PRAMOD Vs. KERALA CRICKET ASSOCIATION

JUDGEMENT

(1.) The writ petition is filed under Article 227 of the Constitution of India seeking the issue of directions/orders to the subordinate court below to hear and dispose two petitions (Exts.P2 and P3) moved by the petitioner, in a proceeding under Section 9 of the Arbitration and Conciliation Act, 1996, expeditiously.

(2.) The short facts involved can be summed up thus: Petitioner is the Secretary of Thrissur District Cricket Association. An arbitral proceeding as contemplated by the bye-laws of the first respondent, Kerala State Cricket Association, is now going on with respect to a dispute relating to the election to the Managing Committee of the District Association. Arbitral reference of that dispute commenced pursuant to proceedings initiated by one of the affiliated clubs of the association before the District Court, Thrissur.. seeking some interim reliefs under Section 9 of the Arbitration and Conciliation Act 1996, hereinafter referred to as 'the Act'. The application moved by that club as O.P.(Arb.). No. 128/2008, related to a dispute whether that club is a temporary affiliated member or not and its voting right to participate in the proposed election to the managing committee of the Association. Voters list prepared to elect the office bearers of the Association provided two votes to some clubs was canvassed for an interim relief of temporary injunction to restrain the conducting of the proposed election. The respondent in that arbitration petition was Thrissur District Cricket Association. The application, O.P.(Arb.) No. 128/2008, was disposed passing an order of temporary injunction restraining the District Cricket Association from conducting the proposed election till finalisation of the arbitration proceedings. Pursuant thereto, the dispute whether some of the clubs of the District Cricket Association could exercise two votes in the election was referred to arbitration by the Kerala State Cricket Association. After commencement of that arbitration proceeding, the District Cricket Association moved another application under Section 9 of the Act, to restrain the first respondent, namely, Kerala Cricket Association, from appointing an adhoc committee from taking charge of its management. In that proceeding, the District Court passed an order ex parte, restraining the adhoc committee appointed by the first respondent from taking charge of the District Cricket Association till the disposal of that petition.

(3.) The first respondent, Kerala Cricket Association, appeared and filed a counter contending that the period of the present office bearers of the District Cricket Association had already expired, that they have no right or authority to continue, and that serious allegations of misappropriation have been imputed against the present office bearers of that Association, and, therefore, its administration has to be handed over to the adhoc committee appointed. After hearing the parties, the District Court passed an order appointing a Commissioner as office bearer of the District Cricket Association, till the elections are over, A senior member of the Bar was appointed as the Commissioner by the court to manage the affairs of the Association. The above order passed by the court on 13.8.2008 still continues to be in operation with the affairs of the District Cricket Association managed by a Commissioner appointed by the court in the place of the adhoc committee sought to be appointed by the first respondent, Kerala Cricket Association. The petitioner Association moved an application before the court for issuing directions to the Advocate Commissioner to conduct election to the post of the office bearers of the Association forthwith or in the alternative, to select three of its members as nominees by way of election to represent the Association in the election to the officer bearers of the first respondent Kerala Cricket Association. The election to the office bearers of the first respondent is scheduled to be conducted soon, and if the petitioner Association is not represented in such election, it may harm its interest, was the grievance canvassed for the relief claimed in the petition. Ext.P3 is the copy of that petition. The petitioner had also moved another petition to restrain the arbitrator appointed by the Central Council of the first respondent, Kerala Cricket Association, contending that his appointment was without authority. Ext.P2 is the copy of that application. The writ petition has been filed for issuing directions to the District Court for expeditious disposal of Exts.P2 and P3 applications invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India.