HCA says ‘Jan 17 election’ is illegal

Hyderabad Cricket Association has challenged in the Vacation court of High Court in the form of revision petition.

By Author   |   Published: 11th Jan 2017   9:21 am

Hyderabad: Even though it was the last day for filing of nominations on Tuesday for the January 17 elections as ordered by Vth Additional Districts & Sessions Judge, Ranga Reddy District, the Hyderabad Cricket Association (HCA) insisted that this exercise was an illegal one. “It was obtained by fraud and it goes against the judgement of Supreme Court,’’ said Adnan Mehmood, vice-president of the association.

John Manoj, secretary, further said it is only Central election commission or State Election Commissioner that has to conduct the elections. In the event that no such person is available, any former State Election Commissioner, preferably from a neighbouring State may be appointed.

But in this case, according to Mehmood, the appointment of an advocate is a blatant violation of Supreme Court. “You cannot usurp the power of election commission. That is clear in the judgment.’’

According to Manoj, the HCA is always represented by the secretary. “But here the order passed by Vth Additional Districts & Sessions Judge, Ranga Reddy District, in appointing an Advocate Commissioner to conduct elections to the HCA appears to be in contravention of Supreme Court judgement. Prakash Chand Jain has filed a Vakalat on behalf of HCA illegally and unlawfully and given his consent wrongly for conducting the elections.

“As per the Memorandum, Rules & Regulations of the HCA, it is the Hon secretary who can represent the HCA,’’ said Manoj.

Mehmood said the whole procedure in announcing this election was all wrong. “A fraud was played on the court by a supposed ad-hoc committee which has no place in our memorandum. In fact, it has no place in Lodha Committee recommendations. There is no such provision in Societies Act about the ad-hoc committee,’’ he added.

Mehmood questioned how can HCA be represented by an Ad-hoc committee? “Interestingly, ad-hoc committee is respondent No.1 and Ad-hoc Committee respondent No.2. Then another interesting part, no summons were served to HCA and there was personal notice. In the personal notice, Prakash Chand Jain, the suspended member, filed a Vakalat on behalf of both.’’

Mehmood said Jain gave the consent that he has no objections for the elections to be held. “The Court said since the petitioner is not objecting and the association is not responding and let the election be conducted. This was obtained by fraud and it goes against the judgment of Supreme Court. The ad-hoc also filed a memo where the police assistance can be given to this election officer.’’

Manoj also disclosed that HCA has challenged in the High Court in the form of revision petition. “We are questioning the illegality in the court. It will come up on Wednesday in the Vacation court of the High Court.’’

Both Manoj and Mehmood said that they have been writing to the Justice Lodha Committee and they were waiting for further orders. “One has to wait till January 19 for the new administrators to be appointed. If the State association goes further into the matter it can fall foul of the recommendations of the Lodha Committee and the judgement of the Supreme Court.’’

The game plan was make use of the of Sankranthi vacations, according to Mehmood. “The copies of the letter came on January 6 and 7. They made sure everything is closed and filed it within two days. They fixed January 17 as election date, the day when courts open after vacations. Basically it is all fraud. It is very unfortunate.’’

Manoj also clarified that the One-off Test between India and Bangladesh, to be held here from February 8 to 12, will be conducted by the HCA. “As it stands today, this body will conduct it.’’