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2018 Supreme(J&K) 870

IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
SANJEEV KUMAR, J.
City Cricket Club, Srinagar and Ors. - Petitioners
Versus
Board of Control for Cricket in India and Ors. - Respondents
OWP No.1954 of 2018 c/w OWP No.1685 of 2018
Decided On : 31-12-2018

Advocates Appeared:
For the Petitioners:Mr. Jahangir Iqbal Ganai, Sr. Advocate with Mr. Suhail, Advocate
For the Respondent:Mr. Sunil Sethi, Sr. Advocate with Mr. Parimoksh Seth, Advocate , Mr. T.M. Shamsi, ASGI, Mr. Syed Faisal Qadiri and Mr. Javed Iqbal, Advocates.

Headnote:Rules of J&K Cricket Association-Rule 20-Cricket reforms-Lodha Committee Recommendations-Petitioners are Clubs, affiliated with Jammu and Kashmir Cricket Association (JKCA)-Supreme Court had taken upon itself task of monitoring implementation of reforms in game of cricket, recommended by COA of BCCI and approved by Supreme Court with certain modifications-Like other affiliated State Associations of BCCI, JKCA also came under obligation to set its house in order and incorporate in its Rules/Constitution recommendations of COA of BCCI-JKCA was in total disarray, inflicted by infighting between rival groups; each one jostling to control affairs of Association-There were serious allegations and criminal prosecutions launched against its office bearers with regard to huge financial bungling and squandering funds of Association-Directions issued by Supreme Court are clear and are not mere suggestions which could have been offered for considerations to General Council-Writ Petitions dismissed as not maintainable. (Paras 10, 26, 28 and 29)

JUDGMENT :

1. Petitioners are aggrieved of and seek to declare the Memorandum of Association and Rules and Regulations presented by respondent no.3 on behalf of respondents 4&5 and registered by respondent no.6 on 3rd October 2018, as null and void, with a direction to respondent no.2 to convene the Extraordinary General Council Meeting in compliance with the mandate of Rule 20 of the Rules of J&K Cricket Association and amend the Rules of the J&K Cricket Association in conformity with the recommendations made by the Lodha Committee, which have been accepted by the Supreme Court.

2. The case set up by the petitioners is that they are Clubs, affiliated with the Jammu and Kashmir Cricket Association (JKCA). It is averred that the Supreme Court by the Order dated 18th July 2016, in Civil Appeal no.4325/2014 and two other Civil Appeals, constituted a Committee, headed by Mr. Justice R. M. Lodha, to look into the management and affairs of the Board of Control for Cricket in India (for short “BCCI”). The recommendations submitted by the Committee, were accepted in entirety and the Supreme court directed the Committee to ensure that the recommendations made are implemented. BCCI and all the affiliate State Members/Associations were directed to cooperate and act in furtherance of the directives. The Committee, it is submitted, to have thereafter vide communication dated 28th August 2016, issued the guidelines for election of the State Associations and fixed the same on 15th November 2016. The Supreme Court, it is maintained, on 2nd January 2017, directed constitution of a Committee of Administrators to supervise the administration of BCCI through its Chief Executive Officer, with a further direction to ensure that the directions contained in the judgment dated 18th June 2016, passed by the Supreme Court are implemented. It is contended that the Committee of Administrators (for short “COA”) was constituted in compliance to the court direction dated 2nd January 2017 and thereafter the COA requested all members (State Association) to make available on their respective websites the names of their respective constituent members. The JKCA is stated to have, vide communication dated 7th August 2017, submitted a List of affiliated clubs with JKCA, in which the petitioners also figure. A total of 32 clubs including 07 government institutions are affiliated clubs of JKCA, who have voting right. A number of the writ petitions, according to petitioners, were filed before this Court, which were disposed of vide judgment dated 13th October 2017. The said judgment was challenged in various Letters Patent Appeals, with lead LPA no.196/2017. The said appeals were disposed of vide judgment dated 6th December 2017, upholding the judgment of the learned Single Judge with certain modifications therein. Petitioners maintain that the Supreme Court while considering Contempt Petition (Civil) no.47 of 2017, by the order dated 9th August 2018, directed that the full members of BCCI would undertake registration of their respective Constitutions. According to the petitioners, the respondents 2 to 4 are duty bound to amend the Constitution of JKCA on similar lines as that of the draft Constitution of BCCI as approved by the Supreme Court. The petitioners claim that the amendments should be restricted and limited in nature and have to be on similar lines as that of the Constitution of BCCI. It is also pleaded that respondent no.1 submitted its Constitution along with the Memorandum of Association and Rules and Regulations before the Registrar of Societies, which were registered on 21st August 2018. A communication dated 9th August 2018 had been addressed by BCCI to the State Associations/Full Members/Associate Members, to submit the compliance certificate as per the proforma attached with the said communication and get constitution of their associations registered on the similar lines as that of BCCI Constitution. The petitioners claims that reportedly respondent no























































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