Hyderabad Cricket Association Row| Supreme Court Restrains Telangana HC & District Courts From Passing Orders Affecting Single Member Committee
The Supreme Court recently restrained the Telangana High Court and the District Courts from passing any orders in relation to the working of the Single Member Committee which was been constituted by the Top Court for the elections of the Hyderabad Cricket Association. The Court further ordered that if any directions in this regard have already been passed by the High Court or the District...
The Supreme Court recently restrained the Telangana High Court and the District Courts from passing any orders in relation to the working of the Single Member Committee which was been constituted by the Top Court for the elections of the Hyderabad Cricket Association. The Court further ordered that if any directions in this regard have already been passed by the High Court or the District Courts, then they should not be given effect to.
A bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia passed the restraint order allowing an application filed by the Single Member Committee presided over by former Supreme Court judge Justice L Nageswara Rao.
It may be recalled that on August 22, 2022, the Apex Court, taking into consideration the allegations and counter-allegations between the different office bearers of the Hyderabad Cricket Association (HCA), particularly regarding the appointment of Ombudsman and Ethics Officer, opined that it is necessary to constitute a Committee to supervise the management of the affairs of HCA.
Pursuant to this, on February 2, 2023, the Court strongly observed that the impasse must be broken and elections held which was the original objective. It went on to say: “In fact the dispute over Ombudsman came to this Court and in the whole process this matter has continued while the very appointment of Ombudsman was for a period of one year! Now the question is how to ensure that a fair and proper elections are held so that the matter can be put to rest.”
In this backdrop, the Supreme Court appointed former Supreme Court judge Justice L. Nageswara Rao was appointed as the single Member Committee to oversee the HCA elections. It was further noted that it was open to Justice Rao to take assistance of whatever person/authority he so desires. He will fix his own emoluments. The expenses will be borne by the Association.
In the present proceedings, the Court took note of the fact that , in the process of working of the Single Member Committee and in appointing one Mr. Sampath Kumar to assist him in the election process, various parties have been approaching the High Court and seeking different orders.Some proceedings have also been instituted before the District Courts.
The Supreme Court categorically stated that other Courts entertaining applications to interfere with the working of the Single Member Committee was "contrary to the intent of our order to put an end to the mess which was going on".
Thus, while exercising its jurisdiction under Article 142 of the Constitution of India, the Court ordered:
“In our view, no such proceedings could have been initiated at all and if they have any grievance, the only remedy lays before this Court.”
"The result of the aforesaid is that we restrain the High Court and the District Courts from passing any order qua the working of the Single Member Committee and if orders have been passed, the same will not be given effect to", the Court stated.
Brief Background of the Case
The concerned Special leave petition was filed against order of the Telangana High Court dated April 6, 2021. Through the impugned order, the High Court had set aside an order of the Civil Court suspending the Hyderabad Cricket Association’s decision to appoint former Supreme Court Judge, Justice Deepak Verma as ombudsman and ethics officer for the Hyderabad Cricket Association.
Essentially, the Telangana High Court had upheld the appointment of former Supreme Court Judge, Justice Deepak Verma as ombudsman and ethics officer for the Hyderabad Cricket Association.
This had come in a plea filed by Charminar Cricket Club affiliated with HCA challenging the civil court order suspending his appointment. The Charminar Cricket Club and Budding Star Cricket Club are both Cricket Clubs and are members of the HCA.
The High Court had held that there was a clear collusion between the Budding Star Cricket Club and the R.Vijayanand, Secretary of the HCA and both of them did not come to the Court with clean hands and suppressed true facts.
Challenging the order of the High Court, the Hyderabad Cricket Association approached the Supreme Court in 2021. While considering the SLP back in 2021, a bench led by the then CJI NV Ramana had observed that former Supreme Court judge Justice Deepak Verma be asked to not pass any orders as the Ombudsman and ethics officer since his tenure has come to an end. Further, it also observed that the Court will appoint some retired judges of the Supreme Court to handle the matter.