Shillong, Oct 30: James PK Sangma MP (pictured right), the President of the Meghalaya Cricket Association, has won his court case against Honorary Secretary Rayonald Kharkamni (left), with the Meghalaya High Court passing judgement on a case concerning the internal squabbles of the association.
Justice HS Thangkhiew found for Sangma in crucial aspects of the case, ruling that the appointment of retired Justice BD Agarwal as the MCA Ombudsman could stand and that the suspension by Sangma of Kharkamni from his role as Honorary Secretary was legal.
The case has occupied months of time (use our search function to read previous reports), with the final arguments submitted more than a month ago.
In his opening sentence Justice Thangkhiew said that there has been an “acute institutional breakdown” in the MCA.
Concerning the Ombudsman, Kharkamni and his supporters on the MCA Apex Council sought to challenge the validity of Justice (retd) Agarwal as he had not been appointed at an annual general meeting of the MCA, as the association’s constitution mandates. However, the court found that Kharkamni and others on the Apex Council had not raised any objection to the Ombudsman’s appointment when it was made at an Apex Council meeting in March and the appointment could not be said to have been forced upon the council by Sangma. It was only when it appeared that Justice (retd) Agarwal would take Kharkamni to task for the sexual harassment case that the MCA was later embroiled in that moves were made to question his validity, the court said.
Although Justice Thangkhiew acknowledged that the appointment of Justice (retd) Agarwal “is strictly not in accordance with the MCA constitution”, he ruled that “The Ombudsman’s appointment, in view of the circumstances, shall be treated as functional de facto until the matter is taken up in the next AGM for necessary process.”
When the case regarding the sexual harassment of U-23 women’s team players by the manager and coach became public in May, Kharkamni was found by the Meghalaya State Commission for Women (MSCW) to have failed to properly act on the complaints. The MCA was also found not to have an internal complaints committee (ICC) as required under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (known as the POSH Act). When the final order came from the MSCW at the end of June Sangma used his emergency powers as President to suspend Kharkamni and refer the matter to the Ombudsman.
Kharkamni’s lawyers argued that any suspension of a sitting office bearer has to go through the Apex Council and cannot be passed by the President alone.
Justice Thangkhiew, however, said that the suspension “cannot be said to be arbitrary, but more of an interim administrative measure and not a final decision.” He also agreed that it could be seen to be an emergency measure in light of the POSH Act 2013.
“It would not be out of place to mention that the MSCW’s order No. 522 dated [26th June 2026], had noted a deliberate cover up by the Honorary Secretary, of suppression of official complaints emails from December 2025 and, therefore, the President’s duty of care under Rule 18(a) justifies the interim suspension to protect the evidence and the complainants, while the formal disciplinary enquiry was referred to the Ombudsman. This court therefore finds that for the reasons discussed on the accompanying facts, the suspension was a valid interim measure,” Justice Thangkhiew said.
The judge also said that a meeting on 7th September, which came immediately after the Apex Council (without Sangma) revoked the Honorary Secretary’s suspension, was not valid (non est). The meeting was held ostensibly to get trials for the BCCI domestic season up and running. This could have major implications for Meghalaya’s cricketers.
Sangma and the Apex Council held separate trials for state teams and those of the latter are currently representing Meghalaya in the ongoing BCCI tournaments. In light of the High Court’s judgement, this could change as the very foundation for the Apex Council trials has been ruled invalid by Justice Thangkhiew.
The court also considered other matters, such as Kharkamni’s alleged holding of a dual post – continuing to remain as President of the Ri-Bhoi District Cricket Association while Honorary Secretary – which is against the rules and his refusal to execute the bank signatory resolution that would remove him as a bank signatory.
Justice Thangkhiew ordered that Kharkamni shall ensure “assets handover” within a period of two weeks from today’s order, including digital credentials, email identity, etc. The MCA was also directed to ensure strict implementation of the POSH Act 2013 and to put in place safety protocols within the shortest possible period, preferably within six weeks from today.
(File photos)
