Court rules in favor of Uttar Pradesh Cricket Association's transition to a company structure, dismisses petition challenging the process and transfer of assets.
In a landmark judgment, the Allahabad High Court has upheld the dissolution of "The Uttar Pradesh Cricket Association" (The UPC), a society registered under the Societies Registration Act, 1860, and the transfer of its assets, liabilities, and functions to a new entity registered under Section 25 of the Companies Act, 1956, now known as the Uttar Pradesh Cricket Association (UPCA). The Division Bench comprising Justices Atul Sreedharan and Siddharth Nandan delivered the verdict on August 3, 2026, dismissing the writ petition filed by the Cricket Association of Uttar Pradesh.
The petitioner, represented by counsel Ramesh Kumar Yadav, challenged the legality of the dissolution of The UPC society and the subsequent transfer of its assets to the newly formed UPCA company. The petitioner argued that the dissolution did not comply with the requirements of the Societies Registration Act, 1860, particularly the need for government consent if the government was a contributor or interested party in the society.
The court, however, found that the dissolution was carried out in accordance with the provisions of the law. It noted that the society had passed a resolution with the required three-fifths majority for its dissolution and that there was no evidence to suggest that the government was a contributor or otherwise interested in the society, negating the requirement for government consent.
The judgment emphasized that the transfer of assets to the UPCA company was in alignment with the objectives set forth in the Companies Act, 1956, which allows for such transfers to a company with similar objectives. The court further highlighted that no disputes existed among the society's members or governing body regarding the dissolution, and thus, the process was deemed valid.
The petitioner also sought a writ of mandamus to transfer the dissolved society's assets to them and challenged the UPCA's status as the sole body for conducting official cricket activities in Uttar Pradesh. The court rejected these claims, underscoring that the UPCA is duly affiliated with the Board of Control for Cricket in India (BCCI) and holds the mandate to manage cricket activities in the state.
In addressing the issue of BCCI's amenability to writ jurisdiction, the court reiterated that while BCCI is not a "State" under Article 12 of the Constitution of India, it may be subject to writ jurisdiction under Article 226 in specific circumstances involving public functions.
The judgment effectively closes a long-standing dispute over the legitimacy of the UPCA's incorporation and its authority over cricket affairs in Uttar Pradesh, reinforcing the legal framework that supports such organizational transformations from societies to companies.
Bottom Line:
Dissolution of a society under the Societies Registration Act, 1860, and subsequent transfer of its assets, liabilities, and functions to a company registered under Section 25 of the Companies Act, 1956, can be valid if conducted in accordance with the provisions of law.
Statutory provision(s):
- Societies Registration Act, 1860, Section 13
- Companies Act, 1956, Section 25
- Article 226 of the Constitution of India
