SRINAGAR, Dec 31: The High Court today turned down the plea of various cricket clubs of the State seeking that the recently drafted Memorandum of Association (JKCA) rules and regulations be declared as invalid.
The recent Draft of Jammu and Kashmir Cricket Association (JKCA) rules and regulation were presented by Chief Executive Officer (CEO) JKCA on behalf of appointed Administrators before Board of Control for Cricket in India (BCCI) and BCCI after receiving it forwarded the draft rules before the Supreme Court for its approval.
Before its approval, various Clubs aggrieved of these draft rules and regulations approached the Court with relief that the Memorandum of Association and Rules and Regulations presented before the BCCI be declared as null and void.
They (clubs) also sought direction that an Extraordinary General Council Meeting in compliance with the mandate of Rule 20 of the Rules of J&K Cricket Association and amend the Rules of the J&K Cricket Association in conformity with the recommendations made by the Lodha Committee, which have been accepted by the Supreme Court, be convened.
Justice Sanjeeve Kumar said that the Constitution/ Memorandum of Association (MOA), registered by Committee of Administrators (COA) of JKCA, has not been fully accepted by the COA of BCCI and it has suggested necessary corrections/ amendments in the Constitution to bring it in line with the Constitution of BCCI.
In that view of the matter, court said, it would not be appropriate for this court to comment on the issue which is already pending consideration of the authority, i.e. the Supreme Court appointed Administrators.
“For all what has been discussed above, the writ petitions on hand are not found maintainable and the same are, accordingly, dismissed. Interim direction(s), if any, shall stand vacated”, Justice Kumar ordered with the observation that this court is not inclined to entertain these petitions.
Court, however, said the dismissal shall not preclude the petitioner-clubs to voice their grievance either before the Supreme Court appointed Administrators or before the Supreme Court, which is monitoring the implementation of its directions contained in the Order dated 9th August 2018.
Supreme Court by the Order dated 18th July 2016, constituted a Committee, headed by Justice R M Lodha, to look into the management and affairs of the Board of Control for Cricket in India. The recommendations submitted by the Committee, were accepted in entirety and the Supreme Court directed the Committee to ensure that the recommendations made are implemented.
BCCI and all the affiliate State Members/Associations were directed to cooperate and act in furtherance of the directives. The Committee, it is submitted, to have thereafter vide communication dated 28th August 2016, issued the guidelines for election of the State Associations and fixed the same on 15th November 2016.
The Supreme Court, on January last year, directed constitution of a Committee of Administrators to supervise the administration of BCCI through its Chief Executive Officer, with a further direction to ensure that the directions contained in the judgment dated 18th June 2016, passed by the Supreme Court are implemented.
According to the petitioner-clubs, the respondents are duty bound to amend the Constitution of JKCA on similar lines as that of the draft Constitution of BCCI as approved by the Supreme Court.
The court in its earlier judgments while taking note of the sorry state of affairs in the management of JKCA and having found that the terms of office of the officer bearers had expired and they were no longer entitled to hold the office and accordingly the Court appointed Justice C K Prasad (retired Judge of the Supreme Court) and Justice Syed Rafat Alam, Chief Justice of M P and Allahabad High Courts to act as Administrators of JKCA and certain powers were given to them.
“That apart, the determination of the issue as to whether the Constitution of JKCA is in line with the Constitution of BCCI and the recommendations of the Lodha Panel as approved by the Supreme Court, lies within the domain of the Supreme Court appointed Administrators in light of the directions issued by the Supreme Court in its Order dated 9th August 2018. This obviates the necessity of going into the rival claims on the issue articulated by the parties”, read the Judgment.
Justice Kumar further added that the issue is before the Supreme Court appointed Administrators and the grievance as projected by the petitioner-clubs in these petitions, has been well taken cognizance of by them.
“The JKCA through COA has already been called upon to respond with regard to their decision of divorcing membership of social club, which was earlier part of JKCA from the administration of cricket. It is upon receipt of response from JKCA that the Supreme Court appointed Administrators have to take a call”, read the judgment.