Kerala High Court asks Kerala Cricket Association to respond to plea alleging irregularities in functioning

The Kerala High Court on Wednesday directed the Kerala Cricket Association (KCA) to file its reply to a petition filed by former Kerala cricket players alleging irregularities in the functioning of the KCA..A Bench of Chief Justice S Manikumar and Justice Shajy P Chaly granted the KCA a week's time to respond by way of a counter-affidavit to the petition which alleges that the KCA has been functioning in a manner that is "wholly detrimental to the sport of cricket in Kerala.".The petitioners claim that there has been a systemic decline in the governance of cricket in Kerala under the KCA, whereby the Association has been flouting salutory norms laid down by the Supreme Court-approved Lodha Committee report. ."The Petitioners who have remained uninvolved in the politics behind cricket are now pained at the mismanagement and impact it is having on the game of cricket in Kerala. The Petitioners feel that the reforms brought about in Cricket Administration has been undone to a large extent. The Petitioners are shocked that the mechanisms sought to check the growth of authoritarianism and opacity in functioning under the byelaw has been thwarted", the plea states..Such flagrant violations and procedural improprieties in matters relating to cricket and its finances has a direct bearing on the quality of the sport and the morale of aspirants in Kerala, the petitioners contend. In particular, the following, among other, issues are pinpointed by the petitioners:Non Appointment of CEO: Despite elapse of more than two years, KCA has not appointed a CEO although clause 23 of the KCA byelaws mandates that the day-to-day management of KCA should vest in a full-time CEO (a management professional who is appointed by the Apex Council).Appropriation of functions of Apex the Council: The General body appears to have assumed the unilateral role of governance, in lieu of the Apex Council, the petitioners claim. They add that this is evident from the fact that the Apex Council of KCA has met only 3 times in the past 1 yearDecisions involving high stakes are being undertaken in wholly suspicious manner: Crucial decisions relating to sale of lands and contracts with third parties are taken by the General body without concurrence of the Apex Council, the petitioners state. It is also submitted that the power to operate accounts has been given to the Secretary, Treasurer and CFO, whereas the BCCI byelaws require that this is vested only with the signatories chosen from the professional management team. There appears to be a concerted effort to keep the professional management out, it is argued.KCA accounts have not been audited for the past 4 YearsThere is a Violation of the Transparency Clause: The petitioners pointed to a clause which mandates publication of critical information relating to finances, audit, spending and expenditure. It is contended that not only has there been thorough non-compliance of the same, but the KCA has also surreptitiously introduced a ‘Secrecy Clause’ under Clause 44A which does not find a place in the model byelaws.The Selection committee comprises of unqualified members:The appointment of Ombudsman appears to be at the whims and pleasure of the office of the Secretary of KCA. As such, the neutrality of this Office has come under a cloud, the petitioners say. They also refer to certain unsavoury incidents that occurred surrounding the removal of Justice (retd.) V Ramkumar from the position of ombudsman, who is stated to have claimed on affidavit that his overnight removal was retribution for his orders that displeased certain functionaries of the KCA. Coupled with this, the petitioners has also raised concern over "a bizarre requirement without any legal basis that complaints cannot be made to the Ombudsman directly but should first be sent to the Secretary of KCA."Lack of implementation of reforms at District Level: Fundamental reforms such as for a cooling-off period, cap on terms, transparency requirements do not apply to District Associations in Kerala, the petitioners say. As a result, there are associations where some office bearers have held the same post for over two decades, they add.No uniform by laws for District Cricket Associations in Kerala.In this backdrop, the petitioners have urged the Kerala High Court to direct the KCA to comply with the recommendations of the Lodha Committee, especially, but not limited to, when to comes the appointment of CEO, conduct of audit, functioning of Apex Council etc. direct the Board of Control of Cricket in India (BCCI) to cease the transfer of funds to KCA until it complies with the transparency clause under its byelaws. direct the KCA to made applicable the Lodha Committee recommendations to its district units. direct the KCA to make modify its byelaws to ensure that the appointment and continuance of Ombudsmen remains free from interference by KCA office-bearers..Senior Advocate Joseph Kodianthara and Advocate S Shyam Kumar appeared for the petitioners. .The petition has been moved by former Ranji trophy players, K Ramdas and PT Godwin, PV Manikantan, a former Deodar trophy player, Sreekala S, former Kerala cricket team captain ad founder president of the Veteran Women Cricketers Association and S Padma, a former Kerala State cricket player.