H Ram Prasad Vs The State of Andhra Pradesh

H RAM PRASAD, S/O. H. KISHAN PRASAD CHOUDARY, AGED 74 YEARS, VETERAN CRICKETER, MEMBER OF INDIAN CRICKETERS ASSOCIATION, R/O. FLAT NO. 402, ZNR UNITED SPLENDOR, SRINAGAR COLONY, HYDERABAD - 73, STATE OF TELANGANA.

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M.A. RAHMAN,, S/O. LATE ELLIYAS UR REHMAN, AGED 62 YEARS. VETERAN CRICKETER, MEMBER OF INDIAN CRICKETERS' ASSOCIATION, MEMBER OF ANDHRA PRADESH MEN AND WOMEN PLAYERS ASSOCIATION (RECOGNIZED BY ANDHRA CRICKET ASSOCIATION), R/O. H.NO. 1-89/G/FL/B/910, FRESH LIVING APARTMENT, VITTAL RAO NAGAR, MADHAPUR, SERILINGAMPALLY, RANGA REDDY DISTRICT, STATE OF TELANGANA.

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF YOUTH ADVANCEMENT, TOURISM AND CULTURE (SPORTS) SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH.

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BOARD OF CONTROL OF CRICKET IN INDIA BCCI, REPRESENTED BY ITS SECRETARY, O/O. 4TH FLOOR, CRICKET CENTRE, WANKHEDE STADIUM, D ROAD, CHURCHGATE, MUMBAI, STATE OF MAHARASHTRA.

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ANDHRA CRICKET ASSOCIATION, A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, 1860 (VIDE REG. NO. 25/1953), AFFILIATED TO BCCI, OFFICE AT DR. YSR ACA VDCA

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CRICKET STADIUM, P.M. PALEM, VISAKHAPATNAM - 530041, ANDHRA PRADESH, REP. BY ITS SECRETARY.

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PRESIDENT, ANDHRA CRICKET ASSOCIATION, (REGISTERED AS ABOVE). HAVING ITS MAIN OFFICE AT DR. YSR ACA VDCA CRICKET STADIUM, P.M. PAIEM, VISAKHAPATNAM - 530041.

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VICE PRESIDENT, ANDHRA CRICKET ASSOCIATION, (REGISTERED AS ABOVE). HAVING ITS MAIN OFFICE AT DR. YSR ACA VDCA CRICKET STADIUM, P.M. PALEM, VISAKHAPATNAM - 530041.

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MR NIMMAGADDA RAMESH KUMAR IAS RETD, S/O. LATE RAVINDRANATH CHOWDARY, AGED ABOUT 68 YEARS, OCC. GOVERNMENT SERVICE, APPOINTED AS ELECTORAL OFFICER FOR APL 2025-2026 R/O. PLOT NO. 59, STREET NO. 3, PRASHASHAN NAGAR, JUBILEE HILLS, HYDERABAD.

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MR VALLABHANENI SUDHAKAR CHOWDARY, S/O. MOHANA RAO VALLABHANENI, AGED ABOUT 55 YEARS. MEMBER OF GOVERNING COUNCIL OF APL 2025-2026, OFFICE AT DR. YSR ACA VDCA CRICKET STADIUM, P.M. PALEM, VISAKHAPATNAM - 530041, ANDHRA PRADESH.

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MR RAVU VENKATA SUJAY KRISHNA RANGA RAO, S/O. VENKATA GOPALA KRISHNA RANGA RAO, AGED ABOUT 40 YEARS. MEMBER OF GOVERNING COUNCIL OF APL 2025-2026, OFFICE AT DR. YSR ACA VDCA CRICKET STADIUM, P.M. PALEM, VISAKHAPATNAM - 530041, ANDHRA PRADESH.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus (a). To declare the appointment of the 6th respondent as the Electoral Officer for the Andhra Premier League (APL) 2025-2026, resolution dated 18-03-2025 passed by the Apex Council pursuant to the of the 3rd respondent, as illegal, arbitrary, and contrary to Rule 37 of the Rules Regulations of the Andhra Cricket Association, and consequently set aside the and same (b). To declare the Minutes of the Special General Meeting dated 29-03- 2025, held at Radisson Blu Resorts, Visakhapatnam, presided over by the 5th respondent, in so far as they pertain to the election and appointment of respondents 7 and 8 as members of the Governing Council of the Andhra Premier League for the term 2025-2026, as illegal, void, arbitrary, and violative of Rule 32 of the Rules and Regulations of the Andhra Cricket Association, and violative of Articles 14 and 19(1)(c) of the Constitution

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India, apart from being violative of principles of natural justice, consequently set aside the same and To pass such

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant stay of all further proceedings pursuant to the Minutes of the Special General Meeting dated 29-03-202&,presided over by the 5th respondent, appointing the 7th and 8th respondents as elected members of the Governing Council of Andhra Premier above Writ Petition, and to pass such

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Counsel for the Petitioner(S):

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1.ANUP KOUSHIK KARAVADI

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Counsel for the Respondent(S):

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1.GP FOR SPORTS

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The Court made the following:

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ORDER:-

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Heard Sri Anup Koushik Karavadi, learned counsel for the petitioners and Sri N.Ravi Prasad, learned Standing Counsel for the 3^rd respondent.

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The Writ Petition is filed for the following reliefs:

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“(a). To declare the appointment of the 6th respondent as the Electoral Officer for the Andhra Premier League (APL) 2025-2026, pursuant to the resolution dated 18-03-2025 passed by the Apex Council of the 3rd respondent, as illegal, arbitrary, and contrary to Rule 37 of the Rules and Regulations of the Andhra Cricket Association, and consequently set aside the same;

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(b). To declare the Minutes of the Special General Meeting dated 29-03-2025, held at Radisson Blu Resorts, Visakhapatnam, presided over by the

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5th respondent, in so far as they pertain to the election and appointment of respondents 7 and 8 as members of the Governing Council of the Andhra Premier League for the term 2025-2026, as illegal, void, arbitrary, and violative of Rule 32 of the Rules and Regulations of the Andhra Cricket Association, and violative of Articles 14 and 19(1)(c) of the Constitution of India, apart from being violative of principles of natural justice, consequently set aside the same; and

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(c). To pass such other order or orders, direction or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice and equity.”

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The petitioner claiming to be former Cricket Captain of Andhra Ranji Trophy and served as a selector for Ranji Trophy, and as member of Indian Cricketer’s Association and the 2^nd petitioner claims to have played for Ranji and played in Andhra Pradesh and South Zone Teams across various divisions and having played in inter university tournaments representing Andhra Pradesh, have filed the instant writ petition challenging appointment of the Electoral Officer for conducting elections to the two elected posts of Governing Council of Andhra Premier League (APL) and declaration of 7^th and 8^th respondents as being elected (unanimous) members of the Governing Council of APL for the term 2025-26, as illegal.

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Elections to the Governing Council should be discussed and conducted only at the Annual General Body Meeting. However, the same were discussed and elections were held during a Special General Meeting convened on 29.03.2025 with a short notice of 11 days, which is contrary to

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Rule 9(4) of the Rules and Regulations of Andhra Cricket Association and further argues that the appointment of 7^th and 8^th respondents violates Rules 32 of ACA, convening the meeting in a short duration of 11 days contrary to mandatory stipulation of 21 days and electing 7^th and 8^th respondents a Members of Governing Council of APL, the petitioner further argues that he being a full member of the ACA, is deprived of his rights. It is contended that if such a Governing Council is permitted to proceed with conducting APL matches, it would erode the confidence of the participants and also compromise the integrity of the tournament. It is further contended that the appointment of an Electoral Officer for conducting elections to the Governing Council of APL at the Special General Meeting (SGM) violates Rule 37 of the Rules and Regulations of Andhra Cricket Association.

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Considered the submissions.

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Bye-law 3 of the Memorandum of Association (MOA) of the 3^rd respondent prescribes the membership of the ACA, which consists of Full Members and Associate Members.

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Full members would include District associations, recognized by

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ACA, and all former international cricket players from the State of Andhra Pradesh.

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Associate Members would be any Existing Member who does not fall within the definition of Full Member, and any other entity inducted by ACA as Associate Member.

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Existing member is defined under Bye-law 1(m) of the MOA, which means an association or other body corporate that was a member of the ACA immediately before the effective date.

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From the above, it can be said that an “individual” cannot become a full member of the ACA. It is not the case that the petitioners were inducted by the ACA as Associate Members. However, the petitioners claim to be members of the ACA. As mentioned above, a person whose identity is an individual cannot be called a Full Member of ACA as provided under Bye-law 3(a)(ii) unless the petitioners are recognised as an Associate Member or an International Player. Although the General Body, which is constituted of all members of ACA, only Full Members of the Association have the voting right. The Associate Members have no voting rights.

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The petitioner has no locus to challenge the internal conduct of the business affairs of the 3^rd respondent.

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Apart from the same, the contention of the learned counsel for the petitioners that the subject issue of electing members to the Governing Council could only be discussed at AGM not at SGM, this Court does not find any merit in the said submission, in as much as, as per Bye-law No. 8, at the AGM discussions for conducting of the elections to the Apex Council would take place every three years. And discuss the items specified under Bye-law 8(3). Bye-law 8 of the MOA specifies the issues to be addressed at the AGM under Bye-law 8(3), which stipulates that elections and nominations to the Apex Council shall take place every three years at the Annual General

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Meeting (AGM). It doesn’t deal with the elections to the governing council. Bye-law No.37 deals with the Electoral Officer, which specifies that four weeks before the AGM at which the election is to be held, the Apex Council shall appoint an Electoral Officer, who shall be a formal member of the Election Commission of Andhra.

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The Bye-law 93 of the MOA, specifies that the President may at his discretion direct the Secretary to convene a special general meeting at shorter notice, in which case a notice of at least ten days shall be given. For any other SGM, the Secretary shall give 21 days’ notice specifying the business to be transacted at the meeting. Quorum for the SGM shall be ten (10) members present and entitled to vote.

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Further, with regard to the grievance of the petitioners in appointing the Electoral Officer, it to be observed that although the Electoral Officer is to be appointed only to conduct, supervise, and deal with issues concerning the elections set out in Rule 37 of the Rules and Regulations of Andhra Cricket Association. Chapter VI of the MOA specifies the procedure for elections. Rule 37 of the Rules and Regulations of Andhra Cricket Association specifies that four (4) weeks before the AGM at which the elections are to be held, the Apex Council shall appoint an Electoral Officer, such elections would be to the Apex Council. Though for electing members to the Governing Council, such an Electoral Officer is not required to be appointed, however to have and to ensure transparency and a foolproof method in conducting election to an organ of an institute, if such a procedure has been adopted to

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suit their business expediency the same cannot be found fault with by the petitioner, who is not a member of the 3^rd respondent in terms of its Bye-law 3, to say that their rights have been infringed.

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