The Allahabad High Court has dismissed a petition seeking a Central Bureau of Investigation inquiry into the Board of Control for Cricket in India’s affiliation and financial support to the Uttar Pradesh Cricket Association, ruling that it will not intervene in a controversy rooted in events from over two decades ago.
A division bench comprising Justice Atul Sreedharan and Justice Siddharth Nandan issued the order on August 3, declining to issue directions for a federal probe, a ban on state cricketing activities, or the formation of a high-level committee. The court characterized the matter as essentially a private disagreement over the property succession of a dissolved society.
Court Dismisses Challenge To Two-Decade-Old Transition
The legal challenge, brought by an organization named The Cricket Association of Uttar Pradesh, targeted the 2005 reorganization of the former Uttar Pradesh Cricket Association. The original body, registered under the Societies Registration Act of 1860, had dissolved itself and transferred its functions, assets, and liabilities to a newly formed company under Section 25 of the Companies Act, 1956.
In its ruling, the high court emphasized that the transition occurred after more than three-fifths of the original society’s members approved a dissolution resolution on September 3, 2005. The justices noted that the resolution had remained unchallenged for nearly 21 years and that no property disputes were submitted to a competent civil court at the time. Furthermore, previous litigation before both the Allahabad and Delhi High Courts had proceeded on the premise that the former society had successfully incorporated as a corporate entity.
Petitioner Claims Illegal Dissolution And Asset Misuse
The petitioner argued that the 2005 dissolution violated statutory provisions under Section 13 of the Societies Registration Act, asserting that the state government’s prior approval was mandatory because public funds had been provided to the society. Seeking the transfer of all assets to itself, the petitioner asked the court to halt UPCA’s cricketing operations, investigate alleged asset misuse through the CBI, and evaluate whether current office-bearers were occupying positions in violation of Supreme Court governance mandates.
Opposing the petition, representatives for the BCCI and the UPCA maintained that the 2005 restructuring adhered fully to the law. They emphasized that UPCA has continuously functioned as the official cricket governing body in the state, successfully implemented the Lodha Committee reforms ordered by the Supreme Court, and maintained full voting privileges within the BCCI.
Bench Finds No Legal Grounds To Reopen Dispute
Addressing the petitioner’s arguments, the bench concluded that the state government failed to demonstrate any financial contribution or direct interest in the former society, rendering government consent unnecessary for its dissolution. The court also clarified that Section 13 of the Societies Registration Act does not prohibit transferring a society’s assets to a company registered under the Companies Act.
Observing that significant time had passed without any effective challenge since the deputy registrar was informed of the dissolution in 2005, the court declared that the long-standing situation required finality. The bench additionally declined to issue a writ of mandamus directing the BCCI to reassign liabilities to the petitioner.
While dismissing the writ petition, the court noted that grievances regarding the internal affairs of the company could be brought before the National Company Law Tribunal. It added that the petitioner remains at liberty to seek BCCI recognition through standard procedures or engage state authorities on matters pertaining to cricket development.
