Meghalaya High Court upholds suspension of MCA secretary in sexual harassment case

The Meghalaya High Court on October 30 upheld the suspension of Meghalaya Cricket Association (MCA) Honorary Secretary Rayanold Kharkamni, who was suspended following findings of sexual harassment within the association and the alleged suppression of official complaints.

In a 22-page judgment, Justice H S Thangkhiew held that the suspension, ordered by MCA President James P K Sangma on June 27 under the emergency powers provided in Rule 18(a) of the association's constitution, was a valid interim administrative measure and could not be termed arbitrary.

The court noted that the Meghalaya State Commission for Women (MSCW), through two successive orders, had directed disciplinary action following its findings of sexual harassment. It also referred to the Commission's June 26 order, which recorded an alleged deliberate cover-up by the Honorary Secretary through the suppression of official complaint emails dating back to December 2025.

The court said the MCA president's duty of care justified the suspension as an interim measure to protect evidence and complainants while a formal disciplinary inquiry was referred to the association's Ombudsman.

Kharkamni had challenged the suspension, arguing that it was without jurisdiction. He contended that Rule 41(b) of the MCA constitution required complaints against an administrator to be placed before the Apex Council for a prima facie assessment.

However, the court held that the provision governed final disciplinary proceedings and that the suspension had to be considered in the context of Section 12 of the Prevention of Sexual Harassment of Women at Workplace (POSH) Act, 2013, which provides for immediate interim measures during an inquiry.

The court consequently dismissed his petition, WP(C) No. 377 of 2026.

In a separate petition filed by Sangma, WP(C) No. 294 of 2026, the court declared the notice for the Special General Meeting dated June 27 invalid and held the resolutions passed at the MCA meetings on May 9 and September 7 illegal and non est in law.

It observed that the September 7 meeting had been held despite existing stay orders and amounted to an attempt to subvert the court's directions. The meeting, attended by four Apex Council members, had sought to revoke Kharkamni's suspension.

The court also declined to entertain WP(C) No. 321 of 2026, filed by Kharkamni and others challenging the appointment of Ombudsman Justice B D Agarwal, a retired judge. It found that the petitioners' own participation in the Apex Council meeting that ratified the appointment undermined their challenge.

The Ombudsman will continue to function de facto until the next Annual General Meeting, the court said.

The court further directed the Honorary Secretary and other respondents to hand over all MCA assets, including digital credentials and email accounts, within two weeks. It also asked the association to ensure strict implementation of the POSH Act and put safety protocols in place, preferably within six weeks.

Reacting to the verdict, Sangma said it marked the beginning of a new era for cricket in Meghalaya and asserted that harassment or the endorsement of such behaviour would not be tolerated.

He said administrators were expected to facilitate the game and create an environment for the growth and development of players, adding that threats, coercion and failure to address players' serious concerns were unbecoming of a sports organisation.

Describing the judgment as a victory for players and members who had suffered due to alleged malpractice and mistreatment, Sangma said such practices would no longer be tolerated.