IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. OF 2018 In the matter of Article 226 of the Constitution of India AND In the matter of the management of the affairs of the Mumbai Cricket Association. AND In the matter of the breach of recommendations of the Lodha Committee report dated 28th December, 2015 accepted by the Supreme Court of India in Civil Appeal No. 4235 of 2014 in Order dated 18th July, 2016. AND In the matter of failure to conduct election of the Managing Committee of Mumbai Cricket Association. ANDD In the matter of illegally organizing the T20 Mumbai League Nadim Memon, an adult Indian Inhabitant, ) 1 Occupation:- business having his address at ) 22, Rustom Sidwa Marg, Fort, ) Mumbai- 400 001 ) … Petitioner Vs. 1) Mumbai Cricket Association, a Public ) Trust registered under the ) provisions of Bombay public trust ) Act 1950 as also a Society registered ) under the provision of the Societies ) Registration Act,1860 having its office ) at Cricket Centre Wankhede Stadium, ) Churchgate, Mumbai-400 020 ) 2) Wizcraft International Entertainment ) Pvt. Ltd., a company registered ) Under the Companies Act, 1956 ) Having its registered office at ) Satyadev Plaza, 5th Floor, Fun ) Republic Lane, Off. New Link Road, ) Behind Bhagwati House, ) Andheri (West), Mumbai – 400053 ) 3) India Infoline Ltd. (IIFL) ) a company registered ) Under the Companies Act, 1956 ) Having its registered office at ) IIFL House Sun Infotech Park, ) Road No.16V, Plot No.B-23 Thane ) Industrial Area,Wagle Estate, ) Thane-400604 ) And Corporate Office at IIFL Center ) Kamala City, Senapati Bapat Marg, ) Lower Parel (West), Mumbai-400013 ) 2 4) Probability Sports India Pvt. Ltd. ) A company registered under the ) Companies Act, 2013 having its ) registered office at ) IIFL Centre, Kamala City, Kamala ) Mill Compound Senapati Bapat ) Marg, Lower Parel Mumbai 400013 ) 5) Charity Commissioner, Maharashtra ) Mumbai, 3rd floor,83,Dr.Annie Besant ) Road, Worli, Mumbai- 400 018. ) 6) Board of Control for Cricket in India ) A society registered under the ) Tamil Nadu Societies Registration Act ) having its office at 4th Floor, ) Cricket Stadium Wankhede ) Stadium, Churchgate, ) Mumbai 400 020 ) 7) Adv. Ashish Shelar, ) An adult Indian Inhabitant ) Occ:Advocate , the President of ) Mumbai Cricket Association Having ) Address at Cricket Centre Wankhede ) Stadium, Churchgate, ) Mumbai-400 020 ) 8) Vinod Deshpande ) An adult Indian Inhabitant ) Occ: unknown, the Vice President of ) Mumbai Cricket Association Having ) Address at Cricket Centre Wankhede ) Stadium, Churchgate, ) Mumbai-400 020 ) 9) Pankaj Thakur ) 3 An adult Indian Inhabitant ) Occ: unknown, the Vice President of ) Mumbai Cricket Association Having ) Address at Cricket Centre Wankhede ) Stadium, Churchgate, ) Mumbai-400 020 ) 10) Nitin Dalal ) An adult Indian Inhabitant ) Occ: unknown, the Treasurer of ) Mumbai Cricket Association Having ) Address at Cricket Centre Wankhede ) Stadium, Churchgate, ) Mumbai-400 020 ) 11) P. V. Shetty ) An adult Indian Inhabitant ) Occ: unknown, the Jt. Secretary of ) Mumbai Cricket Association Having ) Address at Cricket Centre Wankhede ) Stadium, Churchgate, ) Mumbai-400 020 ) 12) Prof. Dr. Unmesh Khanvilkar ) An adult Indian Inhabitant ) Occ: unknown, the Jt. Secretary of ) Mumbai Cricket Association Having ) Address at Cricket Centre Wankhede ) Stadium, Churchgate, ) Mumbai-400 020 ) 13) Arman Mallick ) An adult Indian Inhabitant ) Occ: unknown , the Managing ) Committee member of ) Mumbai Cricket Association Having ) 4 Address at Cricket Centre Wankhede ) Stadium, Churchgate, ) Mumbai-400 020 ) 14) Mr. Navin Shetty ) An adult Indian Inhabitant ) Occ: unknown , the Managing ) Committee member of ) Mumbai Cricket Association Having ) Address at Cricket Centre Wankhede ) Stadium, Churchgate, ) Mumbai-400 020 ) 15) Arvind Kadam ) An adult Indian Inhabitant ) Occ: unknown , the Managing ) Committee member of ) Mumbai Cricket Association Having ) Address at Cricket Centre Wankhede ) Stadium, Churchgate, ) Mumbai-400 020 ) 16) Deepak Patil ) An adult Indian Inhabitant ) Occ: unknown , the Managing ) Committee member of ) Mumbai Cricket Association Having ) Address at Cricket Centre Wankhede ) Stadium, Churchgate, ) Mumbai-400 020 ) 17) Pravin Amre ) An adult Indian Inhabitant ) Occ: unknown , the Managing ) Committee member of ) Mumbai Cricket Association Having ) 5 Address at Cricket Centre Wankhede ) Stadium, Churchgate, ) Mumbai-400 020 ) 18) Shrikant Tigdi ) An adult Indian Inhabitant ) Occ: unknown , the Managing ) Committee member of ) Mumbai Cricket Association Having ) Address at Cricket Centre Wankhede ) Stadium, Churchgate, ) Mumbai-400 020 ) 19) Shahalam Shaikh ) An adult Indian Inhabitant ) Occ: unknown , the Managing ) Committee member of ) Mumbai Cricket Association Having ) Address at Cricket Centre Wankhede ) Stadium, Churchgate, ) Mumbai-400 020 ) 20) Ramesh Vajge ) An adult Indian Inhabitant ) Occ: unknown , the Managing ) Committee member of ) Mumbai Cricket Association Having ) Address at Cricket Centre Wankhede ) Stadium, Churchgate, ) Mumbai-400 020 ) 21) Ganesh Iyer ) An adult Indian Inhabitant ) Occ: unknown , the Managing ) Committee member of ) Mumbai Cricket Association Having ) 6 Address at Cricket Centre Wankhede ) Stadium, Churchgate, ) Mumbai-400 020 ) 22) State of Maharashtra ) Through the Government Pleader ) … Respondents TO, THE HON’BLE CHIEF JUSTICE AND OTHER PUISNE JUDGES OF THIS HON’BLE COURT THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED 1. The petitioner is a citizen of India and an adult Indian inhabitant having his address as mentioned in the cause title. The Petitioner is the representative of the Muslim Sports Club in the General Body of the Mumbai Cricket Association. 2. Respondent No.1, Mumbai Cricket Association (“MCA”) is a Public Trust registered under the Maharashtra Public Trusts Act and a Society registered under the Societies Registration Act, 1860. Respondent No.1 is one of the State Cricket Associations, in which capacity it is a permanent member of the Board of Cricket Control of India. Respondent No.1 is the apex body in Mumbai entrusted with the authority of controlling and regulating the sport of Cricket in Mumbai, Greater Mumbai and Thane districts. Respondent No.1 is performing a public function and is therefore amenable to the Writ Jurisdiction. The Working of the Respondent No 2 is governed by “Memorandum of Association” Rules and Bye-Laws. Hereto annexed and marked as Exhibit “A” is a copy of the Memorandum of Association and rules of Respondent No.1. 7 3. Respondent Nos.2 and 3 are companies registered under the Companies Act, 1956 having their respective registered address as mentioned in the cause title. Respondent No.4 is a company registered under the Companies Act, 2013 having its registered office as mentioned in the cause title. Respondent No.4 is said to be a special purpose vehicle of Respondent Nos.2 and 3 to plan, market and execute T20 Mumbai League “T20 Mumbai League” in its entirety. 4. Respondent No.5 is a statutory authority under the Maharashtra Public Trusts Act and is empowered to exercise control over registered public trusts in the city of Mumbai. 5. Respondent No.6 is the Apex Body for the control of Cricket in India. No Cricket League can be conducted by the State Cricket Associations anywhere in India without the prior approval of Respondent No.6. 6. Respondent Nos.7 to 12 are adult Indian inhabitants having their address as mentioned in the cause title. Respondent Nos.7 to claim to be the office bearers of Respondent No.1. 7. Respondent Nos.13 to 21 are adult Indian inhabitants having their address as mentioned in the cause title. Respondent Nos.13 to 21 claim to be the managing committee members of Respondent No.1. 8. The Petitioner has filed the present Writ Petition being aggrieved by the gross violations committed by the Committee Members and Office Bearers of Respondent No.1 of the recommendations in the Lodha Committee Report filed with the Hon’ble Supreme Court of India which has resulted in their holding over as the office bearers and committee members despite expiry of their term solely to facilitate third parties to earn exponential profits using the position and authority of MCA. 9. The facts germane to the present Petition are as under: 8 i. Mumbai Cricket Association (Respondent No.1) formerly known as Bombay Cricket Association was established in 1930 and is the governing body for cricket in Mumbai, Greater Mumbai and Thane districts. The jurisdiction of MCA includes the area up to Dahanu in the Western Suburbs, Badlapur in the Central Suburbs, and Navi Mumbai up to Kharghar. Respondent No.1 is also a permanent member of the Board of Control for Cricket in India (Respondent No. 6 herein) ii. As a permanent member of Respondent No.6, Respondent No.1 is entitled to receive disbursements form Respondent No.6 for the purpose of promotion and development of the sport of cricket in the area within the jurisdiction of Respondent No.1. The Respondent No.1 Association until the year 2016 was receiving disbursements to the extent of Rs.30 Crores per year from Respondent No.6. iii. It is pertinent to note that BCCI had received nearly Rs.2500 crores towards compensation on account of termination of Champions League T20 out of which BCCI had disbursed an amount of Rs.1500 crores towards taxes and other liability leaving a net amount of Rs.1036.78 crores with it. In terms of a decision taken in the AGM held on 9th November,