AMBATI RAMAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) W.P. No. 135 of 2011 is with a request to direct the State Government to complete the enquiry against the Andhra Cricket Association expeditiously and to restrain the said association from amending its bye-laws in the Special General Body meeting scheduled on 09-01-2011 to scuttle the enquiry. The petitioner claimed to be the President of the Guntur United Club, which was a member of the Andhra Cricket Association and in W.P. No. 21134 of 2009, though an interim direction was given permitting his participation in the activities of Andhra Cricket Association, later the writ petition was held to be not maintainable. In W.P. No. 16645 of 2009, a Division Bench directed the State Government to conduct an enquiry on 22-09-2009. In the counter in the said writ petition, the Secretary, Sports of the State Government specified about allotment or alienation of land at five places and purchase of land by Andhra Cricket Association at Mangalagiri from the Urban Development Authority. Alleging the 3rd respondent to be manipulating the affairs of the association and to have convened a special general body meeting without mandatory notices or requisition or agenda, the petitioner claimed that the proposed amendments are illegal and unconstitutional and the sweeping amendments put the association in jeopardy. The enquiry directed by the Court has a statutory source in Section 28 of the Societies Registration Act, 1860. Hence, the writ.

(2.) At the time of admission, an interim direction was given to maintain status quo with regard to the amendment of the bye-laws.

(3.) The Andhra Cricket Association and the 3rd respondent as its Honorary General Secretary contended that the Government has absolutely no role to play directly or indirectly in the affairs of the Andhra Cricket Association and there is no financial assistance by the Central or State Governments. The source of income is the Board of Control for Cricket in India, to which the association is affiliated. The allotment of lands to the association was on the basis of payment of market value. Later the Principal Secretary to Government clearly stated in his Memo, dated 26-07-2011 that the association was not allotted any Government land on lease and is not funded by the Government. Elections to the association were conducted and the new Body took charge and the writ petition is premature when no new bye-laws are adopted. Even otherwise, the proposed amendments have to be questioned before the District Court. Hence, it is desired that the interim direction be vacated and the writ be dismissed.