SUNIL KUMAR Vs. COMMITTEE OF ADMINISTRATORS

JUDGEMENT

(1.) Counsel for the respondent no. 5 is directed to make necessary correction in affidavit dated 18.09.2019 during course of day.

(2.) Today, when the case is called out counsel for the petitioner referred to Annexure-8 page 40 of the writ petition which is election notice dated 06.09.2019 under the signature of Sri Shiv Basant, Electoral Officer-respondent no.4 wherein it has been mentioned in clause-1 that eligible members desirous of contesting election for the above posts may submit their nomination papers in prescribed proforma available in the office of the undersigned (available from 10.00 A.M to 2.00 P.M on September, 09-11.2019) duly proposed and seconded by members of J.S.C.A to the undersigned at the office of Electoral Officer, J.SCA in sealed envelopes not later than 12.00 noon on September, 12, 2019. Nominations may be withdrawn by candidates not later than 12.00 noon on September 14,2019, in writing addressed to the undersigned in a sealed envelope. Scrutiny of nomination paper will take place on September 16, 2019 at 2 p.m. The final list of candidates will be published at 8 P.M of the same day. Clause 2 of the notice provides that affiliated district cricket associations are to elect four District Representative (Committee Members). Authorized and eligible district representatives desirous of contesting for the above posts may submit their nomination papers, in prescribed proforma available in the office of the undersigned, duly proposed and seconded by two different district associations to the undersigned in sealed envelopes not later than 12 noon on September 12, 2019. Nominations may be withdrawn by candidates not later than 12.00 noon on September, 14, 2019 in writing addressed to the undersigned in a sealed envelope. Scrutiny of nomination papers will take place on September 16, 2019 at 2 p.m and the final list of candidates will be published at 8 p.m of the same day. Referring to Annexure-3 of the writ petitioner, counsel for the petitioner has submitted that petitioner had been the President of another sports body, being the Jharkhand Wushu Association, since the petitioner was desirous of contesting in the elections of JSCA, the petitioner on 09.09.2019 tendered his resignation from the post of Jharkhand Wushu Association.

(3.) Counsel for the petitioner referring to Annexure-6 of the writ petition has submitted that the date of scrutiny of nominations was scheduled on 14.09.2019. At the time of scrutiny, when the petitioner was also present, some other candidates raised an objection that the petitioner cannot contest because he is president of Jharkhand Wushu Association. The petitioner, when faced with such objection, produced copy of his resignation letter dated 09.09.2019. The said resignation letter was seen by the Electoral Officer of JSCA, and without even seeking any clarification from the petitioner, without even seeking any clarification from the Jharkhand Wushu Association, without even giving any opportunity of hearing to the petitioner, passed an order rejecting the nomination of the petitioner. So, prayer has been made on behalf of the petitioner for quashing order dated 14.09.2019 of the Electoral Officer, JSCA, to forthwith restore the nomination of the petitioner for election for the post of Vice president which is scheduled to be held on 22.09.2019 and to permit the petitioner to contest in the ensuing elections of the JSCA scheduled to be held on 22.09.2019. An affidavit dated 18.09.2019 has been filed on behalf of the respondent no. 5 stating therein that the petitioner had tendered his resignation (Annexure-3 to the writ petition) in the meeting of the Executive Council held on 09.09.2019 at Ranchi and the Executive Committee accepted his resignation on the same day i.e 09.09.2019. Today, a counter-affidavit has been filed on behalf of the respondent no. 3 in which in para 8 it has been stated that the respondents-society is guided by its own Bye- laws which is incorporated in the Memorandum of Association. Clause 9 of the said Bye-laws contains disqualification for a person from becoming an office bearer or member of Committee of Management or a member of any sub-committee or a representative of BCCI. Clause 9 of the said Bye-laws reads as under:-