HC dismisses petition of Cricket Association of UP seeking transfer all assets

The Allahabad High Court has dismissed a petition filed by the Cricket Association of Uttar Pradesh (CAUP) seeking the transfer of all assets, accounts, and resources of the dissolved Uttar Pradesh Cricket Association (UPCA) society. In its ruling, the court stated that the dissolution of the former society in 2005 was lawful and that transferring its assets to the current UPCA was entirely within statutory guidelines. The decision came after the court examined records showing that three-fifths of the members of the dissolved UPCA society had unanimously approved the closure and transfer of its assets to the new UPCA, which operates under Section 25 of the Companies Act, 1956. The petition, which sought to challenge the legitimacy of the current UPCA and assert ownership over the former society’s properties, was rejected as baseless. A division bench led by Justices Atul Sreedharan and Siddhartha Nandan noted that CAUP's claim to represent the official cricket body of Uttar Pradesh was misleading and fraudulent. The court emphasized that using a name so similar to the legitimate UPCA could cause confusion among the public, players, and local cricket associations. It further clarified that the only entity authorized by the Board of Control for Cricket in India (BCCI) in Uttar Pradesh is the Uttar Pradesh Cricket Association. The court ruled that the dissolution of the previous UPCA society followed all statutory procedures and that there was no requirement for state government approval in the process. The state government had not demonstrated any financial stake or involvement in the former society, according to the judgment. The court also dismissed demands to investigate the UPCA or form a high-level committee to examine its relationship with the BCCI. It noted that the UPCA has been a full voting member of the BCCI for the past two decades, underscoring its continued legitimacy and compliance with national cricket governance structures. In response to the court’s findings, the UPCA clarified that the petitioner, CAUP, has no formal association with the BCCI and has repeatedly misrepresented itself as a recognized cricket authority. The court acknowledged that despite this lack of affiliation, CAUP has persistently used a name that closely resembles the UPCA’s, potentially undermining the integrity of the sport in the region. The ruling concluded that the long-standing arrangement between the former UPCA society and the current UPCA should remain undisturbed, as it has functioned effectively for nearly 21 years. The judgment affirms that the legal framework governing the transfer of assets and responsibilities from one entity to another is robust and that attempts to disrupt such arrangements after extended periods of operation are unwarranted. The court’s emphasis on the stability of existing structures reflects a broader judicial stance on upholding the rule of law and preventing unnecessary disruptions to well-established institutions. As the case concludes, the focus shifts to ensuring that the UPCA continues to operate without interference, maintaining its role as the recognized cricket authority in Uttar Pradesh.