaments, exhibition, matches and any other matches and
take all other required steps;
(c) To strive for sportsmanship and professionalism in the
game of Cricket and its governance and administration;
inculcate principles of transparency and ethical standards in
players, team officials, umpires and administrators; and in
ban doping, age fraud, sexual harassment and all other
forms of inequity and discrimination
(d) To foster the spirit of sportsmanship and the ideals of
cricket amongst school, college and university students and
others and to educate them regarding the same ......"
16. In the Memorandum of Association (MoA) it is also
stipulated that "the income, funds and properties of the TCA, however
acquired, shall be utilized and applied solely for the promotion of the
objects of the TCA as set forth above to aid and assist financially or
otherwise and to promote, encourage, advance and develop and
generally to assist the game of cricket or any other sport throughout the
State". It is further stipulated in the MoA that "The TCA shall not be
dissolved unless the dissolution is decided upon in a resolution passed at
a General Meeting of the TCA convened for the purpose, by majority of
3/4th the Members present and entitled to vote. The quorum for such
meeting shall be 2/3rd of the members who have a right to vote.........."
Under Rule 1(A)(m) of Chapter 1 "General body is the
supreme body of the TCA which is constituted by its Members".
Under Rule 5 of Chapter II which deals with Constitution
and functions of the TCA, it is clearly stipulated under sub-rule(1) that
"(1) The General body which is the Supreme Body of the TCA is
constituted of all the Members of the TCA". It is also stipulated that "all
powers of governance, management and decision-making shall vest in the
General Body......." [sub-rule (3) of Rule 5]. In addition, the General
Body shall have the power to do such other acts and things as may appear
to the General Body to be expedient, convenient and/or conductive to the
carrying out of various functioning of the TCA [sub-rule (4)(c)].
To summarize, what has been gathered, the General Body is
the supreme authority and its decision shall be final as regards all matters
relating to the affairs and aspects of the TCA. Chapter-3 of the MoA
deals with AGM of the General Body. It is stipulated that the AGM of the
general body shall be held every year, not later than 30th September.
In the instant case, the AGM of the General Body was
commenced with the serving of notice dated 15.09.2023 upon all the
eligible members. There is no dispute that the AGM has necessary
quorum. Out of 33 members 27 members were present on 04.12.2023.
17. In the resolution taken by all the members of the Tripura
Cricket Association which has been reflected at para-5 of the order dated
03.08.2023 it was resolved that the parties to the petition and the
participants have agreed that the General Body is the Supreme Body of
the TCA. In the TCA Constitution also it is clearly written that the
General Body is the supreme of all the Committees and its decision will
be final. The General Body also has the power to review the decision
taken by the Apex Council. In the instant case, in terms of the resolution
dated 03.08.2023, there is no existence of the Apex Council. The
Constitution of TCA has already been amended.
18. Since the General Body is the supreme body, and since it
held that the present Committee of Office Bearers should be dissolved
and since in the minutes it is recorded that TCA has been dissolved and
fresh election is to be held, in my opinion, this court has no power to over
power or to act contrary to the decision of the General Body of TCA.
19. Mr. Majumder, learned counsel has strenuously argued that
the General Body of the TCA has no reason to dissolve the present
Committee of the Office Bearers.
20. I have consciously taken into consideration the submission
of Mr. Majumder, learned counsel for the respondent nos.8 to 16. It is
evident from various proceedings recorded in the meeting of the AGM
that was commenced on 07.10.2023 that there were serious mistrusts and
distrusts among the members of the Committee. Even this Court was
forced to pass an order to constitute the SIT to investigate the financial
irregularities. The Commissioner appointed by this Court has furnished a
preliminary report highlighting the various irregularities committed by
the Office Bearers of the TCA. In spite of that, this Court has tried its best
to pacify the members of the Committee to run the affairs of the
association keeping in mind the interest of the Cricket of the State. But,
they failed to discharge their obligations towards the interest of the
Cricket as well as to show respect to the directions passed by this Court
as well as the resolutions taken by this Court which are reflected in the
order dated 03.08.2023. Furthermore, when all the members of the
Association have taken a unanimous decision to dissolve the entire
Committee of the Association, then, this Court does not feel it necessary
to take note of the plea of the members of the Apex Council i.e. the
respondent nos.8 to 16 praying for continuation of the Committee.
21. Added to it, at the cost of repetition, as I said earlier, at
present there is no existence of the Apex Council. The resolution taken
by the members of the General Body as well as the Office Bearers in
presence of the General Body vide order dated 04.12.2023 remained
unchallenged.
22. Since the supremacy of the General Body is unquestionable,
then, their decision to dissolve the Apex Council cannot be interfered
with by this Court.
23. In view of the aforesaid facts and circumstances and keeping
in mind the present and future of the cricket in the State of Tripura, this
Court deems it fit to appoint a Committee of Administrators to look after
the affairs of the Tripura Cricket Association.
24. Since, it is a peak season of Cricket, in my opinion, any
person alien to the administration of TCA may face difficulties to achieve
the object and purposes of the Association.
In view of this, I would like to appoint Sri Tapan Lodh, a
former Chief Engineer of PWD, Government of Tripura, Sri Basudeb
Chakraborty, a member of Blood Mouth Club associated with cricketing
affairs and former honorary Secretary of TCA and Dr. Pallab Das Gupta,
Level-B Coach of BCCI and senior cricket coach of SAI, Kolkata as
three-members Committee of Administrators. At the same time, Sri B. K.
Ray, IPS (Retd.) will continue as Commissioner to supervise the affairs of
the Association. The Committee of the Administrators, as constituted
here-in-above, shall take over the charge with immediate effect.
25. Simultaneously, I deem it fit to appoint an Electoral Officer
to conduct the election of TCA. Accordingly, I request Mr. Kishore
Ambuly, IAS(Retd.) as an Electoral Officer to conduct and hold election
of the Tripura Cricket Association. I have considered his name for the
reason that in the earlier occasion, in the similar situation Mr. Kishore
Ambuly had conducted the election of the TCA as he had experience to
conduct the election of the TCA. Mr. Ambuly is requested to complete
the entire process of election within a period of 1(one) month from the
date a copy of this order is furnished to him.
26. The Registry is directed to forward a copy of this order to
Mr. Ambuly (Electoral Officer appointed by this court) and the members
of the above-mentioned Committee of Administrators as well as in favour
of Sri B. K. Ray, the Court appointed Commissioner within 2(two) days
from today.
27. List the matter on 27.02.2024.
JUDGE
SANJAY byGHOSH
GHOSH Date: 2024.01.18
11:16:10 +05'30'
Rohit
