Letters Patent Appeal No. 1713 of 2011 · Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1713 of 2011 In Civil Writ Jurisdiction Case No. 986 of 2011 ====================================================== 1. Bihar Cricke Association, Through Its Convenor Adhoc Committee Shri Abdul Bari Siddique Having Office At 151-Kautilya Nagar (Mla Colony), P.O.- Bihar Veterinary College, Khajpura, District- Patna 2. Shri Abdul Bari Siddique S/O Late Ali Ahmad R/O 151- Kautilya Nagar (Mla Colony), P.O.- Bihar Veterinary College, Khajpura, District- Patna, Convenor, Adhoc Committee, Bihar Cricket Association, Patna .... .... Appellant/s Secretariat Branch, P.S.- Versus 1. Bihar Cricket Association (A Body Affiliated To Board Of Control For Cricket In India) Situate At Palika Market, Ashok Rajpath, P.S.- Pirbahore, District- Patna, Through Its Honorary Secretary Sri Ajay Narayan Sharma, S/O Late Kumar Narayan Sharma, R/O Chaudhary Tola, P.O.- Mahendru, P.S.- Sultanganj, District- Patna 2. Bank Of India, Having Its Head Office At Star House, C-5 - G- Block Ii Bandra Kurla Complex, Mumbai-400051 Through Its Chairman 3. The Chairman, Bank Of India Head Office At Star House, C-5-G- Blockii, Bandra Kurla Complex, Mumbai-400051 4. The Zonal Manager, Bank Of India, Chankya Place, R-Block, Patna- 800001 5. The Chief Manager, Bank Of India Sachivalaya, District- Patna 6. Ram Kumar S/O Late Jagdish Prasad R/O House No. 99, New Sbi Colony, P.S.- Digha, P.O.- Digha, District- Patna, At Present, Member, Adhoc Committee, Bihar Cricket Association, Patna 7. Board Of Control For Cricket In India (Bcci) Cricket Centre, D Road Churchgate, Mumbai Through Its Secretary 8. Mahesh Kumar Agrawal C/O Hotel President, Fraser Road, Patna- 800001 9. Sushil Kumar Agrawal R/O Arya Kumar Road, Rajendra Nagar, Patna 10. Mumtazuddin Syed R/O Tin Kothia, Muzaffarpur - 842001 11. Kumar Shivesh C/O Sri Munnilal (I.A.S.), House No. 156a, Ambedkar Path, Bailey Road, Patna-800014 12. Syed Imtiazuddin C/O Syed Mumtazuddin, Tin Kothia, Muzaffarpur - 842001 13. Alok Raj, Mig-352, Kankarbagh, Patna-800020 14. Patna District Cricket Association Through Its President Amar Nath Singh S/O Radha Ballabh Singh R/O Mohalla- R.K. Avenue, P.S.- Rajendra Nagar, Patna 15. Banka District Cricket Association Through Its Honorary Secretary Vishnu Kumar Alias Vishnu Kumar Chakravarti S/O Late Sant Kumar Chakravarti R/O Mohalla- Ward No. 22, Jagatpur, P.S.- Banka, District- Banka 16. Gopalganj District Cricket Association Through Its Honorary Secretary Tribhuwan Prasad Singh S/O Sri Kailash Singh R/O Mohalla- Marwari Mohalla, P.S.- Gopalganj, District- Gopalganj 17. Munger District Cricket Association Through Its Honorary Secretary Sri Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 2 Shankar Deo Choudhary S/O Late Ram Prasad Choudhary R/O Mohalla- Lal Darwaja, Geeta Babu Road, P.S. & District- Munger 18. Arwal District Cricket Association Through Its Honorary Secretary Sri Ddharm Vir Patwardhan S/O Sri Vinod Kumar R/O Jhunathi, P.S.- Kinjar, District- Arwal 19. Supaul District Cricket Association Through Its Honorary Secretary Prof. Sri Shashi Bhushan Singh S/O Sri Ravindra Prasad Singh R/O Dakshin Hath Khola Road, Patel Chowk, Ward No. 10, District- Supaul 20. Lakhisarai District Cricket Association Through Its Honorary Secretary Sri Jai Shankar Singh S/O Late Brajkishore Singh R/O P.O.- Patnear, P.S.- Lakhisarai, District- Lakhisarai 21. Vaishali District Cricket Association Through Its Honorary Secretary Sri Ravindra Prasad Singh S/O Late Bramha Nand Singh R/O Near Veer Kumar Singh Colony, P.S.- Hajipur Sadar, District- Vaishali 22. Muzaffarpur District Cricket Association Through Its Honorary Secretary Sri Ravi Shankar Sharma S/O Late Braj Bhushan Sharma R/O J.K. Colony, Mithanpura, Ramna, P.O. & P.S.- Muzaffarpur, District- Muzaffarpur 23. Bhojpur District Cricket Association Throughits Honorary Secretary Sri Rajiv Kumar S/O Late Prof. Dasrath Pandey R/O Shanti Kutir, Maharaja Hata, P.S.- Arrah, District- Bhojpur 24. Jehanabad District Cricket Association Through Its Honorary Secretary Sri Binod Kumar Singh S/O Sri Rajeshwari Prasad Singh P.O.- Unta, Jehanabad, P.S. & District- Jehanabad 25. Araria District Cricket Association Through Its Honorary Secretary Sri Dilip Kumar Jha S/O Late Govind Kant Jha R/O Shivpuri, Ward No. 9, P.S.- Araria, District- Araria 26. Sheohar District Cricket Association Through Its Honorary Secretary Sri Shishir Kumar S/O Sri Shishir Kumar, S/O Sri Sitaram Singh R/O Vill. + Post- Fatahpur, P.S.- Sheohar, District- Sheohar 27. Madhubani District Cricket Association Through Its Honorary Secretary Sri Subir Chandara Mishra S/O Late Prof. Ram Chand Mishra R/O Kamakhya Niwas, Sri Ram Kutir, Veena Kunj Ward No. 9, P.S. & District- Madhubani 28. Begusarai District Cricket Association Through Its Honorary Secretary Sri Sanjay Kumar Singh S/O Suresh Prasad Singh R/O Dak Bunglow Chowk, Near East Of Basic School, Sarvoday Nagar, P.S. & District- Begusarai 29. Sitamarhi District Cricket Association Through Its Honorary Secretary Sri Shyam Kishor Singh S/O Sone Lall Bhagat R/O Amghatta Road, Dumra Wardno.2, P.S.- Dumra, District- Sitamarhi 30. Jamui District Cricket Association Through Its Honorary Secretary Sri Rajesh Kumar Singh S/O Late Balmiki Prasad Singh R/O Garhwa Katauna, P.S. & District- Jamui 31. Samastipur District Cricket Association Through Its Secretary Sri Ranjeet Kumar Singh S/O Ganesh Prasad Singh R/O Dwarika Bhawan, Near West Of Civil Court, Ward No.11, Kasipur, P.S. & District- Samastipur 32. Buxar District Cricket Association Through Its Honorary Secretary Sri Durga Prasad Verma S/O Late Agnu Prasad Verma Bangla Ghat, P.S. & District- Buxar 33. Nalanda District Cricket Association Through Its Honorary Secretary Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 3 Sri Anand Kumar S/O Ram Prasad Sinha R/O Mohalla- Bhaisasur, Dhaneshwar Ghat Road, P.S.- Biharsharif, District- Nalanda 34. Khagaria District Cricket Association Through Its Honorary Secretary Sri Sadanand Prasad S/O Late Ayodhya Prasad Post Office Road, P.S. & District- Khagaria 35. Bhagalpur District Cricket Association Through Its Honorary Secretary Sri Anand Kumar Mishra S/O Late Veda Nand Mishra R/O Aditi Telecom India, Adampur Chowk, P.S. & District- Bhagalpur 36. Katihar District Cricket Association Through Its Honorary Secretary Sri Rajeev Kumar Jaiswal S/O Sabir Kumar Jaiswal R/O Gosal Chal, P.S. & District- Katihar 37. Saran District Cricket Association Through Its Honorary Secretary Sri Sunil Kumar Singh S/O Sri Thakur Prasad Singh R/O Ramlila Matiya Bhagwan Bazar, P.S.- Bhagwan Bazar, District- Saran 38. Gaya District Cricket Association Through Its Secretary Shaligram Singh S/O Prof. Ram Sharan Singh R/O Mohalla- Rai Bahadur Kashi Nath Chowk, Swarajpuri Road, P.S.- Gaya Sadar, Gaya 39. Aurangabad District Cricket Association Through Its Honorary Secretary Ravindra Kumar S/O Sri Raghunandan Singh R/O Mohalla- Sampat Lok, Adarsh Colony, P.S.- Aurangabad, District- Aurangabad 40. Madhupura District Cricket Association Through Its Honorary Secretary Sanjay Kumar Singh S/O Late Chandrika Prasad Singh R/O Mohalla- Station Road, P.S. & District- Madhepura 41. Kishanganj District Cricket Association Through Its Honorary Secretary Sri Shamim Ahmad S/O Late Md. Naimuddin R/O Mohalla- Civil Court, P.S. & District- Kishanganj 42. East Champaran, District Cricket Association Through Its Honorary Secretary Shreeprakash Choudhary S/O Late Satyadeo Prasad Choudhary R/O Main Road, P.S. & District- Motihari 43. Siwan District Cricket Association Through Its Honorary Secretary Quaisher Jamal S/O Sri Monirul Haque R/O Janta Lodge, Station Road, Near Sishwan More, P.S. & District-Siwan .... .... Respondent/s ====================================================== with Letters Patent Appeal No.1586 of 2011 IN Civil Writ Jurisdiction Case No. 986 of 2011 ====================================================== 1. Ram Kumar S/O Late Jagdish Prasad R/O House No. 99, New S.B.I. Colony, P.S.+P.S-, Digha, Patna , Presently Member Ad Hoc Committee, Bihar Cricket Association, Patna .... .... Appellant/s Versus 1. Bihar Cricket Association (A Body Affiliated To Board Of Control For Cricket In India) Situated At Palika Market, Ashok Raj Path, P.S.- Pirbahore, District- Patna Through Its Honorary Secretary, Sri Ajay Narayan Sharma, S/O Late Kumar Narayan Sharma, R/O Chaudhary Tola, P.O.- Mahendru, P.S.- Sultanganj, District- Patna 2. Bank Of India, Having Its Head Office At Star House C-5, 'G-Block', Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 4 Bandra-Kurla Complex, Mumbai-400041 Through Its Chairman 3. The Chairman, Bank Of India Head Office At Star House, C-5, 'G- Block', Bandra Kurla Complex, Mumbai-400041 4. The Zonal Manager, Bank Of India, Chanakya Place, R-Block, Patna- 800001 5. The Chief Manager, Bank Of India, Secretariat Branch, P.S.- Sachivalaya, District- Patna 6. Board Of Control For Cricket In India (Bcci) Null Cricket Centre, D Road Churchgate, Mumbai Through Its Secretary 7. Mahesh Kumar Agrawal C/O Hotel President, Fraser Road, Patna- 800001 8. Sushil Kumar Agrawal R/O Arya Kumar Road, Rajendra Nagar, Patna 9. Mumtazuddin Syed R/O Tin Kothia, Muzaffarpur-842001 10. Kumar Shivesh C/O Sri Munnilal (I.A.S.), House No. 156a, Ambedkar Path, Bailey Road, Patna-800014 11. Syed Imtiazuddin C/O Syed Mumtazuddin, Tin Kothia, Muzaffarpur- 842001 12. Alok Raj, Mig-352, Kankarbagh, Patna-800020 13. Patna District Cricket Association Through Its President Amar Nath Singh S/O ................. Mohalla- R.K. Avenue, P.S.- Rajendra Nagar, Patna 14. Banka District Cricket Association Through Its Honorary Secretary Vishnu Kumar @ Vishnu Kumar Chakravarti S/O Late Sant Kumar Chakravarti R/O Mohalla- Ward No. 22, Jagatpur, P.S.- Banka, District- Banka 15. Gopalganj District Cricket Association Through Its Honorary Secretary Tribhuwan Prasad Singh S/O Sri Kailash Singh R/O Mohalla- Marwari Mohalla, P.S.- Gopalganj, District- Gopalganj 16. Munger District Cricket Association Through Its Honorary Secretary Sri Shankar Deo Choudhary S/O Late Ram Prasad Choudhary R/O Mohalla- Lal Darwaja, Geeta Babu Road, P.S. & District- Munger 17. Arwal District Cricket Association Through Its Honorary Secretary Sri Ddharm Vir Patwardhan S/O Sri Vinod Kumar R/O Jhunathi, P.S.- Kinjar, District- Arwal 18. Supaul District Cricket Association Through Its Honorary Secretary Prof. Sri Shashi Bhushan Singh S/O Sri Ravindra Prasad Singh R/O Dakshin Hath Khola Road, Patel Chowk, Ward No. 10, District- Supaul 19. Lakhisarai District Cricket Association Through Its Honorary Secretary Sri Jai Shankar Singh S/O Late Brajkishore Singh R/O P.O.- Patnear, P.S.- Lakhisarai, District- Lakhisarai 20. Vaishali District Cricket Association Through Its Honorary Secretary Sri Ravindra Prasad Singh S/O Late Bramha Nand Singh R/O Near Veer Kumar Singh Colony, P.S.- Hajipur Sadar, District- Vaishali 21. Muzaffarpur District Cricket Association Through Its Honorary Secretary Sri Ravi Shankar Sharma S/O Late Braj Bhushan Sharma R/O J.K. Colony, Mithanpura, Ramna, P.O. & P.S.- Muzaffarpur, District- Muzaffarpur 22. Bhojpur District Cricket Association Through Its Honorary Secretary Sri Rajiv Kumar S/O Late Prof. Dasrath Pandey R/O Shanti Kutir, Maharaja Hata, P.S.- Arrah, District- Bhojpur 23. Jehanabad District Cricket Association Through Its Honorary Secretary Sri Binod Kumar Singh S/O Sri Rajeshwari Prasad Singh P.O.- Unta, Jehanabad, P.S. & District- Jehanabad Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 5 24. Araria District Cricket Association Through Its Honorary Secretary Sri Dilip Kumar Singh S/O Late Govind Kant Jha R/O Shivpuri, Ward No.9, P.S.- Araria, District- Araria 25. Sheohar District Cricket Association Through Its Honorary Secretary Sri Shishir Kumar S/O Sri Shishir Kumar S/O Sri Sitaram Singh Vill. + Post- Fatahpur, P.S.- Sheohar, District- Sheohar 26. Madhubani District Cricket Association Through Its Honorary Secretary Sri Subir Chandara Mishra S/O Late Prof. Ram Chand Mishra R/O Kamakhya Niwas, Sri Ram Kutir, Veena Kunj, Ward No.9, P.S. & District- Madhubani 27. Begusarai District Cricket Association Through Its Honorary Secretary Sri Sanjay Kumar Singh S/O Suresh Prasad Singh R/O Dak Bunglow Chowk, Near East Of Basic School, Sarvoday Nagar, P.S. & District- Begusarai 28. Sitamarhi District Cricket Association Through Its Honorary Secretary Sri Shyam Kishor Singh S/O Sone Lall Bhagat R/O Amghatta Road, Dumra Ward No.2, P.S.- Dumra, District- Sitamarhi 29. Jamui District Cricket Association Through Its Honorary Secretary Sri Rajesh Kumar Singh S/O Late Balmiki Prasad Singh R/O Garhwa Katauna, P.S. & District- Jamui 30. Samastipur District Cricket Association Through Its Secretary Sri Ranjeet Kumar Singh S/O Ganesh Prasad Singh R/O Dwarika Bhawan, Near West Of Civil Court, Ward No. 11, Kasipur, P.S. & District- Samastipur 31. Buxar District Cricket Association Through Its Honorary Secretary Sri Durga Prasad Verma S/O Late Agnu Prasad Verma Bangla Ghat, P.S. & District- Buxar 32. Nalanda District Cricket Association Through Its Honorary Secretary Sri Anand Kumar S/O Ram Prasad Sinha R/O Mohalla- Bhaisasur, Dhaneshwar Ghat Road, P.S.- Biharsharif, District- Nalanda 33. Khagaria District Cricket Association Through Its Honorary Secretary Sri Sadanand Prasad S/O Late Ayodhya Prasad Post Office Road, P.S. & District- Khagaria 34. Bhagalpur District Cricket Association Through Its Honorary Secretary Sri Anand Kumar Mishra S/O Late Veda Nand Mishra R/O Aditi Telecom India, Adampur Chowk, P.S. & District- Bhagalpur 35. Katihar District Cricket Association Through Its Honorary Secretary Sri Rajeev Kumar Jaiswal S/O Sabir Kumar Jaiswal R/O Gosal Chal, P.S. & District- Katihar 36. Saran District Cricket Association Through Its Honorary Secretary Sri Sunil Kumar Singh S/O Sri Thakur Prasad Singh R/O Ramlila Matiya Bhagwan Bazar, P.S.- Bhagwan Bazar, District- Saran 37. Gaya District Cricket Association Through Its Secretary Shaligram Singh S/O Prof. Ram Sharan Singh R/O Mohalla- Rai Bahadur Kashi Nath Chowk, Swarajpuri Road, P.S.- Gaya Sadar, Gaya 38. Aurangabad District Cricket Association Through Its Honorary Secretary Ravindra Kumar S/O Sri Raghunandan Singh R/O Mohalla- Sampat Lok, Adarsh Colony, P.S.- Aurangabad, District- Aurangabad 39. Madhupura District Cricket Association Through Its Honorary Secretary Sanjay Kumar Singh S/O Late Chandrika Prasad Singh R/O Mohalla- Station Road, P.S. & District- Madhepura 40. Kishanganj District Cricket Association Through Its Honorary Secretary Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 6 Sri Shamim Ahmad S/O Late Md. Naimuddin R/O Mohalla- Civil Court, P.S. & District- Kishanganj 41. East Champaran, District Cricket Association Through Its Honorary Secretary Shreeprakash Choudhary S/O Late Satyadeo Prasad Choudhary R/O Main Road, P.S. & District- Motihari 42. Siwan District Cricket Association Through Its Honorary Secretary Quaisher Jamal S/O Sri Monirul Haque R/O Janta Lodge, Station Road, Near Sishwan More, P.S. & District- Siwan .... .... Respondent/s ====================================================== Appearance : (In LPA No.1713 of 2011) For the Appellant/s : Mr. Y.V.Giri, Sr. Advocate, with Mr. Rajesh Kumar Singh For the Respondent/s : Mr. Lalit Kishore, Principal Additional Advocate General Mr. Bibhuti Prasad Pandey, Sr. Advocate For BCCI : Mr. Jitendra Singh, Sr. Advocate (In LPA No.1586 of 2011) For the Appellant/s : Mr. Abhinav Srivastava For the Respondent/s : Mr. Sanjay Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA and HONOURABLE MR. JUSTICE JAYANANDAN SINGH and HONOURABLE MR. JUSTICE JAYANANDAN SINGHand HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 16 10-07-2013 The present reference has been occasioned due to difference of opinion between the Hon‟ble Judges constituting the Division Bench. The reference has not been made on any question of law formulated for our consideration. In order to appreciate the controversy, it is necessary to take a brief note of the facts. Prior to be the reorganisation of the State of Bihar, a unified body existed styled as the “Bihar Cricket Association” for promoting the game of cricket. The reorganisation of the State on 15.11.2000 led to the creation of separate “Associations” in the State
Legal Reasoning
Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 7 of Jharkhand and the State of Bihar. The term “Association” shall be used by us to refer to the organisation as now existing in the State of Bihar and which is the subject matter of the present controversy. The Association is a body registered under the Societies Registration Act and has its own bye-laws regulating its functioning and also the holding of elections. The first election of office bearers of the Association was held on 20.5.2001. The second elections were held on 21.6.2005. It was granted Associate membership by the BCCI on 27.9.2008. A consensus managing committee was formed in 2008.The next elections were due in 2010. The Annual General Meeting for the purpose was scheduled on 4.4.2010. Objections were raised inter alia with regard to the voters list. The Managing Committee was dissolved by the then President on 30.6.2010 followed by the constitution of an Ad hoc committee of Management to hold elections within 6 months. A Special General Meeting was then called which fixed the date for Annual General Meeting culminating in fresh elections on 12.9.2010 and which the bone of controversy.
Legal Reasoning
CWJC No. 986 of 2011 was filed by one Sri Ajay Narayan Sharma (respondent 1st set) describing himself as the Honorary Secretary of the Association elected at the fresh elections with the grievance that the Bank of India, originally the sole respondent, was not permitting them to operate the accounts of the Association despite their being elected office bearers. One Shri Ram Kumar (Respondent 3rd set) stated to be a member of the ad hoc committee constituted on 30.6.2010 intervened in opposition questioning the Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 8 elections and claims of being elected office bearer inter alia on the ground of defective voters list. Several District Cricket Associations which together constitute the Association also intervened. The Learned Single Judge concluded that the elections held on 12.9.2010 were valid and Respondent 1st set being a validly elected office bearer was entitled to operate the account. Mandamus was accordingly issued. L P A No. 1586 of 2011 has been preferred by the said Shri Ram Kumar (respondent 3rd set). L P A No. 1713 of 2011 has been preferred with the leave of the Court by the ad- hoc committee constituted on 30.6.2010 through its Convener one Shri Abdul Bari Siddiqui claiming that it was the genuine Association recognized by the Board of Cricket Control in India(Respondent 4th set)( hereinafter referred to as BCCI). The common stand was that the elections allegedly held on 12.9.2010 were fraudulent and illegal based inter alia on a wrong voters list. The Special General Meeting and the subsequent Annual General Meeting had both been called in violation of law as Respondent 1st set having been already ousted from the ad- hoc committee was incompetent to do so. No proper notice for the elections had been given to the members. Respondent 1st set had no authority or jurisdiction to operate the bank accounts. Objections were also raised that the writ petition by respondent 1st set was not maintainable for a private dispute based on disputed facts. The writ petition did not merit being entertained as it suffered from non- impleadment of necessary parties(the ad hoc committee). The issue being limited for operation of bank accounts, the Learned Single Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 9 Judge could not have pronounced on the validity of the elections held on 12.9.2010. The writ petition suffered from gross concealment of facts not disclosing pendency of C W J C No. 16762 of 2010 filed earlier against the BCCI seeking directions to recognise them as the valid Association. The Appeals were contested before the Division Bench by respondent 1st set, contending that fresh elections held was not in dispute. There was no challenge by anyone to the validity of the elections before a proper forum. The contention on behalf of the State that the registration of the Association had been cancelled had become infructuous in view of subsequent developments on the aspect. The Division Bench differed in opinion and conclusions. A view was taken that the elections held on 12.9.2010 were a fate accompli. The ad-hoc committee had no locus thereafter. Any objection to the elections could not be agitated before the Court but had to be the subject matter for consideration in an election petition. The opinion and observations of the Learned Single Judge with regard to the validity of the elections would have to be eschewed in any such election petition which had to be decided on its own merits in law. The second view arrived at was that the BCCI had a statutory duty to perform by ensuring that the feud between the two factions
Decision
was brought to an end. The writ petition was maintainable as remedy of a Suit by the Appellants to question the elections was onerous, time consuming and therefore not a sufficient justification to decline jurisdiction. A declaration was made that the elections held on Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 10 12.9.2010 was not valid and suffered from serious infirmities. Directions were given to constitute a 5 man committee for holding of fresh elections. Hence the reference before us. Learned Senior Counsel Sri Y.V. Giri on behalf of the Appellants in LPA No.1713 of 2011 submitted that the dispute between rival claims to office bearer ship under the bye laws of a body registered under the Societies Registration Act, being a private dispute raising disputed questions of facts was not amenable to the writ jurisdiction invoked by the respondent 1st set. Reliance in support was placed on (2006) 9 SCC 524 (New Okhla Development Authority V. Kendriya Karamchari Sahkari Grih Nirman Samiti Ltd). No public duty or statutory duty was involved. The Learned Single Judge should have appropriately left the writ petitioner to seek relief of declaration before a competent Civil Court in a duly constituted Suit. Reliance was placed on 1995 (1) PLJR 400 (DB) (Bokaro Steel Workers Union V. State of Bihar) and 1998 (1) PLJR 730 (DB) (Sri R.N.Singh V. State of Bihar). The writ petition suffered from serious non-joinder of the ad-hoc committee as a necessary party respondent. The findings to its prejudice behind their back being in violation of the principles of natural justice are not binding on it. Reliance was placed on (2010) 13 SCC 427 (Oryx Fisheries P. Ltd V. Union of India). The elections were held pursuant to a flawed voters list for which reason the earlier elections notified on 4.4.2010 were also postponed. The ad-hoc committee was constituted on 30.6.2010 for six months to address the problems and to ensure a free fair and impartial election. Respondent 1st set was himself a member of the ad- hoc committee. Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 11 On account of complaints against him he was suspended from the ad hoc committee on 21.8.2010. The Special General Meeting and the Annual General Meeting convened by him thereafter followed by elections on 12.9.2010 were all illegal and of no consequence. It is only the President of the Association/Chairman of the ad-hoc committee who could have called the Special General Meeting/ Annual General Meeting and the ensuing elections. No proper notice was given to the members both of the meetings and the elections. The BCCI had recognized the status of the ad hoc committee and at no time the Association represented by respondent 1st set had had been granted recognition by it. The institution of CWJC No. 986 of 2011 without mentioning the pendency of CWJC No. 16762 of 2010 seeking recognition from the BCCI amounts to concealment of a necessary fact which alone was sufficient to dismiss the former. Reliance in support was placed on (2007) 8 SCC 449 (Prestige Light v State Bank of India.) Parallel proceedings in respect of a common claim could not be pursued in both the writ petitions. The claim in the former was directly dependent on the outcome of the latter. Reliance in support was placed on (2006) 12 SCC 484 (State of H.P. v Surinder Singh Banolta). The relief sought in the writ application was only for directions to permit operation of the bank account. The Learned Single Judge travelled beyond the pleadings and the relief sought by pronouncing on the validity of the elections. Reliance was placed on (2010) 8 SCC 329 (Shalini Shyam Shetty V. Rajendra Shankar Patil) and (2010) 11 SCC 557 ( Manohar Lal V Ugrasen). Sri Abhinav Srivastava, Advocate, appearing on behalf of the Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 12 Appellant in LPA No. 1586 of 2011, also a member of the ad hoc committee principally adopted the arguments made on behalf of the former Appellant. Learned Senior Counsel Sri Jitendra Singh appearing on behalf of the BCCI regretted the other view taken before the Division Bench calling its behaviour „recalcitrant‟ merely because it was the stand of the BCCI to be aloof from the factional feud, as unjustified. The responsibility for arbitrating peace between them could not be thrust upon the BCCI. It has been observed that the BCCI is not a statutory body and yet the finding was that it had failed to discharge statutory obligations. There were four Cricket Associations in Bihar, the Bihar Cricket Association, Association of Bihar Cricket, Cricket Association of Bihar and the Cricket Control Association of Bihar. The BCCI shall abide by the decision of the Court on the aspect of recognition and till then it shall withhold any financial assistance to either. Learned Senior Counsel Sri Bibhuti Prasad Pandey appearing for the respondent 1st set denied that failure to mention pendency of CWJC 16762of 2010 amounted to concealment or maintaining parallel proceedings for one cause of action rendering the latter writ petition fit for dismissal. The right to operate the bank accounts of the Association was a necessary concomitant to the election of office bearers. The bank was raising frivolous and irrelevant objections on behalf of those who had failed to get elected. In absence of any challenge to the elections by any aggrieved before an appropriate forum, there was no need to implead the ad hoc committee or any Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 13 member of the ad hoc committee as a party respondent since they had no locus after the elections held on 12.9.2010. No one had challenged the calling of the Special General Meeting, the voters list or the consequent elections as not having been conducted in a fair and impartial manner. The members of the ad hoc committee and all other concerned had full knowledge of events leading upto the elections. If the respondent 3rd set raised a dispute with regard to the elections in his counter affidavit the Learned Single Judge committed no wrong in holding that the objections were frivolous returning the finding that the elections were validly held. The order setting aside the elections and directing it to be held afresh was unsustainable. Shri Sanjay Singh, Advocate, appeared for the District Cricket Associations and submitted that the ad hoc committee was itself constituted contrary to law as it consisted of three outsiders who had no locus. We have considered the submissions made on behalf of the parties. The failure by respondent 1st set to mention the pendency of CWJC No. 16762 of 2010 filed earlier, in our opinion does not amount to any suppression or concealment of a material fact disentitling it to relief. It may have been proper for it to make such statement is an entirely different issue. The relief sought in the two writ applications were distinct and unconnected. The respondent did not seek to achieve any advantage or benefit by not mentioning the same which would otherwise not have been available to it by reason of such disclosure. The causal link suggested by the Appellants is too distant and remote to hold concealment. In the former, relief had been Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 14 sought against the BCCI only in context of the subsequent elections. In the latter the relief sought was to permit operation of the bank account of the Association by the elected office bearers. The principle has been explained in (2004) 7 SCC 166 (S.J.S. Business Enterprises (P) Ltd. v. State of Bihar)as follows :- “13. As a general rule, suppression of a material fact by a litigant disqualifies such litigant from obtaining any relief. This rule has been evolved out of the need of the courts to deter a litigant from abusing the process of court by deceiving it. But the suppressed fact must be a material one in the sense that had it not been suppressed it would have had an effect on the merits of the case. It must be a matter which was material for the consideration of the court, whatever view the court may have taken. Thus when the liability to income tax was questioned by an applicant on the ground of her non-residence, the fact that she had purchased and was maintaining a house in the country was held to be a material fact, the suppression of which disentitled her to the relief claimed. Again when in earlier proceedings before this Court, the appellant had undertaken that it would not carry on the manufacture of liquor at its distillery and the proceedings before this Court were concluded on that basis, a subsequent writ petition for renewal of the licence to manufacture liquor at the same distillery before the High Court was held to have been initiated for oblique and ulterior purposes and the interim order passed by the High Court in such subsequent application was set aside by this Court. Similarly, a challenge to an order fixing the price was rejected because the petitioners had suppressed the fact that an agreement had been entered into between the petitioners and the Government relating to the fixation of price and that the impugned order had been replaced by another order.” The failure to mention what was not a material fact not being fatal was considered in (2007) 6 SCC 120 (Arunima Baruah v. Union of India) observing as follows:- Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 15 refuse to exercise “12. It is trite law that so as to enable the court to its discretionary jurisdiction suppression must be of material fact, fact. What would be a material suppression whereof would disentitle the appellant to obtain a discretionary relief, would depend upon the facts and circumstances of each case. Material fact would mean material for the purpose of determination of the lis, the logical corollary whereof would be that whether the same was material for grant or denial of the relief. If the fact suppressed is not material for determination of the lis between the parties, the court may not its refuse discretionary jurisdiction….” to exercise Respondent 3rd set, before the Learned Single Judge, did not deny the holding of fresh elections. On the contrary, acknowledging it, the averment at paragraph 15 of the supplementary affidavit was that the elections held on 12. 9. 2010 “is nothing but a stage managed show by Sri Ajay Narayan Sharma and has no sanctity in view of the anomalies as pointed out above”. In the Appeal preferred with leave of the Court, a view has further been taken that though the illegality of the Special General Meeting, the Annual General Meeting convened by the respondent 1st set and the elections held on 12.9.2010 had been assailed during arguments, the submission was not supported by any pleadings and did not find any mention in the memorandum of appeal. This aspect finds no discussion in the other view taken by the Division Bench while holding the elections to be bad and directing fresh elections. It would be for the aggrieved to question the voters list, holding of meeting and elections. In absence of the same there was no occasion for the Learned Single Judge also to dwell into the aspect of the validity of the elections merely because the respondent 3rd set in his affidavit may have pleaded that the elections had not Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 16 been held in accordance with law. The elections and its validity being a mixed question of law and fact could only be decided in a properly constituted Suit/election petition to be preferred by the aggrieved where both parties would have also led evidence. The validity of the same could not have been decided in a summary manner especially when all parties were not present before the Learned Single Judge. The failure of any to challenge the elections was itself sufficient ground to grant the limited relief for operation of the bank account by the undisputed office bearers. In a writ application the grant of relief has to be considered as pleaded. The statements made in the counter affidavit assist the Court in adjudicating if the relief claimed should be granted or not or for partial grant and /or denial. The contentions and averments in the counter affidavit cannot be considered to enlarge the arena of adjudication to grant relief not sought in the plaint. The ad-hoc committee had a life of six months only from 30.6.2010 within which the elections were to be held. Indisputably the elections have been held within six months on 12.9.2010. In our opinion, the Learned Single Judge erred in delving into the issue for the validity of the elections affirming its genuineness. The narration of facts in the writ petition could not take the colour of a dispute to be decided with regard to the election merely because the respondent 3rd set may have questioned the same in his counter affidavit. The principle that the relief to be granted has to be based on the pleadings and that the power to mould the relief cannot be extended by drawing sustenance from the counter affidavit beyond the pleadings has been considered Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 17 in (2009) 14 SCC 132 (State of West Bengal v. West Bengal Registration Copywriters Association.) The right to hold office after elections held under the bye-laws of a Society was noticed in (2006) 11 SCC 624 (I. Nelson v. Kallayam Pastorate) observing as follows:- that the bye-laws of “17…..Right to contest an election of an office- bearer of the society is a statutory right of the member thereof. Such a right also exists under the bye-laws of the society. It is not the case of the the respondents society are invalid in law. Once a valid election was held, the High Court, in our opinion, could not have directed setting aside of an election only on the purported ground that it became defunct….. 18. There is, therefore, no reason as to why the elected members should not be allowed to carry on the activities of the society wherefor they were duly elected. We may, however, hasten to add that when we say so, we do not intend to pronounce on the validity or otherwise of the elections held. If any application has been filed by a person aggrieved for setting aside an election, the same undoubtedly will have to be disposed of in accordance with law.” The preparation of the electoral roll being an intermediary process of the election any challenge to the same can be laid out only after conclusion of the election in a duly constituted election petition/Suit and not under Article 226 at an earlier stage as observed in (2001) 8 SCC 509 (Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha v. State of Maharashtra) :- “9…In view that the preparation of electoral roll is part of the election process and if there is any breach of the Rules in preparing the electoral roll, the same can be called in Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 18 question after the declaration of the result of the election by means of an election petition before the Tribunal.” We find it difficult to concur with that view taken in Appeal that the remedy of a Suit to question the elections would be time- consuming and therefore onerous. The genuineness and validity of an election is a mixed question of law and fact requiring evidence including oral not amenable to the writ jurisdiction. While a writ petition may lie on disputed facts also if unravelling is possible on basis of available documentary evidence, in cases involving gross complicated questions of facts like the present case requiring leading of evidence etc resort to Article 226 cannot be had. If that were to be so Section 9 Code of Civil Procedure would be rendered redundant and Article 226 omnipotent irrespective of all considerations. In (2006) 4 SCC 501 (P.R. Murlidharan v. Swami Dharmananda Theertha Padar)it was observed :- the trust. In any event, “12…..What was necessary for determination of the question arising in the writ petition was not the interpretation of the documents alone, but it required adduction of oral evidence as well. Such evidence was necessary for the purpose of explaining the true nature of the deed of trust, as also the practice followed by impleading this applicant herein, as noticed hereinbefore, has raised a contention that he alone was ordained to hold the said office as per the bye-laws of the first respondent to hold the office was also in question. In this view of the matter, we are of the opinion that such disputed questions could not have been gone into by the High Court in a writ proceeding. 13. Furthermore, the jurisdiction of the civil court is wide and plenary. In a case of this nature, a writ proceeding cannot be a substitute for a civil suit.” trust. The qualification of the Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 19 In our humble opinion, and we say with all humility, that if the Learned Single Judge erred in delving into the validity of the elections, the other view taken in Appeal holding the same elections to be bad and directing fresh elections to be held is likewise unsustainable for the very same reasons. The BCCI is governed by its memorandum of association and rules and regulations. These are internal guidelines and aids. They do not have statutory force but are binding inter-se between the parties only. Under Rule 8 dealing with the powers and duties of the Board for co-ordination of activities between affiliated associations and to mediate in disputes between the members and or associate members and otherwise to do all acts conducive, convenient for carrying out the objects of the BCCI cannot tantamount to a statutory duty for resolving any impasse between the two feuding factions in the State. The creation of a congenial atmosphere for the game in the State rests with the people of the State and not the BCCI. The latter can only be an aid or agent for promotion of the game in the State and not the tool for the same. The reliance on (2005) 4 SCC 649 (Zee Telefilms v. Union of India) is not considered necessary to deal as it related to actions of the BCCI and not the feuding factions as presently. The reliance by the Appellant on Prestige Lights (supra) is misconceived in view of our conclusion that failure to mention the pendency of earlier writ petition did not amount to concealment of a material fact. In the case of Surinder Singh Banolta (supra) the question for consideration related to two parallel proceedings before Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 20 two different forums for the same cause of action questioning the competency of a candidate in elections with the possibility of two different conclusions which is not the case presently. In view of our conclusion that the writ petition by respondent 1st set sought limited relief for operation of the bank account pursuant to an unchallenged election, New Okhla Development Authority (supra) for the proposition of complex disputed question of facts has no application. The question for consideration in Oryx Fisheries(supra) related to a show cause notice displaying a pre-conceived mind and absence of reasons which again has no application in the facts of the case. Shalini Shyam Shetty (supra) related to a purely private dispute unlike the present writ petition filed against the bank refusing to recognise a validly elected office bearer at the behest of a rival candidate. Ugrasen (supra) supports our conclusion that issues beyond the pleadings could not have been considered and ordered. In Bokaro Steel Workers Union (supra) two rival factions claimed to have been validly elected in separate elections. The Registrar Trade Unions directed fresh elections. In the meantime, one of the factions filed a Suit with regard to the validity of the elections. It was held that the Registrar had no power to give such directions and the Suit was the proper remedy for the same. In R.N.Singh (supra) a similar view was taken. If the Appellants were dissatisfied with the elections it was for them to challenge the same in a Suit. In conclusion, we are of the considered opinion to concur with that view taken in Appeal by the Division Bench that the elections held on 12.9.2010 not being the subject matter of any challenge Patna High Court LPA No.1713 of 2011 (16) dt.10-07-2013 21 before a competent forum by the aggrieved, the elected office bearers are entitled to benefit of the same. It remains open for the aggrieved to challenge the elections before a competent forum in accordance with law. In that event, any opinion and /or observation made by the learned Single Judge or the other view taken before the Division Bench touching or hinging upon any finding for validity or invalidity of the elections shall be eschewed completely by the competent court of law which shall proceed to decide afresh on basis of the materials, both pleadings and evidence that may be led before it. We do not concur with the other view that the elections need to be set aside with directions for holding fresh elections in the manner directed. The question regarding maintainability of a writ petition against the BCCI has not been considered necessary to decide and is left open for consideration in an appropriate case. The Appeals stand disposed. (Navin Sinha, J) (Jayanandan Singh, J) (Rakesh Kumar, J) (Jayanandan Singh, J) I agree. (Rakesh Kumar, J) I agree. Patna High Court The 10 th July, 2013 Snkumar/- (NAFR)