APHC010295522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14946/2025 Between: 1. GUNTUR DISTRICT CRICKET ASSOCIATION, (GDCA), REP BY ITS SECRETARY, D.RAMESH KUMAR, S/O LATE BULLIABBAI, AGED 66 YEARS, SATYA NIVAS, 2ND LINE, 12TH CROSS ROAD, BRODIPET, GUNTUR - 522002. 2. M.S.P.V.RAMANA MURTHY,, S/O LATE M.L.N.D.PRASADA RAO, AGED ABOUT 64 YEARS. VETERAN CRICKETER, PRESIDENT, GUNTUR DISTRICT CRICKET ASSOCIATION, DR.NO.3-14-130, 2ND LINE, PATTABHIPURAM, GUNTUR 522006, GUNTUR DT, AP. 3. H.RAM PRASAD,, S/O H.KISHAN PRASAD CHOUDARY, AGED ABOUT 74 YEARS. VETERAN CRICKETER AND MEMBER OF INDIAN CRICKETERS ASSOCIATION, NO.402, ZNR UNITED SPLENDOR, SRINAGAR COLONY,HYDERABAD-73. 4. M.A.RAHAMAN,, S/O LATE ELLIYAS UR REHMAN, AGED ABOUT 62 YEARS. VETERAN CRICKETER AND MEMBER, INDIAN CRICKETERS ASSOCIATION R/O NO.1-89/G/FL/B/910, FRESH LIVING APARTMENT, VITTAL RAO NAGAR, MADHAPUR, SERILINGAM PALLI, K.V.RANGA REDDI, TELANGANA - 500081 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, YOUTH SERVICES AND SPORTS DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, AP. 2. ANDHRA CRICKET ASSOCIATION ACA, REP BY ITS SECRETARY, DR.YSR ACA VDCA CRICKET STADIUM, D.NO. 10-24/1, NH-16, POTHINAMALLAYAPALEM, VISAKHAPATNAM - 530 041, AP, INDIA. 2 3. SRI KESINENI SIVANATH, PRESIDENT OF ANDHRA CRICKET ASSOCIATION (ACA), DR.YSR ACA VDCA CRICKET STADIUM, D.NO. 10-24/1, NH-16, POTHINAMALLAYAPALEM, VISAKHAPATNAM - 530 041, AP, INDIA. 4. SRI PULAPARTHI VENKATA RAMA PRASANTH, VICE-PRESIDENT OF ANDHRA CRICKET ASSOCIATION (ACA), DR.YSR ACA VDCA CRICKET STADIUM, D.NO.10-24/1, NH-16, POTHINAMALLAYAPALEM, VISAKHAPATNAM - 530 041, AP, INDIA. 5. SRI SANA SATHISH BABU, SECRETARY OF THE ANDHRA CRICKET ASSOCIATION (ACA), DR.YSR ACA VDCA CRICKET STADIUM, D.NO.10-24/1, NH-16, POTHINAMALLAYAPALEM, VISAKHAPATNAM - 530 041, AP, INDIA. 6. SRI P VISHNU KUMAR RAJU, JOINT SECRETARY OF THE ANDHRA CRICKET ASSOCIATION (ACA), DR.YSR ACA VDCA CRICKET STADIUM, D.NO.10-24/1, NH-16, POTHINAMALLAYAPALEM, VISAKHAPATNAM - 530 041, AP, INDIA. 7. SRI DANDAMUDI SRINIVAS, TREASURER OF ANDHRA CRICKET ASSOCIATION (ACA), DR.YSR ACA VDCA CRICKET STADIUM, D.NO.10-24/1, NH-16, POTHINAMALLAYAPALEM, VISAKHAPATNAM - 530 041, AP, INDIA. 8. DANTU GOUR VISHNU TEJ, COUNCILOR OF ANDHRA CRICKET ASSOCIATION (ACA), DR.YSR ACA VDCA CRICKET STADIUM, D.NO.10-24/1, NH-16, POTHINAMALLAYAPALEM, VISAKHAPATNAM - 530 041, AP, INDIA. 9. SRI YENUMULA SRIDHAR, S/O Y. VENKATESWARA RAO,AGED 53 YEARS, OCC BUSINESS, MEMBER OF THE GUNTUR DISTRICT CRICKET ASSOCIATION (GDCA), R/O 18-7-350, FLAT NO.202, SUBHAM RESIDENCY, KALYANI ROAD, GUNTUR-522006. 10. MR SINGARAJU LAKSHMIKANTH, S/O MALLIKARJUNA RAO, AGED 40 YEARS, OCC BUSINESS,MEMBER OF GDCA, R/O 25-8-27/A, 2ND LANE, RAMA NAMA KSHETHRAM, R.AGARAHARAM, GUNTUR-522003. RR 9 AND 10 ARE IMPLEADED AS PER THE COURT'S ORDER DT.10.07.2025 IN I.A.NO. 03 OF 2025. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an order or direction, more particularly, one in the nature of writ of Mandamus, (i) Declare the 72nd Annual General Meeting 3 (AGM) of the Andhra Cricket Association held on 08.06.2025 as illegal, void ab initio. and of no legal effect, owing to the non-circulation of mandatory documents, denial of participation to full members, breach of Regulation 8(5) and 41 of the ACA Regulations, and the lack of transparency and procedural fairness (ii) Set aside all decisions, approvals, ratifications, and resolutions passed during the said 72nd AGM dated 8.6.2025, including but not limited to the ratification of financial expenditures, the adoption of amendments to the ACA Regulations, and the appointments made to various statutory and cricketing committees (iii)Declare that the office bearers elected in the Special General Meeting held on 08.09.2024 are ineligible to continue in office in the light of grave irregularities committed in the elections and also have forfeited their right to continue in office, in view of the series of procedural, financial, and legal violations committed during their tenure, including the unauthorized withdrawal of Rs.48 crores from ACA funds in violation of judicial restraint and without General Body approval (iv)Appoint a neutral and independent Committee of Administrators (CoA), to take over the management and affairs of the Andhra Cricket Association, with a mandate to ensure compliance with the recommendations of the Hon'ble Justice Lodha Committee and the binding directives of the Hon'ble Supreme Court of India and to Conduct free, fair, and transparent elections to the Apex Council and office bearer positions within a time frame fixed by this Hon'ble Court and (v)Pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to appoint a neutral and independent Committee of Administrators (CoA), in order to take over the management and affairs of 2nd respondent Andhra Cricket Association, with a mandate to ensure compliance with the recommendations of the Hon’ble Justice Lodha Committee and the binding directives of the Hon’ble Supreme Court of India and to Conduct free, fair, and transparent elections to the Apex Council and office bearer positions within a time frame fixed by this Hon’ble Court, in the interest of justice, pending disposal of the main writ petition, and pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay all further proceedings in pursuant to the 72nd Annual General Meeting (AGM) of the Andhra Cricket Association held on 08.06.2025, in the interest of justice, pending disposal of the main writ petition, and pass IA NO: 3 OF 2025 4 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to allow the implead petition filed by the petitioners herein to be impleaded as Respondents No.9 and 10 in the writ petition and pass Counsel for the Petitioner(S): 1. BHARAT BABU.N Counsel for the Respondent(S): 1. GP FOR SPORTS 2. BALAJI MEDAMALLI 3. N RAVI PRASAD APHC010358062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17945/2025 Between: 1. VISAKHAPATNAM DISTRICT CRICKET ASSOCIATION, REP. BY ITS HONORARY SECRETARY, K. PARTHASARADHI, S/O SRI K.A. NARASIMHA MURTHY, AGED 81 YEARS, DR.Y.S.R., ACA-VDCA CRICKET STADIUM, POTHINA MALLAYYA PALEM, VISAKHAPATNAM-530041. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, YOUTH SERVICES AND SPORTS DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, AP. 2. ANDHRA CRICKET ASSOCIATION ACA, REP BY ITS SECRETARY, DR.YSR ACA VDCA CRICKET STADIUM, D.NO. 10-24/1, NH-16, 5 POTHINAMALLAYAPALEM, VISAKHAPATNAM - 530 041, AP, INDIA. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus (i) Declaring the action of the 2nd Respondent in convening and conducting the 72nd Annual General Meeting of the Andhra Cricket Association on 08.06.2025, without adherence to the mandatory principles of transparency, procedural fairness and participatory governance as contemplated under the ACA Regulations, the recommendations of the Justice R.M. Lodha Committee, and the binding judgments of the Honble Supreme Court of India, as arbitrary, illegal, and unsustainable in law (ii) Consequently declaring that all resolutions, approvals, constitutional amendments, appointments, and transactions undertaken, passed, or ratified during the said 72nd Annual General Meeting, including any consequential acts of the Apex Council pursuant thereto, are null and void ab initio, unenforceable, and liable to be set aside (iii)And further be pleased to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to Suspend the operation, implementation, and enforcement of all resolutions, amendments, approvals, appointments. and transactions undertaken or ratified during the 72nd Annual General Meeting of the Andhra Cricket Association held on 08.06.2025, including all consequential actions of the Apex Council pursuant thereto, in order to maintain institutional status quo and prevent irreparable injury to the petitioner association, and pass Counsel for the Petitioner: 1. BHARAT BABU.N Counsel for the Respondent(S): 1. GP FOR SPORTS The Court made the following: ORDER:- Heard Sri P.Gangaiah Naidu, learned Senior Counsel appearing on behalf of Sri N.Bharat Babu, learned counsel for the petitioner, Sri B.Adinarayana Rao, learned Senior Counsel appearing on behalf of 6 Sri N.Ravi Prasad, learned counsel for the 2nd to 8th respondents and Sri Balaji Medamalli, learned counsel for the implead respondents. 2. It is contended that the 1st petitioner is a full member of the 2nd respondent, the 2nd to 4th petitioners are cricket players claiming themselves to be a veteran, distinguished and seasoned cricket players respectively. It is contended that election to the Apex Council of the 2nd respondent was held on 27.09.2019 for a period of three years. The term of Apex Council was up to 26.09.2022. The said term of office was extended up to 31.12.2022. Elections were held in the term of the elected body would end of 30.09.2025. In the Special General Meeting conducted on 04.08.2024, the one Sri P.Vishnu Kumar Raju was elected to represent Visakhapatnam District Cricket Association as Chairperson. In the said meeting, the six members namely Sri P.Sarath Chandra Reddy (President), Sri P.Rohit Reddy (Vice-President), Sri S.R.Gopinath Reddy (Secretary), Sri A.V.Challam (Treasurer), Sri A.Rakesh (Joint Secretary), and Sri K.V.Purushotham Rao (Councilor) of the Apex Council had submitted resignations and the same were accepted. The Special General Body appointed a Three Member Committee to oversee day to day administration of the Apex Council in consultation with the remaining members. On 08.09.2024, the General Body appointed Election Officer to conduct elections for the above mentioned six posts, of which the elected members have resigned. In the said elections, six persons were elected whom the petitioner claims to be non-cricketers and made no contribution to the game of Cricket. It is contended that all of them 7 are either contractors or having political affiliations/interests. In continuation, the petitioner has elaborated the irregularities that were committed in electing the above mentioned six persons. It is further stated that the 5th respondent was elected as Secretary in the elections held on 08.09.2024. It is contended that he is not a member of the District Association, he represents Visakhapatnam Cricket Club which is not a member of the 2nd respondent. Therefore, his election as Secretary of the 2nd respondent is not valid. The writ petitioner further goes on to allege that the 6th respondent was elected as president of the Visakhapatnam District Cricket Association (VDCA) and his tenure has expired in 2023. Thereafter, however in the absence of the extension of the term, he has participated in the elections despite an injunction order dated 29.09.2023 in S.O.P.No.24 of 2023, not to proceed with the election process. He thus contended that the 6th respondent has no locus to participate in the meetings of the 2nd respondent and to contest for any of the posts of the Apex Council since he was neither of a Member of VDCA, or any Club or an Association affiliated to ACA. 3. It is further contended that the 2nd respondent has proposed to conduct the 72nd Annual General Meeting (AGM) on 08.06.2025 accordingly circulated the agenda items for discussion and ratification of several issues including the ratification of financial decisions, without enclosing or furnishing the documents to the members in advance. The petitioner being a full member of the 2nd respondent ACA was not served with any of the said documents. Similarly, the Visakhapatnam District Cricket Association, the writ petitioner in 8 (W.P.17945 of 2025) was also not served with the said documents, which is in violation of Regulation No.41 of ACA. It is thus contended that the 72nd AGM conducted on 08.06.2025 is vitiated on account of lack of transparency and fairness and further on account of non-adherence to the regulations of ACA. Thus, filed the instant writ petition seeking the following reliefs: “(i) Declare the 72nd Annual General Meeting (AGM) of the Andhra Cricket Association held on 08.06.2025 as illegal, void ab initio, and of no legal effect, owing to the non-circulation of mandatory documents, denial of participation to full members, breach of Regulation 8(5) and 41 of the ACA Regulations, and the lack of transparency and procedural fairness, (ii) Set aside all decisions, approvals, ratifications, and resolutions passed during the said 72nd AGM dated 8.6.2025, including but not limited to the ratification of financial expenditures, the adoption of amendments to the ACA Regulations, and the appointments made to various statutory and cricketing committees; (iii) Declare that the office bearers elected in the Special General Meeting held on 08.09.2024 are ineligible to continue in office in the light of grave irregularities committed in the elections and also have forfeited their right to continue in office, in view of the series of procedural, financial, and legal violations committed during their tenure, including the unauthorized withdrawal of Rs.48 crores from ACA funds in violation of judicial restraint and without General Body approval, (iv)Appoint a neutral and independent Committee of Administrators (COA), to take over the management and affairs of the Andhra Cricket Association, with a mandate to ensure compliance with the recommendations of the Hon'ble Justice Lodha Committee and the binding directives of the Hon'ble Supreme Court of India and to Conduct free, fair, and transparent elections to the Apex Council and office bearer positions within a time frame fixed by this Hon'ble Court…..” 4. The learned counsel for the petitioners referring to the recommendations of Justice Lodha Committee argues that the 2nd to 4th petitioners being veteran, distinguished and seasoned cricket players are 9 having sufficient locus to challenge the affairs of the 2nd respondent since any irregularities, illegalities will have long reaching consequences on the cricket game. It is further submitted that the Justice Lodha Committee has foreseen to similar kinds of irregularities that have been pointed out in the present case and recommendations which are binding on the Cricket Associations. The learned Senior Counsel Sri Gangaiah Naidu referring to the provisions of the Memorandum of Association of 2nd respondent would submits that the clauses of the Memorandum of Association provides for circulation of 21 days prior notice of the AGM enclosing the copies of minutes of the previous meeting or meetings to be confirmed at the AGM, copies of auditor statements of accounts to be adopted and to be passed at the AGM etc. The learned Senior Counsel, further referring to Clause 41 of MOA which deals with “transparency and conflict of interest” of the 2nd respondent would argue that the Memorandum of Association, Rules and Regulations and all other resolutions of the ACA shall be made available to the general public at reasonable price and the same shall also made available in the website of the ACA. And in elaboration, referring to Bye law 41(8), the learned Senior Counsel Sri P.Gangaiah Naidu submits that the website of ACA should contain all links in connection with the Governments of national and international APL and the list of stadiums of the countries which host international matches with complete seating capacity. He relies on the following Judgments: i) the decision of this Court in the Case of M.Govind Reddy Vs. Hyderabad Cricket Association, 10 ii) the decision of the Hon’ble Apex Court in the case of BCCI Vs. Cricket Association of Bihar. 5. The 2nd respondent filed counter affidavit stating that the petitioners do not have any locus to challenge the internal affairs of the ACA, in as much as the 3rd and 4th petitioners are not the members of the 1st petitioner and the deponent of the writ petition representing the 1st petitioner is presently not its Secretary, since he was removed and their respective membership was also cancelled. It is further stated that vide e-mails dated 12.05.2015 and 14.05.2015, in accordance with Rule 15 of the Byelaws, notice calling for the AGM and the relevant documents and the Agenda were sent to all the members including the petitioner Association. As far as the Visakhapatnam District Association (VDA) is concerned, it is stated that the said association nominated its Vice-President to attend the AGM. However, subsequently submitted leave of absence. 6. The learned Senior Counsel Sri B. Adinarayana Rao appearing for Sri N.Ravi Prasad, learned counsel for the 2nd respondent argues that the guidelines of the Justice Lodha Committee would not apply to District Associations. It is further argued that the 1st petitioner is not representing the petitioner Association and the 2nd to 4th petitioners are not entitled to interfere with the affairs of the ACA. It is further contended that the relief sought in the writ petition involves disputed questions of facts, therefore, an exercise in adjudication of the said issues cannot be taken while exercising jurisdiction under Article 226 of the Constitution of India. The learned Senior Counsel 11 further argues that the Memorandum of Association of the 2nd respondent envisages the mechanism for dispute resolution mechanism before ombudsman. Therefore, prays for dismissal of the writ petition. 7. Considered the rival submissions. 8. Several allegations have been raised against the constitution of the ACA and its members. Due to the resignation of certain members, elections were held for the vacant posts of the Apex Council on 08.09.2024, and the unofficial 3rd to 8th respondents were elected to the Apex Council. The 2nd respondent issued a notice dated 12.05.2025 for conducting the Annual General Meeting, annexing the agenda of the meeting, proposing to hold the meeting on 01.06.2025, which was subsequently postponed to 08.06.2025. The grievance of the petitioners, is that the 2nd respondent having invited the petitioner to participate in the Annual General Meeting has failed to circulate along with the notice for 72nd AGM and the agenda, the requisite documents relating to the topics that were proposed for discussion. The 2nd respondent filed counter affidavit stating that along with the notice all the required documents were attached. The petitioners, who claimed to have the locus to challenge the irregularities, never raised any issue at the relevant point in time when the meeting was called. Bye law No. 8(6) of the ACA provides that any member who desires to raise any issue relating to the agenda or Accounts at the AGM shall give notice 7 days prior to the Secretary. The Secretary, 12 in turn, will circulate such notice to all members before the date fixed for the meeting. No such issue was raised at the relevant time. After the conclusion of the 72nd AGM on 8th June 2025, the instant writ petition was filed on 18th June 2025, seeking a declaration that the 72nd AGM was illegal, to set aside the approvals and resolutions made during the AGM as not maintainable, and to appoint a Committee of Administrators. 9. The Bye-laws of the 2nd respondent, provides for alternate mechanism in such cases, more particularly Bye-law 8 (6). It provides as follows: “(6) Any Member desiring to raise any point relating to the Agenda or Accounts at the Annual General Meeting shall give seven days' notice thereof to the Secretary. The Secretary shall circulate such notice to all Members before the date fixed for the meeting.” 10. The above Bye-law and Bye-law No. 44 r/w Bye-law No.45 of ACA, envisages an alternate dispute resolution mechanism before the Ombudsman, to deal inter alia, with the disputes between or among the ACA and its members. Therefore, the writ petition is not maintainable for the reason that the bye-laws referred supra provide for adequate alternate remedy. 11. Whether the petitioners have the locus to challenge the internal affairs of the 2nd respondent or not involves a disputed questions of facts in the light of the averments of the petitioners, and counter averments of the 2nd respondent and the impleaded respondents who claim to be new office 13 bearers of the 2nd respondent. In the light of the same, this Court exercising jurisdiction under Article 226 of the Constitution of India, is not a position to examine the issue of locus as the same requires a recording of findings. 12. The writ petitions are accordingly dismissed for the above mentioned reasons. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:21.07.2025 ANI 14 295 THE HON’BLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION Nos.14946 and 17945 of 2025 Date:21.07.2025 ANI