Case Note & Summary
The present matter before the Gujarat High Court concerned a challenge to the candidature of four individuals for the posts of President, Secretary, and Treasurer of the Baroda Cricket Association (BCA) for the term 2026–2029. The petitioners, members of the BCA, invoked Article 226 of the Constitution of India, seeking enforcement of directions issued by the Supreme Court of India regarding tenure-based disqualification. The dispute arose out of the election process initiated by notification dated 06-01-2026, in which respondent Nos. 4 to 7 filed their nominations. The petitioners lodged written objections on 20-01-2026, asserting that the said respondents had completed a cumulative tenure of nine years or more in the Apex Council of BCA and were thus disqualified in light of the Supreme Court's earlier orders mandating a nine-year cumulative tenure limit and a three-year cooling-off period after two consecutive terms. Despite this, the Electoral Officer (respondent No. 3) published the final list of candidates on 22-01-2026 without adjudicating the objections or granting a hearing. A subsequent representation dated 27-01-2026 met the same fate, prompting the petitioners to file the special civil application. The respondents raised a preliminary objection regarding maintainability, which was rejected by the Court on 13-02-2026, and notice for final disposal was issued. By the same order, the Court granted ad-interim relief, directing that the voting scheduled for 15-02-2026 proceed but that counting and publication of results be stayed without prior permission; it was clarified that the private respondents' participation would be subject to the final outcome and would not create equity. Respondent Nos. 2 to 7 preferred Letters Patent Appeals against the interim order, but they were permitted to be withdrawn by a Division Bench on 16-02-2026. Thereafter, the Court heard final arguments, with senior counsel Mr. Mihir Joshi appearing for the petitioners, advancing submissions that the Electoral Officer's failure to decide objections violated Clause 33(3) of the BCA Memorandum of Association and that the respondents were clearly disqualified under the tenure rules laid down by the Supreme Court. Senior advocates for the respondents opposed the petition. The Court reserved judgment on 05-03-2026 and pronounced it on 16-03-2026. The provided text of the judgment, however, ends before the final operative directions; thus, the ultimate decision on the disqualification and relief is not available in the excerpt.
Headnote
A) Constitutional Law - Writ Petition under Article 226 - Maintainability - Constitution of India, Article 226 - Respondents raised a preliminary objection to the maintainability of the petition under Article 226. The Court, by order dated 13-02-2026, rejected the preliminary objection and issued notice for final disposal. (Para 3) B) Election Law - Tenure-Based Disqualification - Disqualification for cumulative tenure exceeding nine years and mandatory cooling-off period - Supreme Court directions in Civil Appeal No. 4235 of 2014 and Board of Control for Cricket in India v. Cricket Association of Bihar, (2018) 9 SCC 624 - Petitioners contended that respondent nos. 4 to 7 had completed more than nine years of cumulative tenure and were therefore disqualified from contesting elections for the term 2026–2029. The disqualification was grounded in the reforms directed by the Supreme Court to prevent concentration of power. (Paras 2.2, 6.4) C) Election Law - Duties of Electoral Officer - Obligation to decide objections under Clause 33(3) of the MoA - Clause 33(3) of the Memorandum of Association of Baroda Cricket Association - The Electoral Officer failed to adjudicate written objections dated 20-01-2026 and did not afford an opportunity of hearing to the petitioners. The non-exercise of this statutory duty was contended to be a serious illegality striking at the root of the democratic process. (Paras 6.1, 2.5) D) Interim Relief - Balance of Convenience - Ad-interim directions permitting voting but restraining counting of votes and declaration of results - The Court found that if interim protection were not granted, the petition could become infructuous and lead to multiplicity of proceedings. Accordingly, it directed that voting proceed on 15-02-2026 but counting of votes and publication of results be made only with prior permission of the Court. The participation of private respondents in the election would not create equity in their favour. (Paras 27-28)
Issue of Consideration
Whether respondent Nos. 4 to 7 are disqualified from contesting the elections of Baroda Cricket Association on account of having completed a cumulative tenure of nine years or more, and whether the Electoral Officer's failure to adjudicate the objections was illegal.
Law Points
- Tenure-based disqualification for cumulative nine years
- cooling-off period of three years after two consecutive terms
- Electoral Officer's duty to decide objections
- Article 226 of the Constitution of India
