Supreme Court Allows Appeal in Kerala Cricket Association Bye-laws Matter, Quashes Harsh Rejection and Blacklisting. High Court Erred in Rejecting Writ Petition on Grounds of Unclean Hands When Appellant Had Plausible Case of Non-Transparency in Ombudsman Proceedings.

The litigation involved a challenge to the Ombudsman cum Ethics Officer's order rejecting an original application for framing model bye-laws for district cricket associations under the Kerala Cricket Association, and a subsequent life ban imposed on the appellant.

The appellant sought to quash the Ombudsman's order dated 3 October 2020, set aside the blacklisting order dated 22 August 2021, and revive his original application for fresh consideration.

The Ombudsman's proceedings were allegedly non-transparent; the appellant was not made aware of directions to implead District Cricket Associations and was denied copies of the orders despite requests; the High Court dismissed his writ petition on the ground of unclean hands.

The Single Judge of the High Court dismissed Writ Petition (Civil) No. 28478 of 2020 on 27 January 2021; the Division Bench dismissed Writ Appeal No. 413 of 2021 on 21 June 2021, affirming the Single Judge's order.

Whether the High Court erred in dismissing the writ petition on the ground of concealment and unclean hands? Whether the proceedings before the Ombudsman were in violation of principles of natural justice? Whether the blacklisting order passed by the KCA was valid?

The appellant contended that the proceedings before the Ombudsman were non-transparent; he was not made aware of the directions to implead the District Cricket Associations and was denied copies of the orders despite requests. The respondents contended that the appellant had failed to comply with the Ombudsman's directions for impleadment and had approached the High Court with unclean hands by concealing material facts.

The High Court took a harsh view in rejecting the writ petition on the ground of concealment of material facts; the appellant had made out a plausible case of non-transparency in the Ombudsman's proceedings; the application was not in the form of adversarial litigation requiring mandatory hearing to the District Cricket Associations; consequently, the impugned orders were unsustainable.

we are of the opinion that the High Court has taken a very harsh view in rejecting the writ petition and the writ appeal preferred by the appellant on the purported ground of concealment of material facts concluding that the appellant had approach ed the writ court with unclean hands. the application filed by the appellant was not in form of any adversarial litigation requiring the mandatory opportunity of hearing to the DCAs. the impugned order dated 3rd October, 2020 passed by the Ombudsman and judgments dated 27th January, 2021 and 21st June, 2021 passed by the High Court are hereby quashed and set aside. Consequently, the decision of the KCA in blacklisting the appellant is also struck down and set aside.

The appellant filed Original Application No. 10 of 2019 before the Ombudsman cum Ethics Officer of the Kerala Cricket Association seeking framing of model bye-laws. The Ombudsman issued directions on 13 February 2020, 25 February 2020, and 10 March 2020 to implead the District Cricket Associations. The application was dismissed on 3 October 2020 for non-compliance. The appellant filed Writ Petition (Civil) No. 28478 of 2020 before the High Court, which was dismissed by the Single Judge on 27 January 2021. The Division Bench dismissed the writ appeal on 21 June 2021. During the pendency of the special leave petition, the KCA issued a show cause notice, held a Special General Meeting, and blacklisted the appellant on 22 August 2021. The Supreme Court granted leave and allowed the appeal on 29 July 2025.

• Kerala Cricket Association Bye-laws: Section 15(4)(s)