ANDHRA CRICKET ASSOCIATION Vs. N MOHAN DAS
HIGH COURT OF ANDHRA PRADESH
Andhra Cricket Association
N Mohan Das
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C.Praveen Kumar, J. -
(1.)Assailing the order dated 9.8.2019 passed by the learned Single Judge in directing the authorities not to conduct elections to the appellant-association, the present appeal came to be filed.
(2.)The respondent/writ petitioner filed the Writ Petition No.11106 of 2019 seeking issuance of writ of Mandamus to declare the appellant/1st respondent as defunct body, since the office bearers are ineligible to administer the same as per Justice Lodha's committee recommendations and did not appoint Election Officer by 1st July, 2019 for holding of election on or before 14.9.2019 as per timeline issued by COA. The writ petitioner herein is an advocate and also Ex.President of the Prakasam District Cricket Association. It is to be noted here that this writ petition was not filed by any association, but in his individual capacity as Ex.President of District Cricket Association.
(3.)It is urged that there is a basic flaw in the constitution of Appellant Cricket Association in respect of giving memberships since 16 clubs in the Appellant Association are also members in five district cricket associations where these 16 clubs have registered their respective District Registrar. It is said that the flaw ought to have been rectified long back, but taking advantage of the same, the elections are being held. It is said that even the outgoing 16 office bearers can still vote in the forthcoming elections irrespective of the fact that they are out of the office. According to him, once elected is a life time elected affair in the 1st respondent cricket association, as the same is a case of vote bank pattern, as found by Justice Lodha Committee, when enquiring into the voting system. Various other issues came to be raised in the writ petition which may not be necessary to be delve into at this stage. However, the learned Single Judge by its order dated 9th August, 2019, while issuing Notice Before Admission, held as under :
"The case of the petitioner is that the first respondent conducting elections to the Executive Body contrary to the bye-laws of the association and without appointing an election officer and ombudsman, prepared the electoral list including social clubs. Inclusion of social clubs in the voter list is contrary to Justice Lodha Committee and judgment of the Hon'ble Supreme Court in Civil Appeal No.4235 of 2014 and batch reported in 2016(8) SCC 535. They are including social clubs also in the electoral list and conducting elections in violation of bye-laws of the association.
In the facts and circumstances of the case and considering the submissions of the learned counsel and on perusal of the record, this Court is prima facie satisfied that the petitioner has shown sufficient cause for grant of interim direction.
Accordingly, there shall be interim direction as prayed for."
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