The Jammu and Kashmir Excessive Court docket (Bench at Srinagar) on Tuesday directed the Board of Management for Cricket in India (BCCI) to run the administration, management and administration of the Jammu and Kashmir Cricket Affiliation (JKCA) as an interim measure until a brand new physique of JKCA is elected whereafter the identical shall be handed over to the newly elected workplace bearers of the Affiliation.
A division bench comprising of Justice Ali Mohammad Magrey and Justice Puneet Gupta delivered the judgment in a bunch of appeals and petitions difficult the order of the one choose directing that Mr Justice C. Okay. Prasad, retired Choose of the Supreme Court docket and Mr Justice Syed Rafat Alam, Chief Justice of M.P. and Allahabad Excessive Courts shall act as Directors of the J&Okay Cricket Affiliation to make sure its free and truthful elections.
An initiative was undertaken by the Kashmir Cricket Membership in 1957 whereby a Committee headed by one Qazi Ghulam Rasul submitted a report ensuing within the framing of JKCA Guidelines. Thereafter, with the recognition gained by the sport of cricket, BCCI was tasked as an Apex Physique to manage the actions of the sport in India, affecting the functioning of many Cricket Associations in India.
The genesis of the litigation rests on the suggestions made by the Lodha Committee whereby it was tasked to advocate the healthful reforms within the administration of recreation of cricket in India. The stated Committee was functioning beneath the Chairmanship of former Chief Justice of India, Justice RM Lodha. The suggestions had been accepted by the Apex Court docket within the judgment of Board of Management for Cricket in India & Others v. Cricket Affiliation of Bihar & Others; (2016) eight SCC 535. The rules formulated by the Committee mandated the affiliate State Associations of the BCCI to impact needed amendments of their Guidelines/ Memorandum of Affiliation/Constitutions in order to deliver them in tune with the suggestions made by the Committee. Nonetheless, JKCA, being in whole disengagement with the stated suggestions, didn’t implement the rules of the Committee.
The order of the one choose was upheld by the division bench with the modification with regards to a course to the JKCA that any disputes inter se totally different golf equipment affiliated to it shall be resolved by an Ombudsman to be appointed by the Court docket.
A draft Structure of the BCCI was authorized by the Apex Court docket vide judgment dated ninth August 2018 whereby the Court docket directed all of the members of BCCI, together with JKCA, to undertake registration of their Constitutions on comparable strains. In view of this, JKCA framed the Memorandum of Affiliation and Guidelines and Rules and obtained them registered on third October 2018.
In response to the petitioners it was submitted earlier than the Single Bench that the Court docket Appointed Directors (CAA) of JKCA went past its mandate of amending its earlier Structure registered within the 12 months 1957 to make it according to the suggestions of the Lodha Committee by framing a completely new Structure of JKCA. The Single Bench dismissed the petitions by holding that the problem rested inside the area of the Apex Court docket. The stated judgment was thereafter challenged, forming the first foundation of the judgment.
Remark of the Court docket
Whereas noting that it was not applicable for the Court docket to enter the query of ascertaining whether or not the MOA and Guidelines frmaed by CAA of JKCA was in tune with the Committee’s suggestions, the Court docket went forward to look at that:
“..BCCI, which is tasked with the general governing/ controlling of the actions of the sport of cricket in India and of which the JKCA is an affiliate member, is in place with its newly authorized Structure, it’s the stated physique which shall be the suitable authority to reply the above-formulated query within the gentle of its newly authorized Structure. The BCCI is anticipated to have all experience required for answering this query, being the apex physique for managing and controlling the actions of the sport of cricket in India, together with the Jammu and Kashmir. Apart from, the BCCI has additionally filed an utility for handing over the affairs of the JKCA to it until such time the elections of the workplace bearers of the JKCA are carried out beneath its supervision.”
The Court docket thereafter issued the next instructions:
1. In view of the problem thrown to the amended Structure/ Memorandum of Affiliation and Guidelines and Rules framed by the CAA of the JKCA, coupled with the contentions raised concerning the mandate exercised by the CAA in addition to the function performed by the Chief Government Officer (CEO) nominated by this Court docket, we, whereas appreciating the hassle and endeavour made by the CAA in addition to the CEO, really feel that there’s no additional want of their continuation, as such, the CAA and the CEO of the JKCA appointed by this Court docket shall stand discontinued.
2. The BCCI shall, as an interim measure and until a brand new physique of the JKCA is elected beneath its supervision, run the administration, management and administration of the JKCA instantly upon being handed over the identical by the CAA.
three. The BCCI shall, whereas finalizing the modification, if any, within the Structure of the JKCA, in conformity with the suggestions made by the Lodha Committee as authorized by the Hon’ble Supreme Court docket, seek the advice of all of the stakeholders, together with the events litigating earlier than this Court docket, i.e., the representatives of the erstwhile golf equipment of the JKCA as additionally of the District Cricket Associations now shaped by the CAA.
four. The BCCI shall guarantee selling of cricketing actions in Jammu and Kashmir in addition to in Ladakh in tune with its authorized Structure and at par with different affiliated Associations from varied States and Union Territories of the nation.
5. The BCCI shall be sure that the required infrastructure on floor is improved and made obtainable to the cricketers of Jammu and Kashmir and Ladakh with out ready for any audit report.
6. The BCCI shall make each endeavour to make sure that the girls and boys taking part in the sport of cricket in Jammu and Kashmir and Ladakh, from totally different age teams, are supplied all amenities to excel within the recreation of cricket not solely on nationwide, but additionally at worldwide stage.
7. The BCCI, given the duty assigned to it as indicated above, shall be licensed to appoint Committee/ sub-Committee to run, administer, management and supervise the affairs of the JKCA until the elections are held and a physique of the JKCA is elected beneath its supervision, whereafter the administration, management and supervision of the JKCA shall be handed over to the newly elected workplace bearers of the Affiliation.
eight. Deputy Commissioner of Jammu as effectively of Srinagar shall cooperate with the BCCI for making certain implementation of the aforesaid instructions handed on this judgment for any requisitioned help. They shall guarantee preparation of stock of movable and immovable property of the JKCA and furnishing the identical, alongwith the record of property and liabilities of JKCA as current on the date of this judgment, to the BCCI throughout the course of this week.
Click on Right here To Obtain Judgment