Fayaz Bukhari
SRINAGAR, Sept 15: In a major relief to Jammu and Kashmir Cricket Association (JKCA) faction headed by Dr Farooq Abdullah, a local court today kept the General Council meeting and Working Committee held by Youth Services and Sports Minister, Imran Raza Ansari, headed JKCA faction in abeyance till final outcome of main case.
The 3rd Civil Subordinate Judge Jammu, Y P Sharma, after confirming its interim order held that the interim relief may be granted to the Plaintiff.
“According to view of discussion made herein above, besides the mandate of law, the injunction deserves to the plaintiff, as such ex-parte interim is hereby made absolute till disposal of main suit”, reads the order.
Court, however, made it clear that any observation made while passing the order are purely tentative which shall not have any ill-effect on the merit of the case.
Court was hearing a matter filed by chairman of Association (Arvinder Sing Micky) seeking the General Council Meeting held on 26.6.2015 and the Working Committee meet held on 20.7.2015 be declared as illegal, unconstitutional and against provision of JKCA rules.
Micky had immediately approached the court of law when the General Counsel Meeting and Working Committee Meeting was held by Ansari faction of JKCA and sought stay of these two meetings.
Court while granting the interim relief to Micky observed that nothing is on record from Rakesh Kumar (Former Vice Chairman of JKCA Jammu wing) which would show as to how he could have assumed and derived the jurisdiction to first convene extra ordinary General Council Meeting and to preside that meeting when elected chairman was very much available in the State.
“Plaintiff having prima facie case in his favour and the fact that in case interim reielf is refused when admittedly the action of defendant no.1 (Rakesh Kumar) has not been found with the rules governing the subject”, court said.
Court while referring the judgment of High Court reiterated the interpretation of rule regarding convening of meeting stands already made by High Court which was well known law to the persons connected with the affairs of cricket association.
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