- (1.) The instant writ petition has been filed by the petitioner Association with the following prayers: It is, therefore, respectfully prayed that record of the case may kindly be called for and this Hon'ble Court may by an appropriate writ, order or direction be pleased to: a. Quash and set aside the certificate of affiliation dated 30.04.2010 (Annexure-22) issued by respondent No. 2 on behalf of respondent No. 1 to respondent No. 3 to 5. b. Declare that the petitioner No. 1 association represented by petitioner no. 2 continues to be the duly affiliated member of respondent no. 1 association; c. Direct the respondent no. 1 to allow the petitioner No. 1 association represented by petitioner no. 2 to send its players and teams to participate at the State Level Tournaments and further be pleased to direct the respondent no. 1 to arrange to provide training and coaching facilities to the players of petitioner no. 1 association; d. Respondent authorities may kindly be directed to make all communication with the office bearers elected on 05.03.2010, petitioner herein while treating them legally affiliated body; e. By an appropriate writ, order or direction the Respondent authorities may be restrained from interfering with the rights and duties of the Petitioners to act as a affiliated District Cricket Association of respondent No. 1 association; and f. Entire record pertaining to the case may also be called for. g. any other appropriate relief(s) which this Hon'ble High Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the Petitioner Association; h. Writ petition of the Petitioner Association may kindly be allowed with exemplary costs. Above writ petition was listed in the Court on 13.8.2010 and, on that date, after hearing learned counsel appearing on behalf of the petitioner, notices were issued to respondents No. 1, Rajasthan Cricket Association through its Honorary Secretary and respondent No. 2 Sanjay Dixit, Honorary Secretary of Raj. Cricket Association, who was impleaded as party by name.
(2.) On behalf of Rajasthan Cricket Association, Mr. Rajesh Joshi put in appearance. Mr. Kamal Dave put in appearance on behalf of respondent No. 2 and Mr. M.C. Bhoot turned appearance on behalf of respondent No. 4 Sanjay Singh Meel. Having put in appearance through their counsel, respondents No. 1, 2 and 4 raised following preliminary objections with regard to maintainability of the writ petition: (A) Whether respondent No. 1 Rajasthan Cricket Association can be treated to be 'State' within the scope of Article 12 of the Constitution of India. (B) Whether this writ petition can be filed in the name of Ganganagar District Cricket Association, through its Secretary in view of the fact that he has already been declared disqualified under Section 24 of the Rajasthan Sports (Registration, Recognition & Regulation of Associations) Act, 2005 and whether it can be treated that petitioner Association is in existence and any legal or fundamental right of the Association has been infringed. (C) This writ petition is not maintainable on the ground of principle of res judicata because before filing this writ petition for the same prayer two other writ petitions being S.B. Civil Writ Petition No. 5077/2010 and S.B. Civil Writ Petition No. 6016/2010 were filed by the petitioner Association and, vide orders dated 26.05.2010 and 13.07.2010 respectively, both the writ petitions were dismissed by co-ordinate Benches of this Court to pursue remedy before the Arbitrator, therefore, as per provisions of res judicata under Section 11 and Rule 2(2) of the Code of Civil Procedure, this petition is not maintainable and deserves to be dismissed. (D) Whether the petitioner Association made material concealment of fact and has not approached this Court with clean hands for which this writ petition deserves to be dismissed on the ground of conduct. After hearing both the sides, it is in the fitness of things to decide the preliminary objections first. (A) Whether respondent No. 1 Rajasthan Cricket Association can be treated to be 'State' within the scope of Article 12 of the Constitution of India:
(3.) Learned counsel for the respondents specifically pleaded in the form of preliminary objection in his reply that respondent No. 3 Rajasthan Cricket Association is not State within the meaning of Article 12 of the Constitution of India. The entire working is managed by elected office bearers and none of them is nominated by the State Government. It is also specifically pleaded that neither the State Government nor any officer of the State Government is impleaded as respondent in the array of respondents, therefore, this writ petition deserves to be dismissed on the ground that Rajasthan Cricket Association is an independent body and State Government has not contributed any kind of financial assistance or fund so that answering respondent does fall within the category of Article 12 of the Constitution of India. Therefore, this writ petition deserves to be dismissed. Two groups of District Cricket Association, Sriganganagar are raising dispute which is in between them. As such disputed question of fact is involved which has been decided in the arbitration proceedings, therefore, for the reasons mentioned above, it is clear that the respondent Association is not State within the meaning of Article 12 of the Constitution of India and, accordingly, no writ can be issued against the Rajasthan Cricket Association.;