The High Court of Meghalaya resolved a triad of writ petitions exposing institutional paralysis within the Meghalaya Cricket Association, where leadership disputes obstructed compliance with the Prevention of Sexual Harassment Act. The Court upheld the President's emergency suspension of the Honorary Secretary following Meghalaya State Commission for Women findings of sexual harassment and deliberate cover-up, while treating the Ombudsman's appointment as functional de facto despite non-compliance with the AGM-appointment mandate. Meetings convened in defiance of interim orders were declared non-est, and asset handover was directed within two weeks.
Frequently Asked Questions
Yes. The Court held that where an Ombudsman was ratified by the Apex Council, communicated to BCCI, accepted by the appointee, and functioned without challenge until POSH proceedings implicated the challenger, the appointment may be treated as functional de facto until the next AGM, particularly when the challenge is mala fide and triggered by adverse findings.
Yes. The Court ruled that Section 12 of the POSH Act, 2013 mandates immediate steps to prevent a hostile work environment, allowing temporary measures like suspension while formal inquiry proceeds. The President's emergency power under Rule 18(a) of the MCA Constitution, read with POSH obligations, justifies interim suspension to protect complainants and evidence, even if Rule 41(b) requires Apex Council prima facie findings for final disciplinary action.
Such resolutions are declared non-est in law. The Court held that the 07.09.2026 meeting, held despite an interim order suspending the convening of such meeting, was an attempt to subvert judicial orders. All resolutions from that meeting, including revocation of suspension and bypassing the Ombudsman, were rendered legally void.
