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W.P.Nos.29290 and 29306 of 2022 and W.M.P.Nos.28583, 28584, 28608 & 28609 of 2022 R. SURESH KUMAR, J. Mr.P.R.Raman, learned Senior Counsel for Mr.C.Seethapathy learned counsel takes notice for the second respondent TNCA in W.P.No.29290 of 2022. Mr.K.Tippu Sulthan, learned Government Advocate takes notice for the 1st respondent and Mr. Mr.P.R.Raman, learned Senior Counsel for Mr.C.Seethapathy learned counsel takes notice for the 3rd respondent in W.P.No.29306 of 2022. Heard Mr.M.Maharaja for Mr.S.Senthil Kumar in W.P.No.29290 of 2022 and Mr.G.Murugendiran for Mr.Jothi Kumar in W.P.No.29306 of 2022, learned counsel appearing for the petitioners submit that, the electoral college for the election to be conducted for the respondent Tamil Nadu Cricket Association (TNCA) to elect the office bearers of the TNCA for the next three years consists of three categories.

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W.P.Nos.29290 and 29306 of 2022 and W.M.P.Nos.28583, 28584, 28608 & 28609 of 2022 R. SURESH KUMAR, J.

Mr.P.R.Raman, learned Senior Counsel for Mr.C.Seethapathy learned counsel takes notice for the second respondent TNCA in W.P.No.29290 of 2022. Mr.K.Tippu Sulthan, learned Government Advocate takes notice for the 1st respondent and Mr. Mr.P.R.Raman, learned Senior Counsel for Mr.C.Seethapathy learned counsel takes notice for the 3rd respondent in W.P.No.29306 of 2022.

  1. Heard Mr.M.Maharaja for Mr.S.Senthil Kumar in W.P.No.29290 of 2022 and Mr.G.Murugendiran for Mr.Jothi Kumar in W.P.No.29306 of 2022, learned counsel appearing for the petitioners submit that, the electoral college for the election to be conducted for the respondent Tamil Nadu Cricket Association (TNCA) to elect the office bearers of the TNCA for the next three years consists of three categories.
  • First Category – There are number of city cricket clubs. Each club is represented by one vote.
  • Second Category – There are some District Level Clubs and each district level club is represented by one vote.
  • Third Category – Some former international cricketers or reputed individuals would be indicated as voters.
    1. The electoral college consists of the above three categories. Election

Officer has to be appointed and as per the directive of the Hon’ble Supreme Court, only the former or retired State Election Officer shall be appointed.

Accordingly, the fourth respondent, who is a retired or former State Election Officer has been appointed as Election Officer.  The election notification has been issued on 14.10.2022 and the election is scheduled to be conducted on 05.11.2022 at 11.00 A.M.

  1. At this juncture, these two writ petitions have been moved. One writ petitioner is contesting for the post of Joint Secretary and another writ petitioner is contesting for the post of President. It is for them to contest and if they are able to muster the strength, it is for them to do so.
  2. However, they raise the point before this Court stating that the person other than one of the petitioner herein who is also contesting the election for the Presidentship of the TNCA is concerned, he belongs to Villupuram District Cricket Association (VDCA), which is one of the member of the TNCA. Therefore, that association can represent with one vote.  The person who has been named to represent the said VDCA is one S.Ramanan. Therefore, if at all anybody is to contest for the TNCA election on behalf of the VDCA, who is none other than the said S.Ramanan and nobody else.

Therefore, it is contended by the learned counsel for the petitioners in both the cases that, the individual one Dr.Ashok Sigamani, 5th respondent in W.P.No.29306 of 2022 belongs to the said VDCA since is contesting for the TNCA election to be conducted tomorrow for the Presidentship, it is not proper. Therefore, he is not an eligible person to contest and the said S.Ramanan, if at all has to to contest in the election, he can contest for any office bearer post on behalf of the VDCA.  Therefore, the contest made on behalf of the VDCA by the said individual is against the bye-laws and the list of persons who represent the various cricket associations published in this regard by the TNCA. This is one of the main grounds raised by the petitioners.

  1. That apart, some other grounds have also been raised by the learned counsel for the petitioners for stalling the election which is slated to be conducted tomorrow.
  2. I have heard Mr.P.R.Raman, learned Senior Counsel for Mr.C.Seethapathy learned counsel for the TNCA, who submits that each cricket association, may be a City Cricket Club or District Cricket Club, will represent the said Club to the TNCA as one vote, like that Villupuram District Cricket

Association (VDCA) will also have one vote which can be cast on behalf of the VDCA  person to be nominated by the said Club or Association and accordingly the said S.Ramanan has been nominated to cast the vote on behalf of the Association ie., VDCA.

  1. Therefore, it does not mean that the said S.Ramanan only can contest for any post in the election to be conducted by TNCA, but on behalf of any cricket club, either may be a District Club or City Club or even an individual, anyone can contest, and that one who has to contest can be decided by the concerned club or association. Suppose if two persons want to contest on behalf of the club, then there will be a conflict. Here it is not the case. Only one person is contesting on behalf of the VDCA.  Therefore, there can be no impediment for the said arrangement.  Hence, the ground as alleged by the learned counsel for the petitioner, on the prima facie case as discussed above, is untenable as of now for having a successful challenge of election to be conducted tomorrow.
  2. In that view of the matter, this Court is inclined to pass the following interim order.
  • Let the election as scheduled for the TNCA Office Bearers to be conducted on 05.11.2022 at 11.00 A.M shall go on. The results also can be announced by the Election Officer if the election is conducted perfectly.
  • However, the election of Office Bearers is subject to the outcome of the decision in these writ petitions.
    1. The respondents who are represented by counsel shall file their counter. Notice to the other respondents returnable by two weeks. Post the matter after two weeks.

04.11.2022

KST

Note : Issue order copy today (04.11.2022)

  1. SURESH KUMAR, J. kst

W.P.Nos.29290 & 29306 of 2022

 

04.11.2022

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