SC refuses to vacate Bombay high court stay on Maharashtra Cricket Association election

New Delhi: Commenting adversely on the large-scale induction of members into Maharashtra Cricket Association (MCA) closer to organisational elections scheduled this year, Supreme Court on Tuesday refused to interfere with the Bombay HC order that had stayed the MCA elections because of grant of hurried and allegedly irregular membership to a large number of persons unrelated to the game. A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said, "In our country, there are hundreds of eminent retired cricketers who have done the country and their states proud with their performances. We would have respected your election-eve membership drive if you had enrolled the ex-cricketers as members."
The bench brushed aside the argument that the late-stage inductions had been supervised by a retired HC judge and said, "Unfortunately, some retired judges agree to lend their services to such unfortunate events." "Unfortunately, you have given membership to those who do not know how to hold a cricket bat. The petitioner is a renowned cricketer who has represented India. In India, outstanding sportspersons must be involved in the management of sports in their respective fields," the bench said. The bench said that from 1986 to 2023, MCA had only 168 members; then, suddenly, from 2023 it decided to go for a bumper draw by enrolling about 400 new members. Ex-cricketer Kedar Yadav had petitioned Bombay HC alleging that admission of so many new members amounted to changing the Constitution of MCA and that businessmen and relatives of office-bearers who had nothing to do with cricket were inducted into the organisation. MCA elections were scheduled for Jan 6.While staying the elections, HC had said, "The Court is entitled to examine the decision-making process, particularly as to how about 400 new members were inducted in the MCA under different categories, in the face of allegations of illegality, arbitrariness and nepotism." Finding the going tough before a bench reluctant to entertain the appeal, senior advocate A M Singhvi agreed to withdraw the appeal and sought liberty to raise every contention before HC, which is scheduled to resume hearing on Yadav's petition on Feb 4. The SC permitted withdrawal of the petition and the raising of pleas before HC on vacation of stay on elections. The HC, while staying the elections, had said that large-scale induction of members just two months prior to announcement of schedule for elections raised prima facie doubt about the procedure adopted by MCA as it would change the complexion of the elections.