J&K High Court Dismisses Plea to Declare MOA by Court Appointed JKCA Administrators as Null and Void



J&K High Court Dismisses Plea to Declare MOA by Court Appointed JKCA Administrators as Null and Void

The Jammu and Kashmir High Court single-judge Bench of Justice Sanjeev Kumar on Monday, refused to entertain the petitions moved by various cricket clubs of the state, seeking directions to declare Memorandum of Association (MOA) prepared by the Court Appointed Administrators (CAAs) for managing affairs of Jammu and Kashmir Cricket Association(JKCA) as null and void.

The bench also refused to pass any directions on the petitioner's plea to convene 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.

“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”, the bench observed while dismissing the petitions moved by City Cricket Club, Srinagar and others.

As per the facts, a draft set of rules and regulations of JKCA was prepared by the CAAs and was presented to the Board of Cricket Control of India (BCCI) for its perusal and the same was forwarded to the Supreme Court for its final approval.

However, before SC could validate the draft rules and regulations, aggrieved cricket clubs of the state approached the High Court, seeking it to intervene in the matter and dismiss the said rules and regulations as being null and void. It is petitioner-clubs contention that 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 bench, taking into account the submissions placed on both sides, noted that it would not be appropriate for this court to comment on the issue which is already pending consideration of the Supreme Court appointed Administrators.

The Bench also referred to the Status Report submitted by Committee of Administrators (COA) of BCCI before the Supreme Court of India on October 2 and noted that JKCA has been put in Category “C”, which contains a list of the affiliate State Associations, who have substantially complied with the directions of the Supreme Court

“In the status report, the COAs have, inter alia, also sought a direction to Category “C” State Associations to further amend their respective new Constitutions in the light of corrective amendments communicated to them by the COAs. The status report is stated to be pending consideration of the Supreme Court.

In that view of the matter, 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,” the court said.

 

Board of Control for Cricket in India (BCCI)
Court Appointed Administrators (CAAs)
Jammu and Kashmir Cricket Association(JKCA)
Jammu and Kashmir High Court
Rule 20 of the Rules of J&K Cricket Association

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