TAPASH GHOSH Vs. TRIPURA CRICKET ASSOCIATION

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for enforcement of the Constitutional rights of the petitioner, guaranteed under Articles 14 and 21 of the Constitution of India and his statutory rights, granted under the Memorandum of Association and Rules and Regulations of Tripura Cricket Association.

(2.) It is the case of the petitioner that to settle the dispute amicably, this Court took initiative and lastly vide order dtd. 3/8/2023 passed a detailed order. Flouting the order the respondent No.2 and 3 issued notice for convening Special General Meeting of the General Body of TCA, and thereafter, in the General Meeting dtd. 9/8/2023, they took an illegal decision ousting the petitioner from the post of Secretary as his club has withdrawn him as representative. The petitioner requested the respondent No.2 to supply a copy of the resolution of the Special General Meeting dtd. 9/8/2023 of General Body of TCA, but till date the same has not been supplied. On 11/8/2023, the respondent No.2 by an order conveyed that General body declared that the petitioner became functus officio to hold the chair of Secretary, and power of Secretary is vested to Joint Secretary. Challenging the Notice of the meeting, resolution and the order dtd. 11/8/2023, the petitioner has filed the instant writ petition. Mr. P. Sharma, learned counsel for the Tripura Cricket Association' respondents has raised preliminary objection saying that the instant writ petition is not maintainable and prayed for dismissing the same. Mr. Sankar Lodh, learned counsel appearing for the petitioner submits before this court that the petitioner was ousted from the post of Secretary and he was deprived of his legitimate right to continue as an office bearer in the Association.

(3.) On the other hand, learned counsel appearing for the respondents submit before this court that whether right or wrong, the petitioner has been ousted from his position and subsequently fresh election has been held on 15/2/2024 and new office bearers have taken charge. In view of the above, deciding the matter at this juncture would only be academic and no fruitful purpose would be served. Considering the said submission of the learned counsel for the parties, the present writ petition stands dismissed. As a sequel, stay, if any, stands vacated. Pending application(s), if any, also stands closed.