Excelsior Sports Correspondent
JAMMU, Dec 15: A Division Bench of Jammu & Kashmir and Ladakah High Court comprising Acting Chief Justice Tashi Rabstan and Justice Mohan Lal today dismissed the petition filed by Desh Rattan Dubey seeking direction to Board of Control for Cricket in India (BCCI) to initiate the process of amendment of constitution of Jammu and Kashmir Cricket Association (JKCA) and hold its election.
After hearing Advocate Parveen Kapahi for the petitioner whereas Advocate Parimoksh Seth for the BCCI, DB observed, “insofar as reference to Rule 67(2) of the J&K High Court Rules, 1999, is concerned, the same does not give any right to file the application of instant nature seeking fresh directions after disposal of the writ petition in as much as the same deals only with the applications as are maintainable after disposal of any appeal/petition or reference or other matters connected with it”.
“In some cases, after the disposal of the petition/appeal or reference, there may be some kind of arithmetical or technical errors that may require correction for which application may be maintainable, but, in the present application, applicants are seeking fresh directions, which is not permissible”, the DB said, adding “the directions sought by the applicants do even travel beyond the main proceedings/writ petition as also the judgment dated 25.03.2021 passed by the Division Bench in LPAOW No.14/2019 and other connected petitions including petition WP(c) No.4524/2019 titled Des Rattan Dubey Vs. Board of Control for Cricket in India and others, in which present application has been filed”.
“Moreover, most of the parties impleaded in the present application were not the parties before the writ court besides the locus to file present application is not clear as it is not coming forth from the application filed by the applicants as to whether they were parties to any petition/appeal decided by the Division Bench vide its judgment dated 25.03.2021 or not”, the DB said and dismissed the petition.
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