HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 3329 of 2026 The Cricket Association of Uttar Pradesh …..Petitioner(s) Versus Uttar Pradesh Cricket Association and 6 others …..Respondent(s) Counsel for Petitioner(s) : Ramesh Kumar Yadav Counsel for Respondent(s) : A.S.G.I., C.S.C., Gaurav Bishan Court No. - 2 HON'BLE ATUL SREEDHARAN, J. HON'BLE SIDDHARTH NANDAN, J. 1. Heard learned counsel for the petitioner and Shri Ajay Giri, holding brief of Shri Gaurav Bishan for respondent no. 3 and 6. Sri Kartikeya Saran, learned counsel for the respondent no.1 and Mrs. Manjari Singh, learned counsel for the respondent no.7; learned Standing Counsel for the respondents no. 2, 4 & 5. 2. The present writ petition has been filed by the petitioner, who has been described as the Cricket Association of Uttar Pradesh. Admittedly, another society was registered in the name of "The Uttar Pradesh Cricket Association" (herein after referred as “The UPCA”). 3. Learned counsel for the petitioner has submitted that 'UPCA' has been dissolved as per the provisions of Section 13 of Societies Registration Act, 1860; w.e.f. 13.07.2005. For 2 WRIC No. - 3329 of 2026 ready reference Section 13 is reproduced herein below along with amended provisions of Section 13A and Section 13B: "13. Provision for dissolution of societies and adjustment of their affairs.—Any number not less than three-fifths of the members of any society may determine that it shall be dissolved, and thereupon it shall be dissolved forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the society, its claims and liabilities, according to the rules of the said society applicable thereto, if any, and, if not, then as the governing body shall find expedient provided that, in the event of any dispute arising among the said governing body or the members of the society, the adjustment of its affairs shall be referred to the principal Court of original civil jurisdiction of the district in which the chief building of the society is situate; and the Court shall make such order in the matter as it shall deem requisite: Provided that no society shall be dissolved unless three-fifths of the members shall have expressed a wish for such dissolution by their votes delivered in person, or by proxy, at a general meeting convened for the purpose: Provided that1 [whenever any Government] is a member of, or a contributor to, or otherwise interested in any society registered under this Act, such society shall not be dissolved2 [without the consent of the Government of the State of registration]. STATE AMENDMENTS Uttar Pradesh- (i) In section 13 of the principal Act, for the words, "chief building of the society" the words, "registered office of the society" shall be substituted3. Sections 13-A and 13-B Uttar Pradesh- In it application to the State of Uttar Pradesh, after section 13 of the principal Act, the following sections shall be inserted, namely: "13-A. Power of Registrar to apply for dissolution (1) Where in the opinion of Registrar, there are reasonable grounds to believe in respect of a society registered under this Act that any of the grounds mentioned in clauses (a) to (e) of sub- section (1) of section 13-B exists he shall send to the society, a notice calling upon it to show cause within such time as may be specified in the notice why the society be not dissolved. 1. Subs. by the A.O. 1937, for “whenever the Government” 2. Subs. by the A.O. 1937, for “without the consent of Government” 3. [Uttar Pradesh Act 52 of 1975, S.7 (w.e.f. 10.10.1975)] 3 WRIC No. - 3329 of 2026 (2) If on or before the date specified in the notice or within such extended period as the Registrar may allow, the society fails to show any cause or if the cause shown is considered by the Registrar to be unsatisfactory, the Registrar may move the Court referred to in section 13 for making an order for the dissolution of the society. 13-B. Dissolution by court (1) On the application of the Registrar under section 13-A or under section 24 or on an application made by not less than one- tenth of the members of a society registered under this Act, the court referred to in section 13 may make an order for the dissolution of the society on any of the following grounds, namely: (a) that the society has contravened any provision of this Act or of any other law for the time being in force and it is just and equitable that the society should be dissolved; (b) that the number of the members of the society is reduced below seven; (c) that the society has ceased to function for more than three years preceding the date of such application; (d) that the society is unable to pay its debts or meet its liabilities; or (e) that the registration of the society has been cancelled under section 12-D on the ground that its activities or proposed activities have been or are or will be opposed to public policy. (2) Without prejudice to the provisions of sub-section (1) or of section 12-D, the Court may, on an application of the District Magistrate in this behalf, make an order for the dissolution of a society on the ground that the activities of the society constitute a public nuisance or are otherwise opposed to public policy. (3) When an order for the dissolution of a society is made under subsection (1) or sub-section (2), all necessary steps for the disposal and the settlement of the property of the society, its claims and liabilities and any other adjustment of its affairs shall take place in manner as the court may direct4." 4. He has relied upon Section 14 read with Section 14A with respect to the disposal of the property of a dissolved society. Section 14 and Section 14A of the Act is reproduced herein below: 14. Upon a dissolution no member to receive profit. 4. [Uttar Pradesh Act 52 of 1975, S.8 (w.e.f. 10.10.1975)] 4 WRIC No. - 3329 of 2026 If upon the dissolution of any society registered under this Act there shall remain after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the members of the said society or any of them, but shall be given to some other society, to be determined by the votes of not less than three-fifths of the members present personally or by proxy at the time of the dissolution, or, in default thereof, by such Court as aforesaid:Clause not to apply to Joint- stock Companies. Provided, however, that this clause shall not apply to any society which shall have been founded or established by the contributions of shareholders in the nature of a Joint-stock Company. "14A. Disposal of property of a dissolved society.- Notwithstanding anything contained in section 14, it shall be lawful for the members of any society dissolved under section 13 to determine by a majority of the votes of the members present whatsoever remaining after the satisfaction of all the debts and liabilities shall be given to the Government to be utilised for any of the purposes referred to in section 1." [U.P. Act 52 of 1975, S. 9 (10.10.1975)]5." 5. On the strength of Section 14A, learned counsel for the petitioner asserts that it shall be lawful for the Members of the Society, which has been dissolved under Section 13, to determine by a majority of the votes of the members present personally or by proxy, at the time of dissolution of such property that any property whatsoever remaining, after the satisfaction of the debts and liabilities, shall be given to the Government to be utilized for any purpose referred to in Section 1. It is noteworthy that Section 14A, starts with a non-obstante clause i.e. notwithstanding anything contained in Section 14. 6. We have also perused Section 1 and its amendment (which pertains to substitution for the words "Registrar of Join Stocks Companies" with the word "Registrar"). From the perusal of Section 1, it only states that for any purpose as is described in Section 20 of the Act, any 7 persons or more 5. [Uttar Pradesh Act 52 of 1975, S.9 (w.e.f. 10.10.1975)] 5 WRIC No. - 3329 of 2026 persons associated also for any "Literary, Scientific or Charitable" purpose, may by subscribing their names to a Memorandum of Association, and filing the same with the Registrar, form themselves into a society under this Act. 7. For the convenience Section 20 of the Act, 1860 is also reproduced herein below along with State Amendment: “20. To what societies Act applies.—The following societies may be registered under this Act:— Charitable societies, the military orphan funds or societies established at the several presidencies of India, societies established for the promotion of science, literature, or the fine arts, for instruction, the diffusion of useful knowledge6, the diffusion of political education] the foundation or maintenance of libraries or reading-rooms for general use among the members or open to the public, or public museums and galleries of paintings and other works of art, collections of natural history, mechanical and philosophical inventions, instruments, or designs. UTTAR PRADESH.- In section 20 of the principal Act, after the words "established for the promotion of "and before the word"science", the words, "Khadi and Village Industry, Panchayat Industry, Rural Development,"shall be inserted. [U.P. Act No. 11 of 1984] ” 8. The State amendment in Section 20 of the Societies Registration Act, it incorporates "Khadi and Village Industries, Panchayat Industries and Rural Development". 9. The submission of learned counsel for the petitioner is that since they can be one of the beneficiaries in its application to the State of U.P. under Section 1 read with section 20 of the Act, therefore, the entire assets, accounts and resources of the dissolved "The Uttar Pradesh Cricket Association", should be transferred to them. 10. Learned counsel for the respondent has submitted that it is not the case of the petitioner that they have recognition from the Apex Body associated with the game of Cricket i.e. 6. Inst. By Act 22 of 1927, S.2 6 WRIC No. - 3329 of 2026 "Board of Control for Cricket in India" and as such by merely having a registration under the Societies Registration Act, 1860, it cannot be said that petitioners are performing functions which is in consonance with the object and purposes of the B.C.C.I.; and in response the counsel for the petitioner has submitted that for its formation and the relief claimed, what is to be seen, is whether they are having objects, as per Section 1 read with Section 20 of the Act, 1860. 11. We have perused the relevant provisions i.e. Section 13, 13A, 13B, 14, 14A and Section 1 read with Section 20 of the Act; primarily on which reliance has been placed by the petitioner. It prima facie appears from Section 14A of the Act, 1860 that in the process of dissolution under Section 13, it is only to be determined by majority of vote of the Members present personally or by proxy at the time of dissolution of such society, that any property whatsoever remaining after the satisfaction of the debts and liabilities, shall be given to the Government to be utilized for any of the purposes referred to in Section 1. 12. Learned counsel for the petitioner in the backdrop of the aforesaid legal submission has made the following factual assertions: i. “The Uttar Pradesh Cricket Association” was formed and registered under the Act, 1860 on 22.10.1955; and though it alleges to be affiliated to the respondent no.7, but no document is available pertaining to the same. ii. Respondent no.1 i.e. “The Uttar Pradesh Cricekt Association” (hereinafter referred as 'U.P.C.A.') is registered under Section 25 (now Section 8) of the Companies Act, 1956 vide certification dated 13.07.2005; and whereas the memorandum and Article of Association 7 WRIC No. - 3329 of 2026 of UPCA states the main objectives, which includes taking over/acquiring the assets and liabilities of “The UPCA” and the said Society shall cease to exist; and accordingly alleges the dissolution of the erstwhile “The UPCA” on or before 13.07.2005. iii. Bank account of the dissolved “The UPCA” is now being used by “UPCA” after it's registration under the Companies Act, 1956; by fraudulently omitting the word “THE” of the dissolved “The Uttar Pradesh Cricket Association”; iv. Relying upon the letter dated 05.11.2024 written to the Finance Minister Government of India (Annexure-5), an outstanding dues as against respondent no.1, for the evasion of tax is stated to be Rs. 90,71,99,981.68/-. v. Office Bearers of UPCA are holding posts in contravention of the decision dated 09.08.2018 of the Hon'ble Supreme Court passed in Board of Control for Cricket in India and others vs. Bihar Cricket and others7. vi. The Case Crime No. 53 of 2019 under Section 420 and 120B IPC, Police Station Kotwali Chandauli, District Chandauli is said to have been registered against the office bearers of UPCA and a charge-sheet has been submitted (Annexure-6). vii. “Sports” in India is a subject matter of “State list of 7th Schedule” of the Constitution of India and the Government of Uttar Pradesh has not formulated any policy for development and promotion of Cricket in the State of Uttar Pradesh; and since BCCI is an autonomous body and not being part of the National Sports Federation, a statement issued by the Under Secretary, Department of Yough Affairs and Sports Government of 7. Civil Appeal No.4235 of 2014 8 WRIC No. - 3329 of 2026 India dated 11.01.2023 (Annexure-9) is sought to be relied upon, which states that the Ministry has not recognized any Federation for the sport of Cricket in India; and in case the Government does not recognize any National Sports Federation, the respondent no.7 i.e. BCCI cannot claim itself to be the governing body of the game i.e. Cricket in India. viii. He alleges discrimination by the BCCI, by disregarding the list of its selected Cricket Team Players for participation in the Ranji Trophy Cricket Tournament for the year 2025-26 which is against the objectives of the Association. ix. Out of 18 Divisions and 75 Districts of the State of Uttar Pradesh, 39 Districts with 10 Divisions are under the jurisdiction of the petitioner's Association, but unfortunately UPCA does not give proper representation to the younger cricketers of the 39 Districts and not even 5% cricketers are selected in the team, whereas 95% cricketers are selected from the remaining 36 Districts of the 8 Divisions of the State of Uttar Pradesh. x. He has represented before the Minister of State for Sports of Youth Welfare Government of Uttar Pradesh but no action has been taken to form State Level Cricket Team, which otherwise has been permitted by the respondent no.7 in other States e.g. respondent no.7 has given affiliation to 3 teams in the State of Gujarat and 3 teams in State of Maharashtra which has lessor population then the State of Uttar Pradesh. 13. Learned counsel for the petitioner while addressing the issue as to whether respondent no.7 is covered under Article 12 of the Constitution of India, has fairly submitted that in view of the decision in the Case of Zee Telefilms Limited and 9 WRIC No. - 3329 of 2026 others vs. Union of India and others 8 it has already been held that test under Pradeep Kumar Bishwas vs. Indian Institute of Chemical Biology and others 9 is not applicable to a private body like BCCI; and since a body like BCCI would come within a purview of expression “other authorities” contained in Article 12 of the Constitution of India and it being a public authority, would be an authority which not only can regulate and control the entire sports activities in relation to Cricket but also the decisive characters it plays in formulating the game in all aspects. It has been submitted that even the federations controlled by the State and other public bodies, in view of the Board’s Memorandum of Associations and Rules and Regulations framed by it, are under its complete control. In view of the aforesaid, we may not be required, to examine the status of BCCI; and leave the said question open to be examined in the light of the decisions of the Apex Court, if need arised. 14. It has been held in the case of Zee Telefilms Ltd. (supra) that a monopoly status need not always be created by law within the meaning of clause (6) of Rule 19 of Constitution of India. However, he has submitted that the Board is required to follow “doctrine of fairness and good faith in all its activities”; and as such due consideration ought to be given to the following issues: (i). Whether, a society which is effectively dissolved in view of the provisions of Section 13 of the Act, 1860; whether it’s liability can be taken over by another entity which is subsequently registered under Section 25 (now section 8) of the Companies Act, 1956 or after its dissolution whether the assets of “The Uttar Pradesh Cricket Association” vests in the Government of Uttar Pradesh. 8. 205 (4) SCC 649 9. 2002 (5) SCC 111 10 WRIC No. - 3329 of 2026 (ii). Whether the assets of “The Uttar Pradesh Cricket Association” after it being dissolved in view of the provision of Section 13 of the Act, 1860 and in absence of any majority decision pertaining to the appropriation of its assets, the assets being transferred to the government; is petitioner entitled for a mandamus directing the Government to transfer all the assets, accounts and resources of the dissolved “The Uttar Pradesh Cricket Association” to the petitioner, in view of the provisions of Section 1 read with Section 20 of the Act, 1860. 15. All the respondents are directed to file counter affidavit within four weeks. Thereafter petitioner shall have two weeks' time to file rejoinder affidavit. The controversies referred in Para 12, is to be specifically answered by the Respondents, in their respective Affidavits, apart from addressing the issues formulated, herein above. 16. In the meantime, respondent no.1 is directed not to alienate any immovable property and maintain strict statement of accounts of its movable property, including the Bank Accounts and its income. He shall also bring or record, document demonstrating its affiliation with the BCCI and whether there are any Tax liabilities existing. 17. List immediately thereafter, in the week commencing 13 th April, 2026, for further hearing. (Siddharth Nandan,J.) (Atul Sreedharan,J.) February 23, 2026 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad