Excelsior Correspondent
SRINAGAR, Oct 13: The High Court today appointed retired Supreme Court and High Court judges as administrators for holding free and fair elections for Jammu and Kashmir Cricket Association in two months.
As the term of JKCA expired in May this year and in view of interse dispute between the office bearers and two factions who were fighting various cases and claim the genuine association of JKCA, the Court today directed for fresh elections under the observation of two administrators.
The Court of Justice Alok Aradhe while disposing off a bunch of petitions appointed two administrators to ensure free and fair elections. “That Justice C K Prasad, retired Judge of the Supreme Court and Justice Syed Rafat Alam, Chief Justice of MP and Allahabad High Courts shall act as administrators of the J&K Cricket Association to ensure free and fair elections”, Justice Aradhe directed.
Justice Aradhe said the administrators shall ensure that the rules of the J&K Cricket Association are amended in conformity with the recommendations made by the Lodha committee which has already been accepted by the Supreme Court.
Court further directed BCCI and the Association to render all assistance to the Administrators, to effectively perform their duties. “The expenditure to be incurred for travelling expenses and for stay of Administrators shall be borne by the Association. In addition, the administrators shall be entitled to remuneration of Rs. 75000/-each per working day”, the order read.
Court further added that the administrators may make appointment of such persons so as to assist them to hold free and fair elections of the office bearers of the Association.
Court directed the administrators to ensure that elections of office bearers of Association are held after amendment of the rules for electing office bearers of the Association. “The administrator shall also be at liberty to appoint an ombudsman who shall decide the disputes between the members affiliated to the Association”, court said.
Police has been directed to deposit the amount seized by it in favour of the Association and the treasurer shall not expend the amount so received in the account of the Association without approval of the Administrators.
“The Administrators may also appoint a financial advisor, who shall maintain proper accounts. The Administrators shall also be at liberty to appoint ombudsman if so advised. After elections are held the newly elected body shall be entitled to expend the amount as per norms of BCCI”, court directed and said the aforesaid exercise be completed within a period of 2 months.
Court directed the Registry to transmit copy of the order to Justice C K Prasad and Justice Syed Rafat Alam.
The previous association headed by Imran Raza Ansari by resolution dated 18.9.2016 resolved to appoint ombudsman. Accordingly, Justice Iqbal Ahmad Ansari retired Chief Justice of Patna High Court was appointed as Ombudsman by an order dated 02.01.2017. However, the Supreme Court held that a person shall be disqualified for being an office bearer, if he is a Minister or Government servant, holds any office or post in sports or athletic association enters apart from cricket, has been an office bearer of the BCCI for cumulative period of 9 years, has been charged by court of law for having committed any criminal offence and has attained the age of 70 years. In view of the aforesaid order admittedly the president and the treasurer of the association were disqualified.
It is the case of the petitioners that elected body did not initiate the process of election and the elected members hold their positions in violation of the orders passed by the Supreme Court.
“The Association, therefore, had no authority to appoint ombudsman. It is also the case of the petitioners that as per guideline provided by Lodha penal, the association was required to incorporate recommendations of the Lodha committee in the rules governing the association and then to conduct the election in accordance with the guidelines provided by the Lodha Committee”, petitioners submitted.
It is also the case of the petitioner that the elections for the association were not held as per the guidelines fixed by the Supreme Court on 15.11.2016. In the aforesaid factual background the petitioners have approached this court seeking the reliefs stated supra.
Counsel for the petitioner pointed out that the respondent no. 3 was disqualified as he was politician and Sports Minister of the State.
Similarly, general secretary of the Association namely Iqbal Ahmed Shah in view of his admission, was convicted in a criminal case namely FIR No. 76/13 registered at police station Nowgam for offences under section 13 of the Gambling Act vide judgment dated 23.11.2013. It is also submitted that the treasurer of the Association was disqualified as he was above 70 years of age. Similarly the chairman had incurred disqualification as he had served the Association for a term of more 9 years.
The Senior Counsel for BCCI (Advocate Sunil Sethi) submitted that the elections of the Association were held on 19.7.2016 and the term of the office bearers of the Association has expired on 18.7.2017 and thereafter there is no elected body of the Association. He urged that an administrator should be appointed, as there is no provision of holding over the post in the rules of the Association.
It was also argued before the court that the elections of the Association should be held as per the guidelines of the Supreme Court after incorporation of recommendations of report(s) submitted by Lodha committee in the rules of Association.
Court has also been informed that out of Rs 120 crores allocated by BCCI to the Association a sum of Rs. 80 crores has been embezzled and an amount of Rs. 34 crores was seized by the police which should be handed over to the administrator so as to enable him to meet the necessary expenditure and thereafter the funds should be placed at the disposal of the newly elected body which may spent the amount as per the norms fixed by the BCCI. It is also submitted that the administrator be granted liberty to appoint ombudsman.
Thereafter on 2.7.2017, the Supreme Court directed that all office bearers of BCCI and its affiliated state associations which fail to meet the norms recommended by the Committee as accepted by this court shall forthwith demit and cease to hold the office.
In view of the directions of the Supreme Court, four persons -President, Chairman, General Secretary and Treasurer – ceased to hold their offices and since they were parties to the decision taken for appointment of the ombudsman, therefore, the appointment of ombudsman made by the committee, even otherwise has lost its legal sanctity w.e.f. 02.01.2017.
It is also pointed out that the Association did not inform the BCCI with regard to the disqualification incurred by its office bearers.
The office bearers who have incurred disqualification have participated in the meeting of the working committee in which the ombudsman was elected, therefore, no legal sanctity can be attached to the appointment of the ombudsman. It is also argued that the meeting was conveyed by the general secretary who was disqualified.
Court granted the liberty to appoint the Ombudsman who may be appointed by the administrators to adjudicate the dispute raised by the petitioner in accordance with law if not already decided.
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