The High Court · 2025

Order

Heard Sri P- Rajasripathi Rao, learned Senior Counsel on behalf of Sri G. Aditya Goud, learned counsel for petitioners, learned Government Pleader for Sports and Sri S'

Ashok Anand Kumar, learned Senior Counsel on behalf of Sri N' Gangadhar, learned Standing Counsel for the 2'd respondent Association. Petitioners are members

2. Respondent No. 2 Association. They of Apex Council of approached this court seeking the following relief: " A. For the reasons stated above, it is therefore prayed that this Hon'ble court may pass an order, direction, writ more particularly one in the nature of the writ of Mandamus declaring the Appointments of Respondent No.7 to 16 by the Respondent No'3 to 6 as illegal and arbitrary and is in violation of Bye-Laws- of the Respondent No'2 Association more specihcally Rule 15(I), 15(2), 15(5), and 15(7) of the Memorandum of Association and Rule and Regulations and consequently set aside the appointments of Respondents No' 7 to 16 and pass such other order or orders as deem fit and proper in the circumstances of the case and in the interest ofjustice' B. This Hon'ble Court may be pleased direct the Respondents No.2 to 6 to provide financial disclosures by complying with Rule 7{5) (el and provide the audited balance sheets and statements of accounts to all members of the Apex Council and to mandate the Respondents to respect and uphold the autonomy of the CricketCommitteesunderRule26andrefrainfrominterferingintheir statutory funct ion s. 2 C. It is also prayed to issue appropriate directions to restore collective governance by convening inclusive meetings, circulating minutes, providing regular updates, and implementing AGM decisions in accordance q,ith the HCA's bye-laws in the interest ofjustice".

3. Respondent No.2 is registered under the provisionS of the Societies Registration Act uid.e Registration Number 2O7 I 1961 and its object and purpose, in brief, is promoting and regulating cricket with transparency, accountabiliW and integrity. The primary objectives include enhancing quality and standards of cricket through policies, coaching schemes, tournaments and infrastmcture development. It is the case of petitioners that they are members of the Apex Council of Respondent No.2 Association, elected in accordance with Chapter 4 of the Memorandum of Association and Rules and Regulations 201g (herein alter be referred to as Rules and RegulationsJ. As per Rule 14 of the Bye_l:rws of the Associalion, the Apex Council comprises o[ Nine Councillors out of which five. members are elected as Office Bearers by the Full Members of the Association and the other four members elected consist of: one by the Full Members of Respondent No. 2 Association, Two by the players, Association and One by the Comptroller and Auditor General of Telangana. petitioners represent diverse stakeholders of HCA and are aggrieved by the arbitrary and unilateral actions of the Respondents, which ,) undermines the collective decision-making process of the Apex Council and violates the Bye-Laws of the Association.

4. The gist of the grievances of Petitioners made in the writ affidavit is as under: Respondents 3 to 6 failed in their statutory and fiduciary obligations by excluding the other Apex Council Members from the decision-making process and are running Respondent No.2 as personal business of Respondents 3 to 6 and in violation/ non-compliance of Rules and Regulations - 2018, of Respondent No.2. Respondents 3 to 6 failed to convene meetings of the Apex Council in accordance with the prescribed Rules. As per the Bye-laws of Respondent No. 2 Association, the Apex Council is mandated to meet at least once in every three months, with fourteen days' clear notice provided to all members along with the agenda. Respondents 3 to 6 acted in blatant disregard ofthe rules and powers that govern the Apex Council. Petitioners, through multiple written communications, including e mails, have consistently highlighted breaches of Respondent No. 2 Association's Bye-laws, particularly failing to adhere to the procedural requirements for convening Apex Council Meetings as per Rule 15(5), (7) and (8). Petitioners specifically pointed out I 4 lack of proper notices, non-disclosure of agendas, exclusion of members and failure to maintain quorum. On 19.O9.2024, Petitioner N9. 2 sent e mail to Respondent No.5 to circulate the Internal Audit Reports and Books of Accounts along with the irregularities given by Statutory Auditors and also Bank Statements lrom October 2023 till date. On O2.1O.2O24, Petitioner No.2 mailed to Respondents 3,4,5 and 6 stating that appointment of Respondents 7 Lo 16 have been made without the approval of the Apex Council and that there are no updates regarding circulation of Minutes of meetings, statements of income and expenditure, reports of internal audits and also regarding legal matters. Above e mail was followed by issuance of another e mail on 17.1O.2O24, by Petitioner No. 2 sent to Respondents 3, 4,5 and 6 to bring it to their notice that appointments of coaches with huge remunerations are being made without any consultation nor discussions with Apex Council Members which is a clear violation of ByeJaws of Respondent No. 2 Association. On 18.11.2024, Petitioner No.2 sent e mail to Respondent No. 6 reiterating the request for audit reports from October 2023 to date, stressing that all the Apex Council Members must have access to these documents for better I ) governance, however, Respondents 3 to 6 failed to address the concerns or take any alternative remedial action thereby undermining the procedural and substantive integrity of Respondent No. 2 Association's framework. Respondent No. 4 has grossiy violated his statutory duties as outlined under Ruie 7(3)(a) of bye-laws, which expressly mandates him to keep and maintain the Minutes of the Annuai General Meetings, Special General Meetings and Apex Council meetings in appropriate books, ensuring that they are properly recorded and confirmed. The relevant portion of the Bye-laws is extracted hereunder:

7. N)WERS AND DUTIES OF OFFICE BEARERS " (3) THE SECRETARY (a) Keep and maintain the minutes of Annual General Meetings and Special General Meetings of the General Body, the meetings of the Apex Council and of the Committees appointed by the General Body in appropriate books and shall cause them to be properly and correctly recorded and confirmed." Qespite this clear obligation, the Secretary failed to discharge this fundamental responsibility, as evidenced by the absence of proper records of meetings and non-circulation of minutes to members of Apex Council, including Petitioners. This lapse not only contravenes the procedural requirements but also undermines the principles of transparency and accountabilit5r, which are essential to the governance of HCA. \ 6 As per Rule 7 of Association Memorandum, signatory authority for audited annual accounts and other financial statements is vested collectively- with the President, Secretary, and Treasurer i.e. Respondents 3,4 and 5 respectively, however, they grossly misused their authority by taking unilateral decisions regarding appointment of Respondents 7 to 16, circumventing the Apex Council's approval. On 30.O8.2024, an agreement was entered into between Respondent Nos.2 and 7, appointing him as a consultant for cricket operations and game development, with a remuneration of Rs.75,OO,OOO/- per annum, without consultation with the Apex Council. This unilateral action violates the provisions of HCA Memorandum, particularly Rules 15(4X1), 15(a)(n), and 15( )(O) of Respondent No.2. The actions of Respondents 3 to 6 in making appointments of Respondent Nos.7 to 16,-not only violates HCA's Rules and Regulations but also amounts to breach of {iduciary duty by Respondents, as they are iliegally executing appointment contracts without consulting or obtaining approval from the Apex Council. Respondents 3 to 6 bypassed the Apex Council in key matters, but not limited to appointment of coaches and sta,ff, which fal1s squarely within the ambit of the Apex Council's -.- 7 powers and functions. Appointment of staff and coaches falls within the explicit scope of the Apex Council's functions as provided under Rules 15(4Xl), 15(a)(n) _and mandate that the Apex Council, in consultation with the CEO; 15(a)(0), which is responsible for framing rules for such appointments as well as determining the terms and conditions of service. These provisions require collective decision-making to ensure transparency, accountability and adherence to fair procedures- Petitioners came to know about the said appointments when these appointments were published in the local newspaper. Respondents 3 to 6 uniiaterally made decisions regarding allocation, regulation and expenditure of Respondent No.2 Association's finances without consulting the Apex Council which act of commission is in violation of Rules 15 (4) (c) and 15 (4) (h) which mandates the Apex Council to control and expand the finances collectively.

5. Gist of the counter filed on behalf of Respondent No.2 to 6, which is as under:- As per Bye-Law/ Rule al(l)(a) mandates that any dispute between or among the 2'd Respondent Association, its members, TTL Franchisees and Cricket Players Association shall be automatically referred to Ombudsman, therefore, Writ Petition is not maintainable. \ j IJ Availability of alternative remedy under Section 23 of the Societies Registration Act, 2OO 1, thereby Writ is not maintainable and so also in view of the -order passed by this Court in Writ Petition No. 34529 oI 2024 and batch dated

29.10.2024. Reliefs sought in the Writ Petition is amounting to enforcement of the Bye-Laws, which is not permissible, as held in 1990 ALT 1(FB). A ResoluLion was passed empowering the Office bearers to appoint Team Officials, etcetera in the General Body Meeting held on 1a.O2.2O24 and petitioners are parties to the said Resolution thereby cannot approbate and reprobate. Basing on the said Resolution, Respondent No.4 had made appointments of Respondents 7 to 16. Neither Rule 15(1) nor sub-rules (a) to (r) of Rule 15(4) empower the Apex Council to make appointment of RespondentS 7 to 16. As such, petitioners cannot have any grievance with regard to appointments of Respondents 7 to 16 by Respondent No.4. Annual General Body Meeting was held on la.O2 -2024 and in the said meeting, it was unanimously resolved that :- 9 i) The Audited Statements of Accounts for the Iinancial years 20 18- I g , 2Olg-2O , 2O2O-21 , 2O2l-22 &' 2022-23 are adopted by the General BodY. ii) Unanimously approved the- adoption of Annual Budget for the years 2023-24 and 2024-25. iii) 25o/o of the approved budget will be used for the development of HCA affiliated Districts infrastructure i'e purchase of lands, development and maintenance of grounds, cricket equipment and materials. iv) M/s Shekar and Suresh Chartered Accountants are appointed as statutory auditors for the firnancial year 2023- 24 with the same fees. v) Regarding Single Member Committee Recommendations if was concluded that Selection oversight Committee would be taken on record and fresh set of selectors would be appointed as per the Rules 25 and 26 of the Memorandum of Association and the Rules and Regulations, 2018 of the 2nd Respondent Association by the General Body' The decision of the General Body would be placed before the Hon'ble Supreme Court of India and necessary Orders would be soughl in this regard. vr) With regard to Appointment of Standing Committees under Rule 25 and Cricket Committees under Rule 26, it was resolved that the office bearers of 2"d Respondent Association be and are hereby authorised to appoint Standing Committees under Rule 25 of and Cricket Committees under Rule 26 of the 2'd Respondent Association Bye Laws and other committees as below; i 2 3 4 Senior Tournament Committee Cricket Advisory Committee Women's Cricket Committee Umpires Committee \ l l0

5. District Cricket Development Committee 6. Finance Committee On 1O.O7.2O24, t!;re 2"d Respondent issued paper publication inviting qualified and experienced individuals to apply to the coaching positions etcetera and following the said publication, appointment of Respondents 7 to 16 were made.

6. [n reply to the counter liled on behalf of Respondents 2 to 6, petitioners Iiled Reply, which is as follows in brief are as under: ()mbudsman was not appointed by the. 2nd Respondent and even otherwise Ombudsman was appointed, the said appointment was not done in accordance with the Rules and Regulations of the 2 ^ (nd) Respondent. No Ombudsman was appointed in the General Body of the 2 ^ (nd) Respondent, thereby appointment if any is made either by the Respondent No.3 or 4, is not binding on the Apex Council. Writ Petition is maintainable as the 2od respondent and BCCI are discharging public functions and that the 2od respondent had received grant and financial aid from the State Government and that law on the maintainability of Writ in the subject matter of dispute inter alia 2nd Respondent is/are amenable to the Writ Jurisdiction. The Ordeis passed by this Court 3r Wrrt Petition No. 34529 of 2024 and batch dated

29.10.2024 and so the judgment reported in 199O Vol 2 ALT l(FB) are not applicable to the facts and circumstances of the present writ petition. Rule 15 of the Rules and Regulations specifies the powers of the Apex Council and its role in the 2"d Respondent' Rule 24 of the Rules and Regulations specihes the powers of the CEO and his role in the 2'd respondent' There is no Rule in the Rules and Regulations of the 2nd respondent Association empowering Respondent No'2 to make the disPuted apPointments- Publication that is alleged to have given inviting tenders, is not filed and so also the said claim in the counter sans details of the Publication. The Minutes of the meeting/s are also disputed and the said Minutes are not signed by the parties present' Thereby' -for the reason that the the Minutes are disputed and so also said Minutes are not circulated to the members of the Apex Council and not uploaded in the 2"d Respondent Website' 7 . Rules and Regulations that are relevant for adjudication of the present lis are extracted hereunder:-

1. (Al DEFINITIONS In these Rules and Regulations, unless the context otherwise requires: - a. "ADIi/IIMISTRATOR" shall mean and include present and former Presidents, Vice Presidents, Honorary Secretaries, \ t2 Honorary Treasurers, Honorary Joint secretaries of the HCA, past and present presidents, and Secretaries of Members affrrliated to the HCA, a representative of a Member ol.the HCA, and any person connected with thg Governance and Management of the affairs of the HCA or of its Committees. . tasked with its governance as set out in Rule 14. "APEX COUNCIL" is the principal body of the HCA "HCA,, means ,'The Hyderabad Cricket Association,, in Telangana Regd. under rhe A.p. (TA) public Societies Registration Act, l3SO Fasli (Act 1 of 13S0 F-asli) bearing Registration No. 2or /r96 r 'cEo' is the chief Executive officer of the HCA appointed by the Apex Council as set out in Rule23. 'CONFLICT OF INTEREST,, refers to situations where an individual associated with the HCA in any capacitlz acts or omits to act in a manner that brings, or is perceived to bring the interest of the individual in conflict with the interest of 6 the game of cricket and that may give rise to apprehensions of, or actual favouritism, lack of objectivitSr, bias, benefits (monetary or otherwise) or linkages, as set out in Rule 3g. "COUilCILLORS', are the members of the Apex Council. "CRICKET COMMITIEES,, are the Committees as set up in Rule 26 whi<:h consist only of former players and are charged with selection, coaching and evaluation of team performance. "ETHICS OFFICER" is the person appointed to administer the Conflict_of_lnterest principles as set ou1_ in Rule 39. 'GENERAL BODy,,is the rs constituted by Club/Institution / Institutional supreme body of the HCA which members i.e., Member Club/ District Association and l3 Former International Players (Men & Women) hailing from Telangana State. "OFFICE BEARER" means President, Vice-President, Secretary, Joint Secretary, and Treasurer. - ' "OMBUDSMAN" is the independent grievance-redressal authority set up under Rule 40. "PLAYER" is any Cricketer past or present registered with HCA or any of its Members as a player and shall Include any person selected in any squad to represent HCA in a Test Match, ODI tour match, Twenty l2O or Junior Tournament Match or any Match conducted by HCA/BCCI in Telangana, India or Abroad. "PRESIDENT" is the Honorary President of the HCA and of the Apex Council as set out in Rule 7(1) "RULE" shall refer to any rule or sub-rule in these Rules and Regulations, and 'RULES" refer to these Rules and Regulations. "SECRETARY" is the Honorary Secretary of the HCA as set out in Rule 7(3). "TEAM OFFICIAL" refers to the support staff appointed by the HCA including coaches, managers, physiotherapist, nutritionists,. trainers, analysts, counsellors, and medics' (Bl TNTERPR"ETATION (i) In these Rules, all references to Players, Match Officials and Administrators shall, unless the context otherwise requires, be deemed to include Players, Match Offrcials and Administrators (and/or equivalent persons) of the TTL and its Franchisees as well. (ii) The EFFECTIVE DATtr shal1 be the date on which these Rules come into force ,\ .L t4 CHAPTER.II THE GENERAL BODY AND OF'FICE BEARERS AND THEIR POWERS & FUNCTIONS CONSTITUTION AND FUNCTIONS OF THE HCA The General Body is constituted o[ all the Members of the HCA namely Member Club Institution I Institutional Club I District Association and Former International Players (Men & Women) hailing from Telangana State. The authorized Representatives of the various Full Members shall cast their votes on behalf of their respective Full Member. Former International Players (Men & Women) shall exercise their votes personally and there shall be no proxy voting. All powers of governance, managemenl, and decision- making shall vest in the General Body. In addition to the powers already given to the Apex Council, the Governing Council and the CEO under these Rules, the General Body may delegate such powers as it deems ht to any of them. In adclitlon to, and without prejudice to the generality of powers vested in it, the General Body shall have the power: To collect funds and wherever necessary borrow, with or without securitSz, for purposes of the HCA and to raise loans with or without securit5r and to purchase, redeem or payoff any such security. Alterations, amendments, or additions to the Laws of Cricket in Telangana whenever desirable or necessarSr. a. To direct and control the Governing Council, to lend oversight and assistance to the TTL conducted by the Council and to ensure that the interests of the franchises and the players are protected. To review any decision of the Apex Councillor the Goyerning Council 15 Generally, to do all such other acts and things as may appear to the Generai Body to be expedient, convenient and/or conducive to the carrying out of the above functions of the HCA. 7. PO1VERS AND DUTIES OF OFFICE BEARERS: THE PRESIDENT The President shall preside at all meetings of the General Body and the APex Council. The President shall be one of the three persons who sign the audited annual accounts and other hnancial statements of the HCA. The President sha1l also exercise such functions and duties as he may be empowered with by the General Body or the Apex Council. The President shall, in the event of a vacancy or indisposition of an Office Bearer, delegate the functions to another Ofhce Bearer until the vacancy is duly Iilled up, or the indisposition ceases. THE VICE PRESIDENT The Vice President shall ofiiciate in the President's absence when the President is unavailable. The Vice President shall also exercise such functions and duties as he may be empowered with by the General Body or the APex Council. THE SECRETARY The Secretary shall: Keep and maintain the minutes of Annual General Meetings and Special General Meetings of the General Body, the meetings of the Apex Council and of the Committees appointed l t6 by the General Body in appropriate books and shall cause them to be properllr and correctly recorded and confirmed. Be one of the three persons who sign the audited annual accounts and other financial statem'ents of the HCA. Be in-charge of the records of the General Body, the Apex Council, the Governing Council and all Committees, and such properties as may be entrusted to his care by the HCA, the Apex Council, or the Governing Council a.s the case may be. Convene the Annual General Meetings, the Special General Meetings and the meelings of the Apex Council and Governing Council with the concurrence of the President. Circulate to all Members of the HCA the statement of accounts prepared by the Treasurer. Have the power to delegate any work to the Honorary Joint Secretary. THEJOINT SECRETARY The Joint Secretary shall: Convene and keep minutes of the Committees that may be placed in his charge at the Annual General Meeting or by the Secretary. .Assist the Secretary in all matters pertaining to the affairs of the HCA. THE TREASURER The Treasurer shall: Receive all subscriptions and donations and the monies payable and/or receivable by the HCA; Be one of the three persons who sign the audited annual accounts and other hnancial statements of the HCA. I t7 Keep accounts of a1l monies received and. expended by the HCA, in respect of assets, credits and liabilities of the HCA. Prepare statement of accounts, - Place before the Apex Council (i) Balance Sheet; (ii) Statement of Accounts of the HCA; and (iii) Annual Budget Place before the Annual General Meeting duly audited: (i) Annual Balance Sheet; and (ii) Statement of Accounts of the HCA. Invest and/or disburse the funds of the HCA, to withdraw any or all of the existing fixed deposits before the date of maturity in accordance with any general or special directions of the General Body or the Apex Council. Prepare budgets to be presented at the Annual General Meeting, Special General Meetings and Meetings of the Apex Council. Coordinate with the Auditor as well as the CEO to obtain in sight into the utilization of funds by the Full Members. CHAFTER.III MEE"TINGS OF THE GENERAL BODY A. ANNUAL GENERAL MEETING 'The Annual Generai Meeting of the General Body shall be held every year. not later than 3oft September at such place and time as the President may hx. Elections and Nominations to the Apex Council shall take place every 3 years at the Annual General Meeting. The following business shall be transacted at every Annual General Meeting of the General Body: Confirmation of the minutes of the previous Genera-l Meetings. .,1 l8 Adoption of the Report of the Secretary lbr the year under review. Adoftion of the Treasurer's Report and the audited accounts for the year under review Adoption of the Annual Budget. Appointment of Auditor or Auditors for the year and fix their remuneration. Appointment of the Ombudsman and Ethics Officer. Appointment of the Cricket Committees and Standing Committees as mentioned in Rules 26 and 25 respectively. Consideration of: The Report and recommendations of the Apex Council, the CEO, and the Committees and to propose policy directions to the Apex Council. The Report and recommendations of the Governing Council and to propose policy directions to the Apex Council. Any amendments to the Rules and Regulations of the HCA. provided no amendment to the Ruies and Regulations of the HCA proposed by a Full Member shall be considered unless the proposals for amendments are received bv the Secretar5r before 3lst July. The Reports of the Ombudsman and Ethics Officer and any recommendations made therein. CHAPTER-IV GOVERNANCE I4.THE APEX COUNCIL There shall be an Apex Council for the HCA which shall be primarily responsible for the governance of the affairs of the HCA. l9 The Apex Council shall comprise of 9 Councillors of whom 5 shall be the elected Office Bearers as per Rule 6 and the remaining 4 shall be: One to be elected by the Full Members of the HCA lrom among their represen tativesl Two, one male and one female, to be nominated by the Players Association from amongst those of its members who hail from Telangana; One to be nominated by the Comptroller and Auditor General of Telangana from among the serving senior functionaries of the C&AG's office, co-terminus with the nominee's tenure; A person shall be disqualified from being a Councillor if he or she: a. is not a cilizen of India; b. has attained the age of 70 Years; c. is declared to be insolvent' or of unsound mind; d. is a Minister or a Government Servant or holds a public office [except for the nominee under Rule 1a(2) tO]; .. n"ia" any office or post in a sports or athletic association or federation apart from cricket; f. has been an Office Bearer of the HCA for a cumulative period of 9 years or of a state association for a cumulative period of 9 years; or g. h.s bee.t charged by a Court of law for having committed any friminai offence, i.e., an order framing charges has been passed by a court of law having competent jurisdiction' Each of the elected Councillors shall have a term of 3 years in offrce, subject to a maximum of 3 Terms on the Apex Council. A Councillor who has held any post for two consecutive Terms either in a state association or in the BCCI (or a combination of both) shall not be eligible to contest any further election without completing a cooling off period of three years' During-the cooling off period, such a Councillor shall not be a 20 member of the Governing Councillor of any committee what so ever of the BCCI or of a state association. The expression 'Councillor' should not be permitted to be circumvented by being a member of any other committee or of the Governing Council in BCCI or any state association, as the case may be. No individual, including one filling up a vacancy under Sub-Rule (9) below shall be a Councillor for more than 9 years. Ln tht: event of a Councillor completing 9 years before the expiry of his term, he shall cease to hold office on completion of 9 years. No nominated Councillor shall have more than one. term of 3 years. Notwithstanding anything contained elsewhere in these Rules, a lormer President of the HCA shall not be entitled to be elected or nominated to the Apex Council in any capacity except for a second and final term as President, subject to sub- Rules (4) and (5) above. No Councillor, once elected in BCCI, shall hold any office in a State Association. The State Association shall take steps to filI up the vacancy so created immediately. Any vacancy in the Apex Council due to death, resignation, insolvency, unsoundness of mind, nomination to the BCCI or other disqualification shall be filled up for the remaining period: a. In the case of an elected Councillor, by elections at a Special (ieneral Body meeting of the HCA convened by the Secretary for that purpose wittrin 45 days;

2.1 b. (b) In the case of a nominated Councillor, in the same manner as prescribed for the respective nominee in Rule 14 (2) above; For the purposes of the Societies Registration Act, the governing body ofthe HCA shall be the Apex Council'

15. POWERS AND FUNCTIONS OF THE APEX COUNCIL The affairs of the HCA sha1l be governed by the Apex Councii and its framework of governance shall: i. Enable strategic guidance of the entily; ii. Ensure eflicient monitoring of management; iii. Ensure the performance of the respective roles, responsibilities and powers of the CEO, Managers, Cricket Committees and Standing Committees, except the Governing Council; and iv. Ensure a distribution and balance of authority so that no single individual has unfettered powers' The Apex Council shall have all the powers of the General Body and authority and discretion to do all acts and things except such acts as by these ruies are expressly directed or required to be done by the General Body' Exercise of such powers, authorities and discretion shall be subject to the control and regulation of the General Body' No regulation shall retrospectively invalidate any act of the Apex Councii which was otherwise valid. The Apex Council shal1 exercise superintendence over the CEO, the Cricket Committees, and the Standing Committees in the discharge of their duties generally, and in particular, in accordance with any general or special direction of 22 the General Body, except for the Governing Council of the TIL which is directly accountable to the General Body. In addition to and without prejudice to the generality of powers conferred direct.ty or by necessary implication under these Rules and regulations and the Memorandum of Association, the Apex Council shall exercise the powers and perform the duties here after mentioned: To control, permit and regulate all aspects regarding the visits of domestic cricket teams to Telangala and visits of HCA teams to other states and to settle the terms on which such visits shall be conducted. To lay down conditions on which Players shall take part in a toLrr to any place and by which such Players shall be governed, including terms of payments to such Players. 'lo control, expand ald regulate the finances of the HCA. To institute or defend any action or proceedings for or against the HCA or against any Oflice-Bearer or employee of the HCA. To mediate regarding issues between Members, failing resolution of which a reference may be made to the Ombudsman. To interact and consult with the Cricket Players' Association regarding representations made on their behalf. To purchase, sell arl.dlor mortgage, exchange and/ or otherwise dispose of immovable property wherever situated, in order to promote the objects of the HCA. To collect funds and whenever necessary borrow not exceeding 25o/o of the General Fund with or without security for ( JJ purposes of the HCA and to raise loans with or without security and to purchase, redeem or payoff any such security' To frll up, till the following Annual General Meeting' any vacancy occurring of a member of a cor-nmittee by reason of death or being adjudged insolvent or being of unsound mind or ' being convicted of a criminal offence involving moral turpitude or by resignation or any other disqualihcation' To frame rules and lay down conditions including those of travel, accommodation and allowances under which Players shall take part in cricket tournaments/ matches or Exhibition, Festival and Charity matches organized by the HCA or by a Member under the authority of the HCA in the course of a visit or tour ofany cricket team to Telangana' To frame rules for the State Championship of Telangana for the Inter-District matches or for University' Schools, or other tournaments or for any Exhibition matches between members and / or between the Universities/other institutions/ corporates/ others in the state' To frame rules regarding the appointment, service conditions and disciplinary action concerning employees and officers of the HCA. T.o make the Tournament Rules for various domestic tournaments and exhibition matches involving Members, Universities/Schools/Colleges and other entities' To frame, in consultation with the CEO, rules for the appointment of Managers, Secretaries, Administrative Officers, Peons and other service personnel and staff and for payment to them and other persons in return for their services rendered to the HCA,. salaries, wages, gratuities, pensions, honorariums, compensations, any ex-gratia payment and / or t-.- i\ ) 24 provident fund and to regulate discipline by suspending, fining, removing, or dismissing such employees. To make rules generally for the management of the affairs of I he HCA .stage To start or sponsor and/or to subscribe to funds or a match for the benefit of cricketers or persons who may have rendercd service to the game of cricket or for their families or to donate for the development or promotion of the game to be regulated by rules framed in this regard from time to time. To either on its own, of through its delegate, entertain, hcar, and decide administrative appeals by employees or other directlv alfected parties against the orders of the CEO or the Cricket Committees as the case may be. (ienerally, to do all such other acts and things which are delegated to it by the HCA and a1l other functions to be expedient, convenient and/or conducive to the carrying out of the above functions of the Apex Council. Provided that the exercise of powers under Clauses U), (k), (1), (m), (n) and (O) shall be subject to rarifrcation by the HCA at its next meeting, failing which the rules sha,ll lapse. The Apex Council shall me6t at least once every 3 months at suc:h time and place and shall conduct proceedings in such manner as it may from time to time decide. A Special Meeting of the Apex Council may be convened at any time by the president and shar be convened on a requisition to that effect being made in writing by not less than three Councillors. Any such requisition shall express the object of the meeting proposed to be called and shall be sent to the Secretary. I 75 Fourteen days' clear notice of the Meeting of the Apex Council together with the agenda shaii be given to the Councillors. For a Special Meeting of the Apex Council convened for the purposes stated in Sub-Rule (5) abqve, seven days' clear notice shall be given. An Emergent meeting of the Apex Council' may be convened by the President with Two days' notice' Five members of the Apex Council shall form a quorum for its meetings. The President or in his absence Vice President or in the absence of both a member elected by those present at the meeting shail be the Chairperson. In the event of a tie, the Chairperson shail have a casting vote- A resolution by circulation by all members of the Apex Council shall be as valid and effective as if it had been passed at a meeting of the Apex Council. Such a resolution shall be ratified at the next meeting of the Apex Council. The Secretary shall keep the minutes of every Meeting in a book which shall be signed by the Chairperson when approved. 16. HCA JURISDICTIOTT OVER PII\YERS' MATCH OFFICIALS & TEAM OFFICIALS OF MEMBERS The HCA shall have concurrent jurisdiction and control over Players, Match Officials and Team oflicials within the jurisdiction of a Member. Such individuals participating in cricket under the aegis of a Member shall be deemed ipso facto to submit to the jurisdiction of the HCA' CHAPTER-V MANAGEMENT 20. NON-CRICKETING MATTERS The day-to-day management of non-cricketing matters including operations, technical, human resources, financ% and media shall be conducted by the CEO ,9:t !tlt'- ) ?_6 supervision of the Apex Council aided by the advice of the Standing Cornmittees as set out in Rule-24. The CEO shall be assisted by Managers as may be appointed under the Rule 23.

21. CRICKETING MATTERS The management of cricketing matters such as selections, coaching and evaluation of team performance shall be exclusivelv handled by the Cricket Committees comprising only of players as set out in Rule 26. The management, evaluation and selection of umpires shzrll be done by the Umpires Committee comprising only of Umpires as set out in the Rule 27. The reports of the Cricket and Umpires Committees shall be sen t to the CEO for being forwarded to the Apex Council, but the CEO shall not in any way be involved in the preparation, approval, or amendment of the same.

22. EFFICIENCY IN FUNCTIONING (l) The bankers, lawyers and others offering professional services to the HCA shall be appointed in a fair and transparent rnanner, and may be changed from time to time, as the HCA may deem expedient. (2) The bank account of the HCA shall be operated by 2 authorized signatories from out of a list of authorized sigrratories designated by the Apex Council from amongst the professional management who are based out of the HCA Headquarters at Hyderabad. (3) The CEO and the Cricket & Umpires Committees shall function independently in their respective domains without any interference or approval from each other. 23.THE CEO 27 The day-to-day management of the affairs of the HCA shall vest in a full time CEO to be appointed by the Apex Council, who shall be a management professional with management experience of at ieast 5 years-as the CEO/MD of a company with a turnover of at least Rs. 100 crores 24,THE FUNCTIONS OF THE CEO The CEO shall have the following functions on behalf of the HCA l- To implement all the Rules and Regulations made by the Governing Bocly and the Apex Council as regard to non-cricketing matters. 2. To issue guidelines in respect of travel, accommodation, allowances, etc., to be paid to players, support staff and ofhcials participating in matches, other than international matches. 3. To lease and manage immovable property of the HCA wherever situated, in order to promote the objects of the HCA. 4. To lay down parameters for the laying of grounds for playing the game and to provide pavilion, canteen and other conveniences artd amenities in connection therewith. 5. To appoint Team Oflicials for the teams which shall compulsorily include quatihed coaches, managers, physiotherapists, nutritionists, trainers, analysts, counsellors, and medics. However, the Head Coach of each of the State Teams shall be appointed by the Cricket Advisory Committee referred to in Rule-26(2)A (ii) below. 6. To secure Players'welfare to ensure that the logistics manager will arrange for accommodation and travel, to ensure that tickets given to Players for matches will be on par with those given to the Members, and to also ensure that no expenditures towards the game (baggage handling. injury retated. etc.) will be undertaten by the Player, failing which such expenses will be reimbursed to the Player within 30 working days of the requisition being made. Also, to process requests made by Players to make arrangements for the accommodation and travel of their respective wives/ partners/ farnily members, wherever permitted. 7. To ensure that all measures are adopted to eliminate any form of racial, communal, caste or other hatred from the game, with stringent action taken against the offenders including tl.e initiation of criminal proceedings. 8. To start and maintain a tibrary of books, periodicals, DVDs, and other databases on Sports in general and Cricket in particular, and to publish journals, books, and other materia-l as well as the official rr ebsite of the HCA. L I8

9. To produce by itself the Cricket content for telecast of cricket matches ald/or ceremonies by hiring or owning equipment and hiring necessary crew, technicians, etc. 10. To publicize the stadium capacity of all stadia across the country with compulsory seat numbers, to provide transparent online and offline ticket booking services with reasorfably priced tickets and maximizc the access of the public to the games. 11. To provide at stadiums, wholesome and hygienic food and beverages at affordable rates, clean and hygienic rest rooms for all genders and for the differently-abled, adequate hre and emergency entries and corridors, sufficient access avenues and wheelchairs for the differently-abled, proper signage, parking, and transport facilities as well as efficient security systems. 12. To arrange and organize the all types of matches in Telangana including BCCI matches to be held in Telangana or for Universit5r, Schools. or other tournaments or for any Exhibition matches between members and or between the Universities / schools/ corporates / other institutions / others in Telangana including regulations and bye-law,s in respect of travel, accommodation, allowances to be paid to players arrd offrcials participating in such matches 13. To frame guidelines generally for the convenience ald ease of day- to-day malagement of affairs of the HCA. 14. To prescribe guidelines to layout or convert aly ground into high quality turf wickets at all levels in all areas of the country and to provide Pavilions, Canteens, Public Conveniences and other amenities with disabled access and suitable signage, especially to involve more lndians in the game of cricket and to encourage participation of all sections of society. 15. To assist the Cricket Committees ard facilitate the implementation of their tasks and recommendations. 16. To collate monthly reports concerning the functioning of the various Committees, to create action plans and upload the same on the website of the HCA. 17. To create a database of all cricketers at all levels, maintain records arld statistics, track performances and certiry age and identity of participants. 18. To take steps to create world class infrastructure at all levels in aII areas across the State. To coordinate with State / District and other associations, to conduct tournaments, to provide better access to the public, with particular reference to women and tl.e disabled. 19. To put in place mechanisms to encourage Telangana cricketers to play nationally and internationalty and hone their skills so that a wider talent pool is available to represent the state/country. 20. To sign and enter transparently into contracts for and on behalf of the HCA including with third parties and vendors for the purposes of the various Committees of the HCA, and to ensure that in all contracts for television and media rights, the interests of the public remain uncompromised, and full, unhindered broadcasts of all deliveries and their replays are shown. r9 th" p.tg.".s made in developing cricket in India'.-

21. To report to the Apex Council every quarter or as often as ..qri..a Uy tn. ap"* Council on the functioning of the management "r,i 22.ToconsiderthereportsoftheAuditor'toverifywhetherFull Me.nb.." are meeting their objectives and to assess whether cricket is being suitably developed and promoted across.tlre state' ii. "ro .o.t"ia"r ali apptications for frnaniial aid or any other b..r.uol..." to cricketers, Umpires, and administrators as p€r .ri." i..*.a by the General Body in this behalf from time to time and .".o--".r4 the same to the Apex Council for their approval. 24. To examine all the expenditure exceeding the Budget and to control such outlays as are required for the proper administration of the HCA- 25. To advise the HCA regarding investments' -0. fo p.o.."" requests made for increase in all types of allowartces' to be paid to the Members' tariff for Coaching -"mp", co..hi.rg Subsidies to the Members' allowance to the players "r,urr".,ilo.r"7.rbsidies formatchesofdifferentTrophiesandwhenplayingagainstdifferent Uottt at home and arvay and to recommend the same to the "iaes, Apex Council. zi. fo ao all acts and things which are delegated by the HCA and Apex Council to him, and,ll othtt functions as are necessary and eipedi..,t to carry out the objects of the HCA a-s aforesaid including .riry o.t correspondence in the name of the HCA' CHAPTER.VIII TRANSPARENCY & CONFLICT OF INTEREST 37. TRANSPARENCY "^p""rlaitrre

1. The Memorandum of Association' Rules and Regulations and all other resolutions, orders, and memoranda of the HCA (including the Apex Council and the Generat Body) shall be freely available to the SJ"...l o"Ufi. at a reasonable price The'same shall also be available on the Website of the HCA 2. Th. .o*position of the various Committees (including the Go.,...,i.tg Council of TTL), their reports of work done' frnancial outlay shall be uploaded on the Website of the HCA on a ..rd q.,"rt..iy basis at distinct tinks dedicated to each Committee' It shal1 be the rlsponsibility of the CEO to ensure that this is done' 3. Alt payments and expenditures made by the HCA which is in Rs.25 lakh shall be enumerated and uploaded on the ;*;'.i website- +.-aft p.o...Oi.,gs and conclusions of the Ombudsman and the Electoral Officeishall be uploaded on the Website of the HCA annually. 5- The audited accounts, balance sheets, proht & loss accounts and annual reports shall be uploaded on the Website of the HCA arlnually' The Financial and Compliance Reports of the Auditor shall be placed on the uptoaded on the website of the HCA annually' -) t0

6. The linancial & compliance report of the auditor shall be placed on the uploaded website of HCA arrnually. 7. All notices on or behalf of the HCA including tenders for goods and services, for contractual arrangements and the Iike shall be promptly uploaded on the Website of the HCA. 8- The website of the HCA shall have dedicated links to all the districts in the state which host matches, along with their complete seating capacity, pricing, and transparent booking procedures for aJl tournaments whether national, domestic or TTL. All sponsor and other allotments shall also be disclosed, in no event being more than 1O7o of the entire seating capacity in any particular categpry.

41. GRIEVANCE REDRESSAL

1. The types of disputes / differences that torm the Ombudsman,s ambit and the procedures for redressal are: a. Member, Association & Franchisee Disputes: Any disputes between or among the HCA, its Mernbers, TTL Franchisees and the Cricket players, Association shall be automatically referred to the Ombudsman. procedure: Both parties would submit their arguments and a hearing woutd be conducted following the principtes of natural justice and exercising all powers of enquiry and hearing as the Ombudsman deems fit before appropriate orders are passed. b. Detriment caused by Member or Administrator: If any Member or any Administrator of the HCA commits any act of indiscipline or misconduct or acts in any manner which mayor tikety to be detrimental to the interest of the HCA or the game of cricket or endanger the harmony or affect the reputation or interest of the HCA or refuses or neglects to comply with any of the provisrons of the Memorandum and/or the Rules and Regulations of the IICA and/or the Rules of conduct framed by the HCA, the Apex Council, on receipt of any complaint shall issue a Show Cause Notice calling for explanation and on receipt o[ the same and/or in case of no callse or insuflicient cause being shown, refer the same to the Ombudsman. Procedure: The Ombudsman shall, after providing opportunity of hearing to the parties concerned, pass .., .pp.op.iat. o.de. c. Misconduct or Breach by Others In the event of any complaint being received from any quarter or based on any report published or circulated or on its own motion, of any act of indiscipline or misconduct or violation of any of the Rules and Regulations by any player, Umpire, Team Official, Selector or any person associated with the HCA, the Apex Council shall refer the same expeditiously to the CEO to make a preliminary enquiry. Procedure: The CEO shall forthwith make a preliminary inquiry and call for explanations from the concerned person(s) and submit his report to the Apex Council not later than 15 days from lhe date of reference being made by the Apex Council. On receipt of the report, the Apex Council shall forward the same to the Ombudsrnan, who ; shall call tbr all particulars and unless it decides that there is no / 3t prima facie case and accordingly drops the charge' hearing shall .o*-"r,.. on the case and the same shall be completed as expeditiously as possible by providing a reasonable opportunity to the pailes of Uei.tg heard, Ii despite due notice, apy party fails to submit ,rry ..r". o. *b*it" insufhcient cause, the Ombudsman shall after providing reasonable opportunity of hearing to' the parties concerned' pass ap[rop.iate order [n the event any party refuses and or fails to .pp."i a."plt. notice, the Ombudsman shall be at liberty to Proceed ex--parte on the basis of the available records and evidence' ' Though, initially there was a strong submission s B. made by Learned Senior Counsel Mr'Ashok Anand Kumar' appea-ring for Respondents that 2"d respondents is not discharging any public functions and duties, thereby Writ Petition is not maintainable, on being opposed by the lear'ned Senior Counsel for Petitioners that in the counter filed in Writ PetitionNo.2T8g6of2024onbehalfofthe2ndRespondentit was averred in Para No. 15 that ofl-rce bearers of the 2"d respondent are discharging pubiic functions and public duties' the Senior Counsel had fairly conceded that the 2"d Respondent had, in fact, hled counter to the said effect' This Court appreciates .the fairness of the learned Senior Counsel appearing for ResPondents. g. It is brought to the notice of this Court by learned Senior Counsel appearing for Petitioner that this Court in PIL- W.P.No.16 of 2Ol7 uide order dated 23'05'2O17 at Para 19 had heldthatthe2.dRespondentisamenabletowritjurisdiction. Relevant Paras of the said order are extracted here under:- I .) 32 " 19 The contention that the Writ Petition is not maintainable against the HCA is only to be noted to be re.jected. The BCCI, like the HCA, is a.lso a society, but one which was registered under the Tamilnadu Societies Registration Act._The Supreme Court, in BCCI v. Cricket Association of Bihar (8) (2015) 3 SCC 251 : 2015 (1) ALT 35. I (DN SC), observed that the BCCI was discharging duties like selection of the Indian Cricket Team, controlling the activities of players etc, which activities were akin to public duties or State functions so that, if there was any breach of a constitutional or a statutory obligation or the rights of other citizens, the aggrieved party was entitled to seek redress under the ordinary law or by way of a writ petition under Article 226 of t}].e Constitution which was much wider than Article 32; that did not mean that the violator of such rights would go scot-free; there is always a just remedy for tJle violation of a right of a citizen; an aggrieved party can alu,ays seek a remedy under the ordinary course o[ law, or by way of a writ petition under Article 226 of lhe Constitution which is much wider than Article 32; BCCI is amenable to the writ jurisdiction of the High Colrrt under Article 226 even though it is not a 'State' q,ithin the meaning of Article 12: tl e rationale lies in the "nature of cluties and functions" which the BCCI performs; BCCI has a complete sway over the game of cricket in this country; it regulates and controls the game to the exclusion of all others; it formulates rules, regulations, norms and standards covering aJl aspect of the game; it enjoys the power of choosing the members of the national team and the umpires; it exercises the power of disqualifying players which may, at times. put an end to the sporting career of a person; it spends crores o[ rupees on buildings and maintaining infrastructure like stadia, running of cricket academies and supporting State Associations; it frames pension schemes and incurs expenditure on coaches, trainers etc; it sells broadcast and telecast rights and collects admission fee at the venues where matches are played; all these activities are undertaken with the tacit concurrence of the State Government and the Government of lndia who are not only fully aware but supportive ofthe activities of the BCCI; the State has not chosen to bring any law or take any other step that would either deprive or dilute the BCCI's monopoly in the f,reld of cricket; on the contrary, the Government of India has allowed the BCCI to select the national team _ -rl which is then recognized by a1l concerned and applauded by the entire nation including, at times, by the highest ol the dignitaries when they win tournaments ald bring laurels home; those distinguishing themselves in the intemational arena are conlerred highest civilial ar,vards like the Bharat Ratna, Padma Vibhushan,'Padma Bhushan and Padma Shri apart from sporting awards instituted by the Government; such is the passion for this game in this country that cricketers are Seen as icons by youngsters, middle aged and the old alike; any organization or entity that has such pervasive control over the game and its affairs, and such powers as can make dreams end up in smoke or come true, cannot be said to be undertaking any private activity; the functions of the BCCI pre clearly public functions which, till such time theStateintervenestotakeoverthesame,remaininthenatureofpublic functions, no matter discharged by a socie[- registered under the Regisffation of Societies Act; if the Government not only allows an autonomous/ private body to discharge functions which it could in law takeover or regulate, but even lends its assistance to such a non- government body to undertake such functions which' by their very nature, are public functions, it cannot be said that the functions are not public functions, or that the entity discharging the same is notanswerable on the standards generally applicable to judicial review of State action; while the BCCI may not be a State under Article 12 of the Constitution, it is certainly amenable to the writ jurisdiction under Article 226 of the Constitution of tndia'

20. Just like the BCCI, HCA is dlso a registered society administeririg cricket in Hyderabad. lt holds complete sway over cricket in the State of Telangana, and has exclusive authority to select the Hyderabad cricket tearn. It controls the Rajiv Gandhi cricket stadium at Uppal. As the functions discharged by HCA are public functions' it is amenable to the iurisdiction of this Court under Article 226 of the Constitution of India.

21. The answer to the question, whether the Writ Petition as filed is in public interest, is a-lso to be found in the very same judgment in Cricket Association of Bihar (8 supra) wherein the Supreme Court observed that a1l actions which BCCI takes' while discharging public functions, are open to scrutiny by the High Court in the exercise of their I 34 powers under Article 226 of the Constitution; such actions shall, when under scrutinv, be judged by the standards and on principles that govern similar actions when taken by the State or its instrumentalities; the approach, which a Court exercising powe.r: of judicial review of administrative action adopts, will remain the same irrespective of whether the action under review is taken by the State or its instrumentality or by any non-statutory non-government organisation like the BCC[; in K. Murugon v. Fencing Association of India, Jabalpur (9) (1991) 2 SCC 412 it was held that sports in India has assumed great importance fbr the community, while international sports has assumed greater importance over the pact few decades, despite this several sports bodies irr this country have got involved in group hghts leadin6i to litigation, and in the process losing sight of the objectives u'hich such societies and bodies are meant to serve and achieve; BCCI is a very important institution that discharges important public functions; demands of institutional integrity are, therefore, heaqr and neerl to be met suitably in larger public interest; the expectations of millions of cricket lovers in particular, and the public at large in general, have lowered considerably thethreshold of tolerance for any mischief, rvrong doing or corupt practices which ought to be weeded out of the system; and conflict of interest was one area which appeared to have led to the current confusion and serious misgivings in the public mind as to the manner in which BCCI was managing its affairs.

22. In the light of the aforesaid observations of the Supreme Court, it is evident that public interest lies in ensuring that the cricket loving public of H.yderabad get to see the eight |PL-2O17 season matches, scheduled to be held at Hyderabad from 05.04.2O17 unhindered, and that the inhghting in the HCA, and its acts of mismanagement, does not result in disruption of the scheduled IPL cricket matches.

25. Even otherwise, the inlighting within the HCA and the mismanagement by those at the helm of affairs there at, is put in issue in this Writ Petition. Just like the BCCI, the HCA is also required to comply with the recommendations of Justice R.M. l-odha Committee as accepted by the Supreme Court. Among the contentions raised in the Writ Petition is that the recommendations of the Justice R. M. Lodha Committee has not' been implemented by the HCA. We see no reason, 35 therefore, to non-suit the petitioner, or to dismiss the Writ Petition as not maintainable.

26.|r awritPetitionlrledinlargerpublicinterest,hyper-technical objections have no place. The present application is fi1ed bY the BCCI seeking appointment of an Administrator/ Observer for the HCA during the current IPL 2Ol7 cricket season, to ensure that the eight cricket matchesscheduledtobeheldatHyderaba<ldonotsufferanyformof disruption. The BCCI is presently administered by the Committee of Administrators appointed by the Supreme Court' White the BCCI could have liled a separate Writ Petition for the relief sought for in this application, we see no reason to non-suit them on this ground as' in a Writ Petition filed in public interest, it is the larger public interest which must be safeguarded and hyper technicalities should not disable this Court from acting in furtherance of larger public interest " The facts in Writ Petition No' 34529 of 2024 and 10. Batch are altogether different and the said judgment is not applicable to the facts of the present case' Thus' the submission of karned Senior Counsel for the Respondent that Writ Petition is not maintainable has to fail' Coming to the other aspect that Petitioners are 1 1 . trying to enforce the Rules and Regulations of th.e 2"d Respondent in the Writ Petition and thereby' the Writ Petition is not maintainable is being negatived by this Court in view of reliefs sought in the Writ Petition which are basically challenging the appointments and to furnish the accounts' etcetera, and there is no such relief of specific performance of the Rule and Regulations that is sought' \-- \ i6

12. The other contention that is made on behalf of Respondents is that Petitioners should have approached the Ombudsman under Rule al(l)(a). This s_r,rbmission is rejected in view of the intent and language of Rule and the procedure that needs to be followed. Considering the sensitivity of the issue of appointment of the Ombudsman, this Court is not venturing to deal with the said aspect though there is a strong urge made by learned Senior Counsel for Petitioners. This case needs to be looked from the sequence of events and the procedure that is purported to have been followed in the appointments of Respondents 7 to 16 are not in accordance with Rules and procedure and the said aspect is beyond the scope of adjudication of Ombudsman under Rule 41, however, this Court, in ciear terms, comes to a conclusion that procedure that is contemplated in Rule 41 is not applicable to the Apex Council, as such, the present lis is beyond the scope of adjudication power of the Ombudsman under Rule 41. Hence, this Writ Petition is maintainable and so also for the reason that mere existence of alternative remedy is not a bar for its maintainability. Acts of commission and omission of Respondent No.4 is in blatant violation of the Rules and Regulations of Respondent No.2. ,"t' -../ 37 From the pleadings, documents filed by the

13. contesting parties and Rules and Regulations of the 2nd Respondent, the issues that fall for consideration are: 1) whether in making the appointments of Respondents 7 to L6 by Respondent No.4 on behalf of Respondent No.2 is in accordance with the Rules and Regulations? If not what are the consequences? And 2) Whether the functioning of Respondent No.2 is in compliance with the Rules and Regulations?. For adjudicating Issue No. 1, this Court takes into

14. consideration Delinition of "Apex Council" as defined in Rule i(A)(c) extracted supra. From the language of Rule I(A) (c), "Apex Council" is the principle body of the 2"d Respondent and its role ald powers are stipulated in Chapter -V, Rules 14 and 15. Rule 14(1) envisages that Apex Council of Respondent shall be primarily responsible for the governance of the Respondent. Rule 1(A)(x) Rule l(A)(aa) dehnes "President" and "Secretary" of the 2'd Respondent Association. Rule 7. 1 and Rule 7.3 stipulates powers of the President and Secretary of the 2"d Respondent Association. As mentioned supra, Rule 1(A)(c) and Rule 14.1, shows that Apex Council is the principle body for the administration and functioning of the 2"d respondent Association and President and Secretary being part and parcel of the Apex Council under Rule 14.2 cannot function t ) i8 1(A) (aa), Rule 7.1 and independently and take decisions for and on behalf of 2 ^ (nd) Respondents independently and individually, but shall function rn accordance vr.ith Ruie l(A)(x), Rule Rule 7.2. Chapter -II of the Rules and Regulations clearly- stipulates powers and authorit5r of president and Secretary. A close reading of powers of president and Secretary and that of Office Bearers of the 2"d Respondent Association extracted supra, it is very clear that office bearers of the 2-d Respondent do not have powers to make appointments of any nature in the 2'd Respondent Association, unilaterally and independentiy without the approvar of the Apex counc in which the office bearers are part and parcel. 15. Rule 15 of the Rules and Regulations envisages Powers and functions of the Apex Council, which are wide and applies to al1 spheres of activities and administration of the 2.o Respondent expect the activities of Governing counc which is directly accountable to the General Body. Appointment of Respondent No.7 is made by Respondent No.2 uide Agreement dated 3O.08.2O24. A perusal of the said document reflects that there is no mention as to who is the authorised signatory/representative of the 2-d respondent wh e entering into the agreement. There is no mention about who is the srgnatory to the said document, signed on beharf of the 2nd I I I t 39 Respondent. Purther, there is no official seal and stamp of the 2"d respondent on the said agreement, as that are existing on the appointment letters of Respondents B- to 16, which are signed by Respondent No.4. Respondents have failed to explain these latches on the aforesaid agreement.- Further, from the contents of the said agreement, there is no mention about either consulting the Apex Council before making the appointments of Respondent No.7 which is required from the Apex Council which is the governing body of the 2"d Respondent. In view of the intent and language of Rule 14(1), Apex Council is a body wiiich is having control over the activities and administration of the 2"d Respondent. On this aspect, there cannot be any second line of thinking for any stakeholders of the 2nd Respondent which includes office bearers. From the contents of the agreement dated 3O.O8.2024 entered by the 2na Respondents with the 7th Respondent, there is no mention of deliberating the said issue in the Apex Council meeting in the General Body with the power so granted 2"d Respondent is entering the agreement and so also is the case of appointments of Respondents 8 to 16. Respondents 3 to 6 being the ofhce bearers of the

16. 2"d Respondent are part of the Apex Council' Under all or any circumstances, cannot claim independent power and authority unconnected with the Apex Council and function and I ..^.! 40 administer the affairs of the 2"d Respondent excluding the involvement of the Apex Council as per the Rules of the 2.d Respondent Association L7. This Court is not linding fault with Respondents 7 to 16 in accepting their respective appointments on behalf of the 2"d Respondent. However, the fact remains that the said appointments made on behalf of the 2.d Respondent are not in accordance with the Rules and Regulations of the 2nd Respondent. Thus, though this Court is sympathetic towards Respondents 7 to 16, cannot allow their respective appointments to continue. In view of the discussion made supra, this Court hold that appointments of Respondents 7 to 16 are illegal and are against the Rules and Regulations of the 2"d Respondent. Furthermore, the said appointments were made by a person who is not conferred with any authority either under the Rules and Regulations of 2.d Respondent or under the resolution passed in General Body. The Resolution relied and averred in the Counter filed on behalf of the 2"a Respondent do not show that Respondent No.4 or any person (as per the rrles) is/are authorised or empowered by the General Body, to make the appointments of Respondents 7 to 16.

18. Having considered the Rules and Reguiations of the 2"d Respondent which is discharging public functions, 4t appointments of Respondents 7 to 16 are made unilaterally more so without any power and authority under the Rules and are made without consulting the Apex Council Members and are in direct contravention of the Rules and Regulations of Respondent No.2 Association which mandate to ensure collective governance, strategic oversight and distribution of authority. Other issues that are raised in writ affidavit and in the counter affidavit are not necessary to be dealt with more specificaliy with regard to appointment of Ombudsman. The Writ Petition is allowed and appointmenis of

19. Respondents 7 to 16 are set aside. Respondents 7 to 16 are entitled for their respective honorarium as per their entitlements till this day only for the services rendered. From today, Respondents 7 to 16 are not entitled for any honorarium nor Respondents 2 to 6 are entitled to avail their respective services. The 2"d Respondent shall follow the Rules and procedure as envisaged in'the Rules and Regulations and shall make all such appointments in future by following the Rules. No costs.

20. Since the 2"d Respondent is discharging public functions and public funds are used and involved in day to day administration, amounts paid towards honorarium of Respondent No. 7 to 16 shall be recovered from Respondents I l 12 a No. 3 to 6 lrom their personal accounts and not from the account of the 2"a Respondent.

21. Consequently, Miscellaneous .Applications, if any shall stard closed. / SD/.MOHD. ISMAIL DEPUTY REGISTRAR //TRUE COPYII \ sEcr/&NoFFtcER pepartment, rs Secretariat Buitd ins, To I Il,:Ill:f ql!,::r:j:ry, Sports ^ HyoeraDacl, lelang6p6, State of Telanqana. 2. r he secretarv. Hvderabad cricket Ass-ociation, having its office at Raieev ^ G.andhitnterriatiohatcricr<erSiioiJm,-UpJ;i:Fiffi;;drd, i;i;;s;;;.,'"' 3. The President. The HvrieraOaO Crict<et-Aisotiiii6n nr;u"u c;;dh; - "' ". . hternationat Cricket Stao ium, uppii; Hi;"";;;;: ierrir-glna.-' 4. The Secretarv. The Hvderabdd b'ric(ethiiociition Rajetv Gandhi _ I nternationat C ricket Stad ium, .u[nii, HyJ""rl-tililr"rung, nr. 5. The Treasurer, The Hyderabid bric(eihiiociati;n R;je"ev candhi ^ hternationat Cricket Siadium, Uppii, t-lya;;6;, ieriiganr,- -"' 6. The chief Executive officer, The'r-ryd"rlnJJbiilr,"t Rsioliiiion, naieev Gandh i r nternationar crickei stad iuin, uppi], nvdeia niali"l'iiis;,irl""' Z. 9n" CC to SRt G ADtTyA_G_ouo, arivol5te'1O'eJCl ' B. Two CCs to Gp FOR SPORTS, High Cou.tldr" t'nJ Siate of Tetangana, at 9. 9n" CC to SRt N.GANGADHAR, SC FOR HCA tOpUCl 10.Two CD Copies Hyderabad. IOUTI PSK.,@A, HIGH COURT DATED:0210512025 ORDER WP.No.35139 of 2024 4 7 d , n-- 9F rE4 o 9 ),+ ^\$\\ -t ALLOWING THE WRIT PETITION WITHOUT COSTS