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Synopsis

The Supreme Court, on January 3, 2025, said that a matter related to a single-member committee's recommendations on the constitution of the Hyderabad Cricket Association should be considered with a pending matter concerning the Board of Control for Cricket in India.

The matter before the court arose out of a civil appeal filed by the Hyderabad Cricket Association against the Telangana High Court's 2021 judgment, which had set aside an order by a civil court for the suspension of the appointment of the Ombudsman-cum-Ethics Officer. The High Court had also dismissed the suit seeking a declaration that the appointment of the Ombudsman and the Ethics Officer by the Apex Council was not in accordance with the Constitution of the Hyderabad Cricket Association.

During the pendency of these petitions, the court noted that various orders had been passed, and with the passage of time, the scope of these petitions had been widely enlarged. By an order of August 22, 2022, the court had appointed a Supervisory Committee under the Chairmanship of the retired Chief Justice of the High Court of Andhra Pradesh, along with three members, which included an IPS officer serving as Director General, Anti-Corruption Bureau, Telangana State, and an ex-Indian cricketer who was the Director of the Hyderabad Cricket Academy of Excellence.

Subsequently, on February 14, 2023, the court directed that the Supervisory Committee would not survive, considering the fact that fair and proper elections of the executive body of the Hyderabad Cricket Association were essential. A retired judge of the court was appointed as a Single Member Committee to conduct the elections, which were held under the committee’s supervision. Further, the Single Member Committee made certain recommendations to be incorporated into the Constitution of the Hyderabad Cricket Association.

"When the said report of the Single Member Committee was placed before the court, a large number of objections were filed by different parties, some of them supporting the recommendations and others objecting to the same on various grounds," the bench noted.

The court further passed an order on December 5, 2023, and prima facie found that the recommendations made by the Single Member Committee were salutary recommendations. However, it observed that it would not like to shut out the parties from having their say. As an interim measure, it directed that the recommendations, in the meantime, would come into force and be implemented.

On December 5, 2024, when the matters were taken up, advocate Avishkar Singhvi, appearing for the elected office bearers, informed the court that the 2014 civil appeal was pending consideration before another bench of the court, where some of the issues involved in the present cases were also being considered. He submitted that the said civil appeal was dealing with a broader issue relating to the Constitution of the Board of Control for Cricket in India (BCCI) and that there was a direction passed therein, based on the guidelines and Constitution approved by the court, that all State Cricket Associations would have their Constitutions in line with the Constitution of the BCCI.

The counsel also said that some of the recommendations made by the Single Member Committee would be in conflict with the Constitution of the BCCI, and therefore, if the Hyderabad Cricket Association adopted the same, there would be a direct conflict with the directions issued in the said appeal. He thus submitted that the present matters should also be heard with the 2014 civil appeal so that there would be no conflicting views and orders. Further, the Regulations, Constitutions, and Guidelines of the BCCI and those of the State Cricket Associations would be in conformity with each other and as per the judgment and directions of the court passed in the 2014 civil appeal.

Some of the counsels appearing for the intervenors supported the submissions, while others opposed them, urging the court to proceed with these matters. The bench, however, preferred to tag the matter with the pending 2014 civil appeal by urging the Chief Justice of India to pass appropriate orders.

A bench of Justices Vikram Nath and Satish Chandra Sharma observed that once the issue was raised regarding the recommendations made by the single-member committee, which were to be approved or disapproved in the present case, and may be in conflict or not in consonance with the Constitution, Regulations, and Guidelines of the BCCI, it would only have been appropriate that these matters be tagged with the 2014 civil appeal (BCCI Vs Cricket Association of Bihar) and heard by the same bench.

Court directed the Registry to place the papers before the Chief Justice for passing appropriate orders.

Case Title: M/S THE HYDERABAD CRICKET ASSOCIATION VS. M/S CHARMINAR CRICKET CLUB & ANR