Ind vs. NZ ODI Match| 'PIL Based On News Report Not Maintainable': MP High Court Junks Plea Alleging Illegality In Sale Of Tickets

The Madhya Pradesh High Court (Indore Bench) last week dismissed a Public Interest Litigation (PIL) plea filed before it alleging that illegality and fraud has been committed in the sale of tickets for the 3rd ODI Cricket Match between India and New Zealand to be played on January 24 in Indore.

Observing that a PIL on the basis of newspaper reporting is not maintainable, a Bench comprising of Justice Sushrut Arvind Dharmadhikari and Justice ‪Prakash Chandra Gupta rejected the plea filed by one Rakesh Yadav by imposing a cost of Rs. 25K on him to be deposited before the High Court Legal Services Committee, Indore within a period of 30 days.

The case in brief

Essentially, Yadav had moved the High Court seeking conduct of the match under the observation of an Independent Authority/Tribunal/Retired Justice of the High Court alleging that illegality, fraud, and tax evasion had been committed by the respondent no.2-M.P. Cricket Association through its officers.

It was his case that the fraud had been committed by highly influential persons with the intention to put the public exchequer at loss. He also submitted that huge black marketing of tickets had taken place as the entire 28,000 tickets were sold within three minutes.

He further claimed that the image of cricket has been maligned and the citizens/sports enthusiasts have been deprived of the pleasure of watching live cricket in the stadium, particularly looking to the fact that the tickets are being black marketed.

On the other hand, the State Cricket Association, through a Senior Counsel informed the Court that the PIL plea had been filed only on the basis of one newspaper cutting by a local eveninger accompanied with certain unsubstantiated and irrelevant emails sent by the petitioner to the State Government alleging irregularities in the working of respondent no.2.

The association also filed a balance sheet finally audited by a Chartered Accountant to show that no financial irregularities have been committed by respondent no.2. It was also submitted that all the taxes have been paid to the Municipal Corporation from time to time.

Against this backdrop, questioning the credentials of the petitioner, the association prayed for the dismissal of the PIL plea.

Court's observations

Taking into account the averments in the PIL plea and response submitted by the respondent, the Court, at the outset, observed that though the petitioner claimed to be a public-spirited person, socio-political worker, sports enthusiast, etc. however, he did not file any documents whatsoever to show his bonafide.

The Court further noted that a detailed reply had been filed by the state cricket association with supporting documents to show that the taxes have been paid from time to time and all the mandatory compliance have been made.

"From a perusal of the reply, it is seen that tickets were sold for more than three days. The PIL has been filed by the petitioner without verifying the authenticity of the allegations leveled against the respondents and that too without any supporting documents."

In view of this, underscoring that the PIL plea had been for the purpose of gaining popularity and that PILs based on newspaper reporting are not maintainable, the Court dismissed the same with a cost of Rs. 25K. 

Case title -  Rakesh Yadav vs. State of Madhya Pradesh and others [WRIT PETITION No. 1044 of 2023]

Case Citation: 2023 LiveLaw (MP) 11

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