Excelsior Correspondent
JAMMU, Dec 20: In a significant order clearing the way for the conduct of elections to the Jammu and Kashmir Cricket Association (JKCA), the court of Additional District Judge, Udhampur, Kamlesh Pandita dismissed a civil suit filed by United Cricket Club seeking to restrain a senior member from representing the club in the upcoming JKCA polls, holding the plea to be premature and not maintainable.
The suit was filed by United Cricket Club through its President Ram Saroop Khajuria against Rajan Singh Slathia, the Election Authority. The plaintiffs sought a permanent injunction restraining defendant Rajan Singh Slathia from acting as an authorised representative, agent or proxy of the club and from casting a vote in the ensuing JKCA elections. They also prayed for directions restraining the JKCA and the Election Authority from recognising him as the club’s representative.
At the outset, counsel for the defendants strongly opposed the maintainability of the suit, contending that the litigation was an attempt to derail the election process initiated strictly in terms of directions issued by the Supreme Court of India. It was argued that the plaintiffs had not placed any material on record to establish a cause of action and that the JKCA Rules provided an effective and efficacious alternative remedy for redressal of such disputes.
On the other hand, counsel for the plaintiffs submitted that defendant was not the authorised representative of the club and that his attempt to project himself as such amounted to violation of the legal rights of the plaintiffs, warranting intervention by the civil court.
After hearing rival submissions at length and perusing the record, the court observed that the plaintiffs’ case was founded on mere apprehension that defendant might be allowed to vote on behalf of the club. The court noted that no material had been placed on record to substantiate the claim that the JKCA or the Election Authority had accepted or intended to accept such representation.
The court further held that the JKCA elections were being conducted under a strict timeline and framework laid down by the Supreme Court and that any internal dispute within a club, if entertained at this stage, would have the effect of derailing the election process. It emphasised that the amended JKCA Rules, approved by the Supreme Court, provide a comprehensive mechanism for resolution of disputes, including remedies before the Electoral Officer, Ombudsman and grievance redressal authorities.
Observing that cricket in Jammu and Kashmir has suffered due to prolonged litigation, the court remarked that the game has been played more in courts than on the ground and that disputes ought to be resolved through the mechanisms provided under the sports body’s rules rather than through civil suits.
In view of the availability of an effective and efficacious alternative remedy and the absence of a concrete cause of action, the court dismissed the suit along with the application for interim stay as premature and not maintainable.
The plaintiffs were represented by Advocate Anil Khajuria, while Advocate P K Jandial appeared for defendant. Advocates Sunny Mahajan and Rajat Gupta represented the JKCA.
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