APHC010226582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 522 of 2025 Bench Sr.No:-7 [3483] The West Godavari Dist. Cricket Association ...Appellant Vs. Andhra Cricket Association ...Respondent ********** Advocate for Appellant: Mr. Satish Parasaran, Senior Advocate, appearing vice Mr. P. Pavan Kumar Rao Advocate for Respondent: Mr. B. Adi Narayana Rao, Senior Counsel, appearing vice Mr. N. Ravi Prasad CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 29th April, 2025. PER DHIRAJ SINGH THAKUR, CJ: The present Writ Appeal has been preferred against an interim order dated 17.04.2025 passed in I.A.No.1 of 2025 in Writ Petition No.9891 of 2025. 2. The petition was filed by the appellant which is West Godavari District Cricket Association and is a member of the State Cricket Association challenging the order passed by the Secretary of the State Cricket Association whereby it appointed a three-member committee to conduct an enquiry in all respects pertaining to the alleged facts of omission and commission in the working of the West Godavari District Cricket Association and until such time as the exercise was completed, it was ordered by the Secretary of the State Association that the Office Bearers of the West Godavari Cricket Association 2 HCJ & RCJ WA_522_2025 would cease all activities including the election which was scheduled to be conducted on 20th of April 2025. The order further envisaged that the three- member committee would temporarily administer all cricketing activities under the jurisdiction of the District Cricket Association. 3. It appears that the affairs of the District Cricket Association are governed by a governing body, which consists of six members who are duly elected. In a Special General Body Meeting of the District Association, it was resolved that the tenure of the governing body would be extended up to 30th of April 2025. In the meantime, it appears that during the extended period, the District Cricket Association appointed an election officer to conduct elections for the members of the Governing Body for the year 2025 – 28, as the tenure of the members is ordinarily three years. It appears that a complaint was made, in the meantime, to the State Cricket Association which was followed by the order impugned passed by the Secretary. 4. The said order of the Secretary, dated 15.04.2022, was challenged by the appellant before the learned single Judge on the ground firstly that it was without jurisdiction inasmuch as the bye-laws of the State Association did not envisage any authority with the Secretary of the State Association to go into any complaint and pass appropriate orders on that and that it could at best forward the complaint to the Ombudsman or else forward the complaint to the Apex Council who could either look into the complaint itself or forward it for 3 HCJ & RCJ WA_522_2025 disposal to the Chief Executive Officer of the State Association as the case maybe. 5. The stand of the respondent, on the other hand, was that there was no effort by the State Association to take over the affairs of the District Association and that the State Association had acted prudently with a view to fill up the vacuum which was caused on account of the expiry of the term of the members of the Governing Body. It is stated that the Special General Body of the West Godavari District Cricket Association could not have at all taken a decision to extend the term of the Governing Body as no such power was ever vested in the bye-laws of the District Association, which could have permitted the General Body to take such a decision in a Special General Body Meeting, which was held. It is stated that the action of the District Association in appointing an Election Officer and conducting the election was also without jurisdiction. In those circumstances, it is stated by Mr. Adinarayana Rao, learned counsel for the respondent - Andhra Cricket Association, that there was no illegality in the order that was passed as it was incumbent upon the State Association to ensure that the sporting activity of cricket did not suffer in the interregnum. 6. It is in these circumstances that the learned single Judge after hearing the parties at length ordered that since the parties had not disputed the jurisdiction of the Ombudsman to resolve the issues that had cropped up, it 4 HCJ & RCJ WA_522_2025 would be appropriate to direct the parties to approach the Ombudsman within one week from the date of receipt of the order and it was further ordered that till such time as appropriate orders were passed by the Ombudsman in accordance with law, the election schedule be kept under suspension. It was further ordered that the office bearers of the District Association in the Governing Body would continue to function as such till 30.04.2025, whereafter pending passing of final orders by the Ombudsman on the issue referred to it, the interim arrangement made by the respondent Secretary of the State Association for administering the cricket activities of the District Association would come into force. 7. It is precisely this part of the order which envisages the taking over of the cricket activities of the District Association by a committee envisaged by virtue of the orders passed by the Secretary of the State Association of which the appellant claims to be aggrieved of. 8. It is stated that allowing the committee to be appointed by an Officer of the State Association, who otherwise seems to be inimical to the District Association, would in fact enable the State Association to ensure that the cricketing activities genuinely run by the District Association are harmed. It is in those circumstances suggested that they would have no objection in case the issue of who would run the affairs of the District Association in the interregnum between 30.04.2025 and till such time as the issue is conclusively 5 HCJ & RCJ WA_522_2025 decided by the Ombudsman is decided by nonetheless than by the Ombudsman itself. 9. Mr. Adinaryana Rao appearing for the Andhra Cricket Association does not have any objection to this suggestion that the judgment and order impugned to that extent could be modified with a view to leaving the Ombudsman free to decide as to who would run the affairs of the West Godavari District Cricket Association after 30.04.2025. 10. Be that as it may, since there is consensus ad idem on this particular issue, the judgment and order to the limited extent that instead of the Committee appointed by the Secretary of the State Association taking over the affairs of the District Association after 30.04.2025, it shall be open to the Ombudsman to make any arrangement as it deems fit and proper, for running the affairs of the District Association, pending final decision on the issues which are before the Ombudsman. 11. Learned Senior Counsel for the appellant has vehemently urged that appropriate directions be issued to the Ombudsman to decide the matter at the earliest, preferably within a time frame of 2 to 3 weeks, however, we feel that no specific direction in this regard is required, fixing a time frame, as we hope that appropriate orders would be passed without any undue delay. 12. The present writ appeal is accordingly disposed of. 6 HCJ & RCJ WA_522_2025 No order as to costs. Pending miscellaneous applications, if any, in this appeal, shall stand closed. DHIRAJ SINGH THAKUR, CJ. RAVI CHEEMALAPATI, J. SSN