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Chengalpattu District Cricket Association A Registered Association mhc judge r subramaniyam order notice adv n jothi

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction )

 

W.P. No.      23794          of 2022

 

Chengalpattu District Cricket Association

A Registered Association

Represented by its Secretary S. Prabu

10/87, Velacherry Tambaram Main Road

Medavakkam

Chennai – 600 100                                           ..       Petitioner

 

Versus

 

  1. The Tamil Nadu Cricket Association,

Having its Registered Office at

M.A. Chidambaram Stadium,

Victoria Hostel Road,

Chepauk,

Chennai – 600 005

 

  1. District Cricket Association of Chengalpattu

Recognized by Kancheepuram DCA – Parent Body,

Represented by its Secretary Mr.H.Shankar

#5/59, Venkatesa Perumal First Street,

Madipakkam,  Sholinganallur  Taluk,

Chennai District.

Chennai – 600 091.

 

 

  1. 3. Kancheepuram District Cricket Association

Represented by its Secretary,

5/59, Venkatesa Perumal  First Street,

Madipakkam,  Sholinganallur Taluk,

Chennai District

Chennai – 600 091                                         ..      Respondents

SYNOPSIS

 

 

 

  1. This Writ Petition filed by the Petitioner Association based on the Guidelines enunciated by the Hon’ble Supreme Court in its Judged Reported in 2016 (8) SCC 535 which brought sweeping changes in the Administration of Game of Cricket in India and formulated how the Game of Cricket is to be administered by the State Associations.

 

  1. The 1st Respondent is recognized by Board of Control for Cricket in India, (BCCI) which controls of the game of Sport of Cricket in India and the 1st Respondent controls the Game of Cricket in Tamil Nadu.

 

 

  1. The Controlling Body for the game of Cricket in Tamil Nadu is the 1st The 1st Respondent has got its Rules, Bye-laws and Regulations for Players, Team Officials, Managers, Umpires and overall general administration of the game of Cricket in Tamil Nadu.

 

  1. Ever since Supreme Court Judgment (2016 (8) SCC – 535) was rendered by weeding out self-interested people, who act with conflict of interest, it is expected at least from then on the administration of Cricket in Tamil Nadu  by the 1st Respondent would be transparent and far away from the partisan attitudes or likes and dislikes.

 

  1. The 2nd Respondent herein is also an Association claimed to be for the promotion of the Cricket. However, it is not an independent body but has its overall existence and functions under the clutches of 3rd Respondent Association namely Kancheepuram District Cricket Association the 3rd Respondent herein. In fact, it is so openly admitted in its Memorandum of Association also.
  2. In addition to that in the Letter Head used by the 2nd Respondent also clearly accepts this factor.

 

  1. Further, the Office Bearers are so overlapping and are the admixture in Kancheepuram District Cricket Association and the 2nd Hence, the 2nd Respondent has no independent existence of its own. It is only the shadow of the 3rd Respondent Kancheepuram District Cricket Association.
  2. In fact the very 3rd Respondent Cricket Association itself is nothing to do with Kancheepuram Revenue District at all as on this date for so many reasons.

 

  1. The Kancheepuram District got recently bifurcated and separated into two Districts by forming different Districts such as Kancheedpuram District and Chengalpattu District.
  2. Further, it can be easily seen that the Office Bearers and Executive Committee Members of the 3rd Respondent as per its Bye-law is numbering Twenty Six (26) as revealed in its Memorandum of Association.

 

  1. Out of the 26 Office-Bearers as on this date not a single person hails from Kancheepuram District. More than 20 persons are from Chennai District only. Hardly 6 persons are available at Chengalpattu District and none from Kancheepuram District. Yet, they claim to represent Kancheepuram District.
  2. In fact on the formation of separate Districts such as Kancheepuram and Chengalpattu Districts, this 3rd Respondent Association ought to have been de-linked from the 1st Respondent’s Affiliation.

 

  1. This only shows the name that is the nomenclature of Kancheepuram District alone is adopted for its name sake and such an Association which is wholly controlled by Chennai based Residential persons and few remaining at  Chengalpattu District cannot claim even in imagination that they represent the interests of Kancheepuram District , leave alone sheltering 2nd Respondent in its fold.

 

  1. The above drama is nothing but a creation of a pocket borough by misusing the name of the District just for Vote and personal benefits sake than to the interest of Cricket.
  2. In order to augment safe personal benefits all is done. Each outfit such as Clubs, District Associations have got its Voting Rights to the value of  each one Vote to Elect the Office-bearers of the 1st Respondent Association, namely The Tamil Nadu Cricket Association (TNCA).

 

  1. To make it more clear each 150 Clubs at Chennai City, has got one Vote to it. Thus, there are 150 eligible Votes as far as Clubs at Chennai City is concerned.

 

  1. With the formation of Six New Revenue Districts in Tamil Nadu, the strength of the District swelled into 37 Districts and eventually there are 37 Votes. Thus, there are 37 District Votes. All put together 186 Votes. This Electoral Collegium will decide the election of the Office Bearers of Tamil Nadu Cricket Association Office bearers.

 

  1. Thus, the Electoral Collegium as on this date who are entitled to Vote to elect Office Bearers of the                        1st Respondent (TNCA)  are classified as :-

 

  • Club Members (150);
  • District Association (31);
  • Former Test Cricketers (22);
  1. Trouble arose in this case on the issue of Kancheepuram District got bifurcated and new Chengalpattu District is formulated.
  2. The Writ Petitioner’s Association was registered on 6th day of August, 2019 on the file of Sub-Registrar Office, Saidapet.
  3. The 2nd Respondent Association got registered very belatedly only in March, 2020 only and the same was deliberately created to overshadow this Writ Petitioner Association by vested interest persons to knock-off one solid Vote. However, the 2nd Respondent is not an independent Association.

 

  1. The 2nd Respondent is not an Independent Body at all. It is a “Hung Body” or Hamlet of Kancheepuram District Cricket Association since it is affiliated to Kancheepuram District Association only, (the 3rd Respondent).
  2. The 2nd Respondent is not a full-fledged Association at all in the eye of law since it is a “Hamlet Association” intermixed and amalgamated with Kancheepuram Cricket Association (3rd Respondent). Both gets synchronized with each other and amalgamated.
  3. The 2nd Respondent is very comfortable to call itself as a subsidiary Association of Kancheepuram District Association. The 3rd Respondent itself has no independent existence of its own in the eye of law.
  4. The factum and truth of the 2nd Respondent has no independent existence is proved by its own self declaration by the very Letter Head of the 2nd Respondent itself.

 

  1. Even beyond the legal Principle of “Lifting of Corporate Veil” the amalgamation of 2nd and 3rd Respondents can be easily seen on many issues. The 2nd Respondent is the second foil of the 3rd The striking similarity is that even the Flag description of both 2nd and 3rd Respondents are also one and the same.

 

 

 

  1. Thus, the entire affairs of the Respondents 2 and 3 are highly deplorable disqualifying from being affiliated as a District Member or to hold any Office in the 1st Respondent Body.

 

  1. Under such circumstances, Affiliation, if any to the 2nd Respondent is nothing but a vainful exercise. If it is allowed to be continued, it will amount to two Associations of Kancheepuram being recognized contrary to the very Bye-laws of the 1st
  2. Thus, the Petitioner’s Association is the only Association available to grant Affiliation by The Tamil Nadu Cricket Association (the 1st Respondent herein). As per the Bye-law of the 1st Respondent Association, each District is a separate Unit and is to be Affiliated.

 

  1. Apart from the Voting power, monetary aspects are also involved in this process of Affiliation. In order to promote the Game of Cricket at the District Level, the 1st Respondent grants Rs.5 lakhs (as it stands today) for the purpose of promotion of Cricket in the District.

 

  1. Coming to the merits of this Petitioner, it is to be stated that the Tamil Nadu Cricket Association (1st Respondent) League Matches from 2nd to 6th Division Matches are mostly played at Petitioner’s Association Grounds, that too, for the past 9(nine) years. No such facility is available with the 2nd and 3rd
  2. There can be no comparison of such infrastructure facilities with respect to the 2nd and 3rd Respondents or even with any other District Association. There are covers to safeguard the well maintained Pitches. Thus excellent facilities are available at the command of the Petitioner’s Association.

 

  1. Coming to the Affiliation by leaving all the above it is stated that a smoky dark room activities were conducted and implemented by the 1st Respondent in overlooking Petitioner’s Association. The Petitioner’s Association has given complete details for its Affiliation on 16.07.2022 itself which, however, was deliberately delayed and not even acknowledged by the 1st Respondent then and there. Knowing that the Petitioner’s Association had staked its claim ahead of the 2nd Respondent, hurriedly behind the scene activities started by the 1st Respondent and on the late evening of 16-07-2022 the proposal to affiliate the  2nd Respondent started. The same was arranged by                    1st Respondent not in open manner but by electronic means with a veil of great secrecy.

 

  1. The manner in which things done in a lightning speed are highly deplorable and contrary to any morality, decency and law. A Gentlemen and Royal Game like Cricket with all its sportive spirit shall be reflected in the Administration of Cricket also.  It is unfortunate that it is not so.

 

  1. The 1st Respondent purposely delayed the Application of the Petitioner for four days and gave the acknowledgment only on 19th July, 2022 (19.07.2022)that too after insistence for it.
  2. Even thereafter, the 1st Respondent has not considered the Application and proceeded to recognize the 2nd Respondent in a clandestine and hurried manner as detailed in the Affidavit. Why the Application of 2nd Respondent is considered in preference to Petitioner’s Association is not at all revealed. No enquiry was ever made.

 

  1. Such an arbitrary exercise of power is not at all expected when Rule of Law and fair play has to be exercised in the matter.

 

  1. There is a specific Rule on how evaluation is to be made. The whole affair starting to end is done within hours. This illustrates the dark room activity in the whole issue and foul-play in the entire game played by the 1st No Natural Justice followed. The whole secrete drama orchested by the 1st Respondent is something like “Match fixing which ruined the Game of Cricket”. The said bad spirit continues in this Affiliation affair also.

 

  1. How and in what manner the “scrutiny” was conducted is not known at all. In fact, no scrutiny was admittedly made, no enquiry was conducted, evaluation of both Associations was never done while arriving at the decision for the Affiliation given in favour of the 2nd

 

  1. Hence, this Writ Petition is filed for the prayers made herein.

 

Dated at Chennai on this the 24th day of  August, 2022.

 

Counsel for Petitioner

 

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction )

 

 

W.P. No.   23794       of 2022

 

Chengalpattu District Cricket Association

A Registered Association

Represented by its Secretary S. Prabu

10/87, Velacherry Tambaram Main Road

Medavakkam

Chennai – 600 100                                           ..       Petitioner

 

Versus

 

  1. The Tamil Nadu Cricket Association,

Having its Registered Office at

M.A. Chidambaram Stadium,

Victoria Hostel Road,

Chepauk,

Chennai – 600 005

 

  1. District Cricket Association of Chengalpattu

Recognized by Kancheepuram DCA – Parent Body,

Represented by its Secretary Mr.H.Shankar

#5/59, Venkatesa Perumal First Street,

Madipakkam,  Sholinganallur  Taluk,

Chennai District. Chennai – 600 091.

 

 

  1. 3. Kancheepuram District Cricket Association

Represented by its Secretary,

5/59, Venkatesa Perumal  First Street,

Madipakkam, Sholinganallur Taluk,

Chennai District, Chennai – 600 091                 ..      Respondents

 

DATES AND EVENTS

 

  1. The 1st Respondent Association, namely The Tamil Nadu Cricket Association is recognized by the Board of Control for Cricket in India, shortly called as BCCI.
  2. Whereas Board of Control for Cricket in India controls the Game of Sport of Cricket in India.
  3. The 1st Respondent Association controls the Game of Cricket in Tamil Nadu.

06.08.2019 (updated)

  1. The 1st Respondent Association is formulated for the purposes morefully stated in the Memorandum of Association together with its Bye-Laws.
  2. The 1st Respondent has got its Regulations for Players, Team Officials, Managers, Umpires and overall administration of the Game of Cricket in Tamil Nadu.
  3. The 2nd Respondent is the District Cricket Association of Chengalpattu, Recognised by Kancheepuram DCA – Parent Body.

23.12.2019

  1. The Writ Petitioner made first request for its Affiliation to the fold of the 1st Respondent Association.

03.03.2020

 

  1. The 2nd Respondent Association got registered under Registration No.117 of 2020 on the file of Sub-Registrar Office, Saidapet.

28.03.2021

 

  1. The Writ Petitioner submitted its First Annual Report to the 1st Respondent Association.

14.07.2021   (updated)

  1. The Writ Petition obtained Registration Certificate with the inclusion of the word “District” by converting it from Chengalpattu Cricket Association into that of Chengalpattu District Cricket Association.

 

02.08.2021

  1. The 2nd Respondent Association made request for Affiliation with the 1st Respondent’s Association.

 

28.08.2021

 

  1. The Writ Petitioner submitted its Second Annual Report.

 

16.07.2022

 

  1. The Writ Petitioner has given complete details for its Affiliation to the fold of the 1st Respondent Association.

 

18.07.2022

  1. The 1st Respondent Association issued a Circular/ Resolution through E-mail to the Office Bearers, Apex Council of the 1st Respondent with respect to the Affiliation of Six Newly formed District Associations including the 2nd

19.07.2022

  1. The 1st Respondent deliberately delayed and not even acknowledged the receipt of the earlier Application of the Writ Petitioner for Affiliation.
  2. Knowing that the Petitioner’s Association had staked its claim ahead of the 2nd Respondent, the 1st Respondent hurriedly had its behind the scene activities by starting it on the late evening of 16.07.2022 for the proposal to affiliate the 2nd The same was arranged by the 1st Respondent not in open manner, but by electronic means with a veil of very great secrecy.
  3. The things were done by the 1st Respondent in a very lightning speed in a highly deplorable manner and contrary to any morality, decency and rule of
  4. The 1st Respondent purposely delayed the Application of the Writ Petitioner for four days and gave the acknowledgment only on 20th July, 2022, that too after insistence for it.
  5. The 1st Respondent has not even considered the Application of the Writ Petitioner and proceeded to recognize the 2nd Respondent unilaterally in a clandestine and hurried manner.

IMPUGNED PROCEEDINGS

  1. The decision taken by the 1st Respondent in granting affiliation to the 2nd Respondent is not supported by any material on record. No evaluation was made at all. Neither the Petitioner nor the 2nd Respondent was called to state their merits before Apex Committee/Council while granting affiliation to the 2nd
  2. Hence, the Petitioner is filing this Writ Petition.

Dated at Chennai on this the 24th day of August, 2022

 

Counsel for Petitioner

 

 

 

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