# In the matter of Siddharth Sahib Singh vs. Apex Council of India

> HC judgment dated 2023-07-10. Citation: TCN-2023-HC-00053. The case involves a Writ Petition filed by Siddharth Sahib Singh, Secretary of the Delhi and…

- **Court:** HC
- **Order date:** 10 Jul 2023
- **Citation:** TCN-2023-HC-00053
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/siddharth-sahib-singh-vs-apex-council-of-india-06b867ee

## Summary

### Background

The case involves a Writ Petition filed by Siddharth Sahib Singh, Secretary of the Delhi and District Cricket Association (DDCA), challenging a notice dated June 10, 2023, issued by the Apex Council of DDCA. The notice called for an Extra-Ordinary General Meeting (EGM) to ratify a resolution dated April 10, 2023, by which the Apex Council appointed Justice M.M. Kumar (Retd.) as the Ombudsman cum Ethics Officer of the DDCA. The petitioner contends that the appointment was made clandestinely and is invalid, and therefore, the meeting for ratification should be quashed.

## Facts

Siddharth Sahib Singh, the Secretary of the Delhi and District Cricket Association (DDCA), filed a Writ Petition challenging a notice issued by the Apex Council of DDCA. The notice, dated June 10, 2023, called for an Extra-Ordinary General Meeting (EGM) of the DDCA members to be held on July 5, 2023, at 9:00 AM at the DDCA's registered office. The purpose of the EGM was to ratify a resolution dated April 10, 2023, by which the Apex Council had appointed Justice M.M. Kumar (Retd.), Former Chief Justice of High Court of Jammu & Kashmir, as the Ombudsman cum Ethics Officer of the DDCA. The petitioner contends that this appointment was made without following the proper procedures laid down in the Articles of Association (AoA) of the DDCA. Justice Indu Malhotra (Retd.),

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## Issues and analysis

### Issue 1: Whether the High Court should entertain a writ petition when an alternative remedy is available …

**Ratio:** The principle of alternative remedy dictates that a High Court should generally not

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**Reasoning:** The Court relies on several Supreme Court precedents, including Thansingh Nathmal v.

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**Interpretation:** Article 226 of the Constitution confers wide powers on the High Court to issue

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**Application:** In this case, the Court finds that the petitioner has an alternative remedy

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## Parties

- **Judges:** Subramonium…
- **Appellants:** SIDDHARTH SAHIB…
- **Respondents:** APEX COUNCIL OF…
- **Other parties:** Kohi…
- **Advocates:** Sachin…; Rahul M…; +10 more

## Timeline

- **2023-03-31 — Resignation of…**: Justice Indu Malhotra (Retd.) resigned from the post of Ombudsman cum Ethics Officer of…
- **2023-04-10 — Resolution by Apex…**: The Apex Council of the DDCA passed a resolution appointing Justice M.M. Kumar (Retd.) as…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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