HYDERABAD: Justice (retd) Nisar Ahmad Kakru on Friday stated that the Supreme Court has not stayed the process of election in the Hyderabad Cricket Association and therefore, the note issued by Anjani Kumar and Vanka Pratap on December 16, on behalf of the supervisory committee, would amount to violation of the SC order.
Justice Kakru stated that deliberation by one or two or three members on behalf of the four-member supervisory committee may amount to wilful violation of the SC order. "In that view a meeting in absence of even one member of the committee cannot be construed to be a meeting of the Supervisory committee and any decision by one or two or three is invalid ab-initio, consequently incapable of implementation. As far as the stay on the election process is concerned, I am not a party to it and I don’t subscribe to it at all,” he stated in a 24-page letter written to other members of the supervisory committee.
Justice Kakru said Pratap had declared the December 11 SGM unauthorized just a day prior to the meeting. "On what ground, nothing is stated by him in his email dated 10.12.2022," writes Kakru. This was followed by a letter by Pratap on December 12 declaring the resolution of the SGM choosing V Sampath Kumar as election officer as invalid.
Kakru said the committee lacks the power to stay the process of appointment of the election officer and process of election. "The High Court has not directed the supervisory committee to pass orders according to its sweet will but has bound it down to look into complaints of the petitioner in accordance with the directions of the Supreme Court. Fact remains that the Supreme Court has not stayed the process of election and has not authorized the supervisory committee to withhold the process of election until completion of the inquiry entrusted to it.
“...thwarting the election process which is overdue is a sheer abuse of power therefore, not within the competence of the supervisory committee to declare the (SGM) notice invalid, much less by two members, to which I refused to be party by not attending the meeting,” he said.
He said SL Venkatapathi Raju continued to be a member of the panel but he had no information as to why he didn't sign the December 16 communication.
Kakru also said the panel has no mandate to 'clearing the electoral rolls'. “A plain reading thereof would reveal that the supervisory committee is invested with the power to supervise the management of the HCA and that points out that the management of the HCA is in the hands of the HCA and not in the hands of the supervisory committee.”
Regarding the multiple/GHMC clubs and representation to 33 districts, he said: "…it is a serious matter which calls for a probe and with regard to the mode and method of the probe, my stand has been that it has to be by due adherence to the HCA bye-laws.”
He also expressed anguish at the number of complaints received from players, parents and other stakeholders about wrongdoing in selection of HCA teams this season.
On HCA CEO Suneel Kante's representation, Kakru said denying him access to his room was violation of the HC order. He said the SC did not subject the orders of the HC for rectification by the committee.
