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HC directs BCCI to run JKCA affairs till elections


Cinosural International An Elementry School Jammu

SRINAGAR, MARCH 23: The division bench of Justice Ali Mohammad Magrey and Justice Puneet Gupta while disposing of a bunch of petitions filed by various stakeholders in a significant decision today put an end the functioning of Court Appointed Administrators as also the appointment of Chief Executive Officer for holding the affairs of Jammu and Kashmir Cricket Association and directed the Board for Cricket Control in India to run the management, control and administration of the JKCA immediately till elections for the Association held.

However, the order copy with CTN, operative part of order reads as:-

22. In the result, we dispose of this appeal, as well as all connected Writ petitions, with the following directions:

I. In view of the challenge thrown to the amended Constitution/ Memorandum of Association and Rules and Regulations framed by the coupled with the contentions raised about the mandate exercised by the CAA as well as the role played by the Chief Executive Officer nominated by this Court, we, while appreciating the effort and endeavour made by the CAA as well as the CEO, feel that there is no further need of their continuation, as such, the CAA and the CEO of the JKCA appointed by this Court shall stand discontinued;

II. The BCCI shall, as an interim measure and till a new body of the JKCA is elected under its supervision, run the management, control and administration of the JKCA immediately upon being handed over the same by the CAA;

III. The BCCI shall, while finalizing the amendment, if any, in the Constitution of the JKCA, in conformity with the recommendations made by the Lodha Committee as approved by the Hon’ble Supreme Court, consult all the stakeholders, including the parties litigating before this Court, i.e., the representatives of the erstwhile clubs of the JKCA as also of the District Cricket Associations now formed by the CAA;

IV. The BCCI shall ensure promoting of cricketing activities in Jammu and Kashmir as well as in Ladakh in tune with its approved Constitution and at par with other affiliated Associations from various States and Union Territories of the country;

V. The BCCI shall ensure that the required infrastructure on ground is improved and made available to the cricketers of Jammu and Kashmir and Ladakh without waiting for any audit report;

VI. The BCCI shall make every endeavour to ensure that the boys and girls playing the game of cricket in Jammu and Kashmir and Ladakh, from different age groups, are provided all facilities to excel in the game of cricket not only on national, but also at international level;

VII. The BCCI, given the task assigned to it as indicated above, shall be authorized to appoint Committee/ sub-Committee to run, administer, control and supervise the affairs of the JKCA till the elections are held and a body of the JKCA is elected under its supervision, whereafter the administration, control and supervision of the JKCA shall be handed over to the newly elected office bearers of the Association; and

VIII. Deputy Commissioner of Jammu as well of Srinagar shall cooperate with the BCCI for ensuring implementation of the aforesaid directions passed in this judgment for any requisitioned assistance. They shall ensure preparation of inventory of movable and immovable property of the JKCA and furnishing the same, alongwith the list of assets and liabilities of JKCA as existing on the date of this judgment, to the BCCI during the course of this week.

23. We hope and trust that the aforesaid exercise, assigned to the BCCI, is concluded by the BCCI as expeditiously as possible.

24. Before parting, it needs to be mentioned here that while going through the pleadings on record, we also came across some clubbed petitions, being WP(C) Nos. 2059/2020; 2155/2020; 3653/2019; and 3738/2019 filed in this wing of the High Court, wherein the decisions of the then Ombudsman of the JKCA, as appointed by this Court at the relevant point of time, have been assailed.

Since, we did not hear the parties on this issue, we feel that the said petitions are required to be segregated and listed separately before the roster Bench. We order accordingly. 25. The learned Registrar (Judicial) of this wing of the High Court to ensure that copy of this judgment is placed on each of the connected files pertaining to both wings of the High Court, after sending a copy thereof to the learned Registrar (Judicial) of the Jammu wing.

Besides, the learned Registrar (Judicial) of this wing of the High Court shall also send a copy of this judgment to the office of the BCCI today itself, copy whereof shall also be provided to all the learned appearing counsel for the parties during the course of the day through any available mode.

26. Bench Secretary of this Court to provide a copy of this judgment, under his seal and signatures, to Mr B. A. Dar, learned Senior Additional Advocate General, for making the same available in the offices of the Deputy Commissioner, Jammu; Deputy Commissioner, Srinagar by today so as to ensure implementation of the directions passed in the judgment hereinabove.

 

 


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