AI Structured Summary
Not yet generated for this judgment
Judgment
The writ petition is listed on an application filed on 3.8.2018. It is with a prayer to take documents on record and stay the proceedings initiated by the
Registrar, Societies.
Mr RP Singh, learned counsel appearing for respondent No.2 submits that pursuant to the directions of this court, one Annual General Meeting
(AGM) was held limited to discuss one issue. After the aforesaid, Indian Premier League (IPL) could be conducted after a tripartite agreement
between the BCCI, RCA and the franchise of the IPL.
In the IPL, RCA had incurred amount on maintenance and renovation of SMS Stadium, Jaipur and the BCCI, on behalf of the RCA, paid the dues
of electricity to the Rajasthan State Sports Council (for short ‘the Council’) The contract for maintenance and renovation of the stadium was
given after inviting tenders.
The allegations have been made against the contract given for maintenance and renovation of SMS Stadium. The respondent No.2-RCA wants to
submit accounts after approval of the AGM thus liberty may be given to hold AGM for the aforesaid as otherwise the accounts were lying under lock
and key in the room allocated to the RCA in the SMS Stadium. Due to the expiry of the period of Memorandum of Understanding (MoU) between the
RCA and the Council, the possession of the stadium was taken by the Council.
The Registrar, Societies is causing an enquiry into the matter without submission of the accounts after approval in the AGM. It may have serious
consequences thus the prayer made in the application may be allowed.
The application has been opposed by other parties. It is stated that when entire matter is before the court, let it be heard finally with appropriate
directions, which may serve the interest of players.
At this stage, Mr Angad Mirdha, learned counsel for BCCI, submits that due to certain disputes in the RCA, representation of the players of the State
in different formats of cricket tournament may be adversely affected. The stadium has been taken over by the Council though it would be required for
arranging cricket matches in different formats. The prayer is to direct the Council to allow the BCCI to use the stadium on nominal payment for it.
The expenses so incurred would be then accounted towards RCA’s account and a separate account would be kept for it. It is further prayed
that till the matter is heard or dispute is resolved within the RCA, let the players of the State of Rajasthan may be represented in different formats
of cricket tournaments at national level. The selection of the players by the Selectors may be allowed with the previous arrangement. It is, however,
submitted that even certain changes in the Selectors and others may be required looking to their age for which they would move a separate
application.
I have heard learned counsel for the parties.
The petition is listed on an application filed on 3.8.2018 in reference to the notice given by the Registrar, Societies to examine the accounts.
Since the litigation is pending before this court and under directions of this court, the State is being represented in domestic cricket tournaments, I am
of the opinion that till the matter is heard finally, let the arrangements made earlier in CW 9560/2014 be continued. The selection and the
representation of the teams of Rajasthan would be in the same manner as was directed earlier. It may, however, be subject to certain changes in
Selectors or others, if so required. The dispute in the RCA and pendency of the litigation should not affect the players or the sports.
The Council would allow the BCCI to use the SMS Stadium for arranging domestic and international cricket matches on the payment of nominal
amount. The Council would accordingly maintain the stadium, as otherwise, recently, it has been renovated and maintained by the RCA for IPL
matches. If any shortcomings are found in maintenance of the stadium, BCCI would be at liberty to do it at their own after accounting it towards the
RCA account by maintaining a separate account for it.
Since the matter needs urgent hearing, let these matters be listed on 31.8.2018 for final arguments.
If this court comes to the conclusion that the dispute within the RCA is affecting cricket in the State, appropriate arrangements would be made in the
interest of the sport. The directions for monitoring of the accounts can be given by the Accountant General or his nominee. It would be in the same
manner as has been done in other Cricket Associations and the BCCI, where accounts are monitored by the nominee of the Comptroller & Auditor
General of India (CAG).
In the meanwhile, if the Registrar, Societies proceed in the matter, it would remain subject to outcome of this petition. The RCA would be at liberty to
appear before the Registrar and, based on the record seized by him, to justify the expenses and, accordingly, the Registrar would allow the RCA to
present their case in reference to the accounts of IPL and, for that, to have excess to the accounts.