VINOD PHADKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Maneshinde, Mr. S. S. Kantak and Ms. Rakhi Chodankar, learned Counsel for the applicant in Criminal Misc. Application No. 50/2001 and Mr. Adhik Shirodkar, learned Senior Counsel with Mr. S. S. Kantak and Ms. R. M. Shirodkar, learned Counsel for the applicant in Criminal Misc. Application No. 51/2001 and Mr. A. N. S. Nadkarni, learned Advocate General for the State. Rule. Respondents waive service. Rule made returnable forthwith with the consent of the parties.

(2.) THE first applicant is the Honorary Secretary, whereas the second applicant is the President of the Goa Cricket Association (hereinafter referred to as "the Association" ). The Association is a society registered under the Societies Registration Act, 1860, and its working/management is governed by the provisions of its bye-laws as amended and approved from time-to-time. Its affairs are managed by the Managing Committee consisting of 12 members headed by the President and other office bearers include two Vice Presidents, one Honorary Secretary, two Honorary Joint Secretaries, one Honorary Treasurer and five members and in addition, the patrons and life members are required to elect one member from amongst themselves on the Managing Committee.

(3.) THE Board of Control for Cricket in India had allotted the Fifth and last One Day International Cricket game to be played between Australia and India on 6th April, 2001, to the Association. Accordingly, the Association with the co-operation of the Sports Authority of Goa, as well as the State Government had taken steps for the said match to be played at the Pandit Jawaharlal Nehru Stadium at Fatorda (Margao) and this Stadium was allowed to be used for this match by the Sports Authority. The sitting capacity of this Stadium is 27,300. For the management of this event various committees came to be constituted by the Association and the Tender Committee and the Finance Committee are relevant for the present considerations. The President and Secretary were members of the Tender Committee alongwith one Ramnath Shankar Das, who is the Honorary Treasurer of the Association. In the Finance Committee, there were six members, including the Honorary Secretary and Treasurer and the President was not in the said Committee.