- (1.) Counsel for the respondent no. 5 is directed to make necessary correction in affidavit dated 18.09.2019 during course of day.
(2.) Today, when the case is called out counsel for the petitioner referred to Annexure-8 page 40 of the writ petition which is election notice dated 06.09.2019 under the signature of Sri Shiv Basant, Electoral Officer-respondent no.4 wherein it has been mentioned in clause-1 that eligible members desirous of contesting election for the above posts may submit their nomination papers in prescribed proforma available in the office of the undersigned (available from 10.00 A.M to 2.00 P.M on September, 09-11.2019) duly proposed and seconded by members of J.S.C.A to the undersigned at the office of Electoral Officer, J.SCA in sealed envelopes not later than 12.00 noon on September, 12, 2019. Nominations may be withdrawn by candidates not later than 12.00 noon on September 14,2019, in writing addressed to the undersigned in a sealed envelope. Scrutiny of nomination paper will take place on September 16, 2019 at 2 p.m. The final list of candidates will be published at 8 P.M of the same day. Clause 2 of the notice provides that affiliated district cricket associations are to elect four District Representative (Committee Members). Authorized and eligible district representatives desirous of contesting for the above posts may submit their nomination papers, in prescribed proforma available in the office of the undersigned, duly proposed and seconded by two different district associations to the undersigned in sealed envelopes not later than 12 noon on September 12, 2019. Nominations may be withdrawn by candidates not later than 12.00 noon on September, 14, 2019 in writing addressed to the undersigned in a sealed envelope. Scrutiny of nomination papers will take place on September 16, 2019 at 2 p.m and the final list of candidates will be published at 8 p.m of the same day. Referring to Annexure-3 of the writ petitioner, counsel for the petitioner has submitted that petitioner had been the President of another sports body, being the Jharkhand Wushu Association, since the petitioner was desirous of contesting in the elections of JSCA, the petitioner on 09.09.2019 tendered his resignation from the post of Jharkhand Wushu Association.
(3.) Counsel for the petitioner referring to Annexure-6 of the writ petition has submitted that the date of scrutiny of nominations was scheduled on 14.09.2019. At the time of scrutiny, when the petitioner was also present, some other candidates raised an objection that the petitioner cannot contest because he is president of Jharkhand Wushu Association. The petitioner, when faced with such objection, produced copy of his resignation letter dated 09.09.2019. The said resignation letter was seen by the Electoral Officer of JSCA, and without even seeking any clarification from the petitioner, without even seeking any clarification from the Jharkhand Wushu Association, without even giving any opportunity of hearing to the petitioner, passed an order rejecting the nomination of the petitioner. So, prayer has been made on behalf of the petitioner for quashing order dated 14.09.2019 of the Electoral Officer, JSCA, to forthwith restore the nomination of the petitioner for election for the post of Vice president which is scheduled to be held on 22.09.2019 and to permit the petitioner to contest in the ensuing elections of the JSCA scheduled to be held on 22.09.2019. An affidavit dated 18.09.2019 has been filed on behalf of the respondent no. 5 stating therein that the petitioner had tendered his resignation (Annexure-3 to the writ petition) in the meeting of the Executive Council held on 09.09.2019 at Ranchi and the Executive Committee accepted his resignation on the same day i.e 09.09.2019. Today, a counter-affidavit has been filed on behalf of the respondent no. 3 in which in para 8 it has been stated that the respondents-society is guided by its own Bye- laws which is incorporated in the Memorandum of Association. Clause 9 of the said Bye-laws contains disqualification for a person from becoming an office bearer or member of Committee of Management or a member of any sub-committee or a representative of BCCI. Clause 9 of the said Bye-laws reads as under:- "9. Disqualification. 4. A person shall be disqualified from being an officer bearer or member of the Committee of Management or a member of any sub-committee or a representative to BCCI if he or she: (a) Is not a citizen of India (b) Has attained 70 years of age. (c) Is a minister or Government Servant or hold public office except nominee under Rule 7(j) (d) Hold any office or post in a sports or athletic association or federation apart from cricket. (e) Has been office bearer of the association for a cumulative period of 9 years or (f) Has been charged by a Court of Law for having committed any criminal offence i.e an order framing charges has been passed by a Court of Law having competent jurisdiction." Further, it has been submitted by the counsel for the respondent no.3 that the qualification and disqualification of members to participate in the election has to be seen on the date when the process of election commences i.e on the date of notification of election and admittedly the petitioner was ineligible on the date when election was notified and the process of election commenced and it is admitted fact that on the date of notification of election, the petitioner was holding the post of President of Jharkhand Wushu Association and, secondly, his claim of resignation was not negated by the Jharkhand Olympic Association, hence the writ petition filed by the petitioner is liable to be dismissed. Today, learned counsel for the respondent no. 3 produced a copy of order dated 03.09.2019 passed by the Hon'ble High Court of Andhra Pradesh at Amaravati passed in Writ Appeal No. 260 of 2019 in which it has been observed as under: "8. From the reading of the above, it is very clear that till amicus curiae submits a report, it is not desirable for any court or tribunal in India to entertain or proceed with any matter pertaining to BCCI or any other cricket association involved. The learned counsel for the writ petitioner/respondent would submit that direction given therein would apply only to Kerala Cricket Association and not to any other association. We are not inclined to accept the same. A reading of the order would show that the issue relating to Kerala Cricket Association was dealt separately in W.P. (Civil) No. 79 of 2019. No orders subsequent to the said order dated 14.03.2019 has been placed on record. Hence, we feel that it may not be proper to stay the elections by this Court, when the order of the Apex Court categorically states that no Court or Tribunal in India should entertain or proceed with any matter pertaining to BCCI or any State Cricket Association. Aggrieved person, if so advised, may seek appropriate clarification from the Apex Court." and it has been submitted by the counsel for the respondent no. 3 that the writ petition is not maintainable. Further, counsel for the respondent no. 3 referring to Annexure-3 of the writ petition has submitted that petitioner-Sunil Kumar had been the President of another Sports Body being the Jharkhand Wushu Association, since the petitioner was desirous of contesting in the election of JSCA, the petitioner resigned on 09.09.2019 whereas process of election was of 06.09.2019. 5. Learned counsel for the respondent no. 3 has also produced a copy of order dated 09.09.2019 passed in Civil Application No. 184 of 2019 in Writ Petition No. 191 of 2019 by Hon'ble High Court of Bombay at Goa, which is kept on record. After hearing the learned counsel for the parties, question arises in view of Annxure-8 Election Notice- as to whether process of election has started from 06.09.2019 date of notice or started on 09.09.2019 as admittedly, on 09.09.2019 the petitioner has resigned from the post of Wushu Association as per the affidavit of the respondent no. 5, so let notice be issued to the respondent nos. 1, 2 and 4 through registered cover with A/D as well as by Courier service, for which requisites must be filed by 24.09.2019. Rule is made returnable within six weeks. 6. In the meantime, election held, will be subject to result of the writ petition.;