KAMALA KANTA KALITA Vs. ASSAM CRICKET ASSOSCIATION

JUDGEMENT

(1.) By making this application under Article 226 of the Constitution of India, the petitioners have sought to get set aside and quashed the notice, dated 02.01.2006, issued by the respondents No. 2 as Secretary of the Assam Cricket Association, whereby the Annual General Meeting of the said Association was convened on 22.01.2006, at Karimganj, to, inter alia, elect the office-bearers and members of the Governing Body of the said Association for the next tenure. With the help of the present writ petition, the petitioners have also sought for a direction to be issued to the respondents to hold the General Body Meeting of the said Association in the month of June, 2006.

(2.) If put in a narrow compass, the case of the writ petitioners unfolds thus : The Assam Cricket Association (in short, 'the ACA') is an affiliated member of the Board of Control of Cricket in India, popularly known as the BCCI, and discharges public functions and duties, such as, selection of the Assam cricket team to participate in various national and domestic tournaments. The ACA also controls the activities of the players involved in the filed of cricket in Assam. The activities of the ACA are akin to public duties. The petitioner No. 1 is an elected office-bearer of the ACA holding the office of the Vice-President and the petitioner No. 2 is a member of the Governing Body of the ACA. The present Governing Body of the ACA was constituted in the Annual General Meeting (in short, 'the AGM') of the ACA held on 9th and 10th of November, 2002, at Bongaigaon. At the time, when the present Governing Body was elected, the tenure of the Governing Body was two years; but thereafter, pursuant to the amendment of the constitution of the ACA made on 11/01/2004, the tenure of the Governing Body has been enhanced to 4 years. As the tenure of the Governing Body, according to the constitution of the ACA, is 4 years, the tenure of the present Governing Body would have, in the normal course, expired on 10th of November, 2006 and not before. Hence, if a new Governing Body is elected in the AGM to be held on 22/01/2006, it will shorten the tenure of the present Governing Body by about 11 months and this is impermissible under the constitution of the ACA, for, Rule 20 of the said constitution makes it clear that the new office-bearers for the Governing Body would be elected at the end of the tenure of 4 years. Though the Governing Body meeting of the ACA was held on 18/12/2005, at Goalpara, which was presided ever by the respondent No. 3 as President, no decision was taken in the said meeting to shorten the tenure of the present Governing Body or to hold the AGM, on 22/01/2006, at Karimganj. Since under Rule 18(a), the power is vested in the Governing Body of the ACA to fix the date, time and venue of the General Body Meeting of the ACA and since no decision had been taken, on 18/12/2005, as mentioned hereinabefore, with regard to holding of the AGM, on 22.01.2006, at Karimganj, to elect a new Governing Body, the notice, dated 02.01.2006, aforesaid, which has been issued by the respondent No. 2 as Secretary, is not sustainable inasmuch as the agenda for the AGM includes election of office-bearers and members of the Governing Body for the next tenure. It is, thus, neither necessary nor legal to shorten the tenure of the present Governing Body and hold election on 22/01/2006. The steps to hold the election have been resorted to for the purpose of enabling the President, who is a powerful Cabinet Minister in the State of Assam, to garner support and hold the election of the Governing Body during the time, when he remains a Minister, so as to enable him to get reelected. The holding of the election for constituting a new Governing Body would also hamper the management of the Governing Body in the State of Assam, particularly, when the 'Ranji Trophy One Day Tournament' is scheduled to be held in February, 2006 and One Day International match between India and England is stated to be held, in April, 2006. The petitioners, being members of the Governing Body, have legitimate expectation to continue till end of their tenure and the impugned notice has the effect of taking away the rights of the petitioners to continue in office till the end of their tenure. The AGM has, thus, been fixed, at Karimganj, with mala fide intention and when huge public money would be handled by the ACA, the Governing Body of the ACA, which will deal with the public money, shall be constituted in accordance with law. Since the Governing Body, to be constituted on 22/01/2006, at Karimganj, will not be legally valid, holding of such a meeting or holding of election for constituting a new Governing Body should not be permitted.

(3.) While issuing notice of motion, on 20/01/2006, in this case,the Court passed, as an interim measure, directions to the effect that until 27.01.2006, the results of the election of the ACA shall, if held in the meanwhile, not be acted upon without leave of this Court. When the matter came up, again, on 27/01/2006, the respondents, as the ease record reveals, resisted extension of the interim directions on the ground that since elections have already been held, on 22/01/2006, at Karimganj and a new Governing Body also stands elected, balance of convenience lies in allowing the newly constituted Governing Body to assume office. As the record reflects, it was also agitated, on behalf of the respondents on 27/01/2006, that the interim directions passed, on 20/01/2006, may not be extended any further, for, the writ petition itself is not maintainable.