9 Oct 2023 2:42 PM GMT
Former Indian cricket captain Mohammed Azharuddin filed an application in the Supreme Court challenging the removal of his name from the Hyderabad Cricket Association (HCA) voters’ list by Single Member Committee (constituted by the Apex Court for the elections of the HCA).
However, the Court did not pass any order in favour of Azharuddin today and adjourned the matter till October 31. The HCA elections are scheduled to be held on October 20.
The Bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, was not inclined to interfere with the voter’s list that has already been finalised.
The Committee (presided over by former Supreme Court judge Justice L Nageswara Rao) had struck off Azharuddin’s name on the basis of a letter submitted by Deccan Blues Cricket Club, which mentioned Azharuddin’s name as President of Deccan Blues Cricket Club. However, Azharuddin claimed the same document to be forged.
In order to draw a proper background it is important to understand that Justice Rao in order dated 31 July, 2023, barred existing executive committee members of certain clubs, including Deccan Blues Cricket Club, on the ground of them being in conflict of interest with each other.
This led to Azharuddin’s disqualification from the HCA elections which are scheduled to be held on October 20th.
Court Room Exchange
To begin with, Senior Advocate Kapil Sibal, appearing on behalf of Azharuddin, submitted that his client’s name has been excluded by the Committee on the ground that he happens to be a president of Deccan Blues Cricket Club.
At this, Justice Kaul inquired: Did you approach the Committee?
Sibal swiftly replied in affirmative.
Sibal averred that his client is a life member of the BCCI and at the time the impugned document was produced he had no knowledge and was given no notice. “The official records say that I am not the President (of the Deccan Blues).”
Justice Dhulia then asked, "So, somebody wanted to out you and they forged this?". Sibal answered in the affirmative.
Counsel, appearing on behalf of the Committee, said, "The letter filed by Mr. Man Singh (Deccan Blues Cricket Club secretary) was filed pursuant to the communication issued by Mr. Azharuddin in his capacity as President."
Sibal underscored that Azhar is an international cricketer and a lifetime BCCI member. "This is not fair. You can't deprive me," Sibal urged.
Justice Kaul remarked, "The idea is that the same people in some form or the other wanted to perpetuate themselves either through themselves or family members....".
"Let somebody else come in. Today it is a question of upsetting something which we wanted to be carried out. We don't want to do it at the behest of Mr.Azharuddin or anybody else," Justice Kaul added.
Sibal said that the schedule won't be upset as the date for filing of nominations has not come. Justice Kaul disagreed, "The voters list has been finalised. You will be adding to it."
"I am a life time member. That can't be taken away." Sibal reiterated. "I am not disturbing the schedule. I should be entitled to file the nominations." he added. Justice Kaul however repeated that further insertions into the final voters list can't be done. The Committee's member clarified that the disqualification of Azharuddin occurred because he was the President of another Club.
"So irrespective of which category of member you are, whether lifetime or not, once you are disqualified, you are out," said Justice Dhulia. When Sibal said that Azhar has no knowledge about the Presidentship of another Club, Justice Kaul said, "It doesn't seem that innocent."
Ultimately, the bench directed the application to be listed on October 31, without passing any orders.
Brief Background
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.
Thus, in this backdrop, the Supreme Court appointed former Supreme Court judge Justice L. Nageswara Rao 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. Accordingly, Mr. Sampath Kumar was appointed to assist him in the election process.
Previously, the Top Court restrained the Telangana High Court and the District Courts from passing any orders in relation to the working of the Single Member Committee. 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. Moreover, it was also recorded that the only remedy lays before the Apex Court.
Case Title: Hyderabad Cricket Association v. Chairman Cricket Club And Anr. SLP(C) No. 6779/2021