SIDDHARTH SAHIB SINGH Vs. APEX COUNCIL OF DDCA

JUDGEMENT

(1.) Petitioner herein, who is the Secretary of the Delhi and District Cricket Association (hereinafter referred to as 'the DDCA') has approached this Court by filing the present Writ Petition under Article 226 of the Constitution of India challenging the notice dtd. 10/6/2023, issued by the Apex Council of DDCA, for convening the Extra-Ordinary General Meeting (hereinafter referred to as 'the EGM') of the Members of the DDCA on 5/7/2023 at 09:00 AM at the registered office of the DDCA at the Arun Jaitley Stadium, Ferozshah Kotla Ground, New Delhi.

(2.) Shorn of unnecessary details, the facts, leading to the present Writ Petition are as under:

(3.) Mr. Rahul Mehra, learned Senior Counsel appearing for the Petitioner, has taken this Court through various provisions of the Articles of Association of the DDCA to contend that the notice dtd. 10/6/2023 calling for an EGM of the Members of the DDCA on 5/7/2023 at 09:00 AM at the registered office of the DDCA for ratifying its resolution dtd. 10/4/2023 by which the Apex Council had appointed Justice M M Kumar (Retd.), Former Chief Justice of High Court of Jammu and Kashmir as the Ombudsman cum Ethics Officer of the DDCA is completely contrary to the procedure laid down in the Articles of Association of the DDCA. He contends that Article 1(f) of the Articles of Association (hereinafter referred to as 'AoA') defines the Apex Council as the principal body of the DDCA tasked with the governance of the DDCA as set out in Article 17 of the AoA. He then takes this Court through Article 10 of the AoA which lays down the rules regarding conduct of the Annual General Meeting of the General Body of the Apex Council. Article 10(1) of the AoA stipulates that the Annual General Meeting of the General Body shall be held every year, not later than 30th September, at such place and time as the President may fix. Mr. Mehra then draws the attention of this Court to Article 10(5) of the AoA which stipulates the businesses that have to be transacted only at the Annual General Meeting of the General Body of the DDCA. He states that Article 10(5)(f) of the AoA provides that the Ombudsman cum Ethics Officer of the DDCA can be appointed only at the Annual General Meeting of the General Body of the Apex Council which is held annually. He then takes this Court to Article 17(2) of the AoA which deals with the composition of the Apex Council of the DDCA. He states that Article 17(2) of the AoA stipulates that the Apex Council shall consist of a total of 18 Directors including the Secretary of the DDCA. Mr. Mehra then takes this Court to Article 18(9) of the AoA to contend that only a Resolution passed by circulation to all members of the Apex Council is valid and effective, furthermore, only a Resolution by circulation to all members of the Apex Council can be ratified at the next meeting of the Apex Council. Mr. Mehra then draws the attention of this Court to Article 18(2) of the Articles of Association to contend that the Apex Council has all the powers of the General Body and has the authority and discretion to do all acts and things except such acts which are expressly directed to be done by the General Body. Exercise of such powers, authorities and discretion shall be subject to the control and regulation of the General Body. In short the contention of Mr. Mehra is that the Resolution which is alleged to have been passed on 10/4/2023 by which Justice M M Kumar (Retd.), Former Chief Justice of High Court of Jammu and Kashmir has been appointed as the Ombudsman cum Ethics Officer of the DDCA is not valid since the Petitioner herein, who is the Secretary of the Apex Council, has not signed the resolution. He further contends that Article 10(5)(f) of the AoA specifically provides that the appointment of Ombudsman cum Ethics Officer of the DDCA can be done only at the Annual General Meeting of the General Body of the Apex Council which is held annually and in view of the fact that Article 18(2) of the Articles of Association bars the Apex Council to do such acts which are expressly directed to be done by the General Body, the Apex Council ought not to have appointed Justice M M Kumar (Retd.), Former Chief Justice of High Court of Jammu and Kashmir as the Ombudsman cum Ethics Officer of the DDCA in a clandestine manner and the same cannot be ratified by the EGM which is to be held on 5/7/203. He, therefore, states that the Resolution dtd. 10/4/2023 is invalid and, therefore, the notice dtd. 10/6/2023, calling for an EGM of the Members of the DDCA for ratifying its resolution dtd. 10/4/2023 appointing Justice M M Kumar (Retd.), former Chief Justice of High Court of Jammu and Kashmir as the Ombudsman cum Ethics Officer of the DDCA is invalid in law and this Court should exercise its power under Article 226 of the Constitution of India to strike it down.