Excelsior Sports Correspondent
Srinagar, Apr 4: High Court has directed the Board of Control for Cricket in India (BCCI) to finalize the J&K Cricket Association (JKCA) constitution and elect a new body of the Association notwithstanding the pendency of cases relating to the issue before the court.
The Division Bench of Justice Ali Mohammad Magrey and Justice Puneet Gupta in a significant judgement directed the BCCI to go ahead with the finalization of the Constitution of the JKCA in conformity with the recommendations of the Lodha Committee. Court also directed for conducting elections for the JKCA.
Court while making these directions has cleared that the pendency of the petition relating to the issues of JKCA and District Clubs shall be the impediment for the BCCI to finalize the constitution and holding of elections.
The decision in these petitions is not related to the already passed judgment/order by this court on the subject of finalizing the Constitution of JKCA and for electing a new body. The court being conscious of the controversies/disputes, had already authorized the BCCI to take on board all the stakeholders, including the parties litigating before this Court.
The court has made it clear that pendency of these writ petitions shall not come in the way of the BCCI to finalize the Constitution of JKCA and for electing a new body in consultation with all the stakeholders as directed in terms of the final order dated 23rd March 2021.
Meanwhile, the parties shall complete the pleadings so as to enable the court to proceed in the matter and decide the same on merits.
Court during the proceedings of the cases asked the JKCA counsel Rahul Panth about these issues and submitted that exercise has been undertaken and the only impediment to complete the same, is the dispute amongst the clubs, which is subject matter of some petitions before the court.
The court, however, clarified that the decision in these petitions is not related to finalizing the constitution of JKCA and for electing a new body. “The Court being conscious of the controversies/disputes, had already authorized the BCCI to take on board all the stakeholders, including the parties litigating before this court”, DB recorded.
“In the above background, it is made clear that pendency of these writ petitions shall not come in the way of the BCCI to finalize the constitution of JKCA and for electing a new body in consultation with all the stakeholders as already directed”, reads the order.
A batch of writ petitions have been filed by representatives of various clubs challenging the decision of the then Ombudsmen, JKCA, as appointed by the court at the relevant point of time.
Deputy Commissioners of Jammu as well of Srinagar are under direction to cooperate with the BCCI for ensuring implementation of the directions passed by the court for any requisitioned assistance.
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