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S. No. 28

HIGH COURT OF JAMMU &h475 KASHMIR AND LADAKH

AT JAMMU

WP(C) No. 3331/2025

CM No. 7868/2025

CM No. 7591/2025

Pronounced on: 26.12.2025

Uploaded on: 27.12.2025

Modern Cricket Club

...Petitioner(s)

Through:- Mr. Abhinav Sharma, Sr. Advocate with

Mr Abhirash Sharma, Advocate

v.

Board of Control for

Cricket in India (BCCI) and others

...Respondent(s)

Through:- Mr. Rahul Pant, Sr. Advocate with

Mr. Rajat Gupta, Advocate for R-1 & 2

Mr. Sachin Sharma, Advocate for R-5

Coram:

HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

ORDER

(Oral)

01/- In this petition petitioner, Modern Cricket Club, has challenged order

dated 19.03.2025, passed by respondent no. 4, whereby he has opined that

faction headed by Sh. Balbir Singh Chib be recognised for the limited purpose

of taking part in the voting for the forthcoming elections of Jammu and

Kashmir Cricket Association, (hereinafter to be referred as JKCA), with

respect to representation of Modern Cricket Club, Jammu. Petitioner-Club is

also seeking a direction upon respondent no. 2 to take over the entire control

of affairs for conducting of election of JKCA, in pursuance to the order dated

27.10.2025, passed by the Supreme Court, by ignoring order impugned dated

17.11.2025, issued by respondent no. 2 and further to issue election calendar

for the election of JKCA as per election norms and Constitution of JKCA,

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thereby, accepting the nomination paper of the President of the petitioner club

to participate in the election meeting of JKCA and to contest the election of

president of JKCA.

FACTUAL MATRIX

02/- The petitioner is a cricket club comprising of Twelve (12) members, out

of which five (5) are its office bearers and seven (7) are its executive

members. As per the petitioner, he is the President of the club since 1998.

JKCA has not been conducting its elections since July 2016, therefore, number

of petitions were instituted for conducting of elections of JKCA in terms of the

recommendations of Lodha committee, the petitions were clubbed and

disposed of by the this court vide order dated 23.03.2021 passed in LPA no.

14/2019, with a direction to BCCI to constitute a committee to run affairs of

JKCA, the said committee of BCCI was also directed to constitute a sub-

committee to run the affairs of JKCA, till the elections are held. Accordingly a

sub committee comprising of three members was constituted.

03/- The dispute with respect to delay in conducting the election of JKCA

was also agitated before Supreme Court in a Civil Appeal no. 4325/2014,

titled as Board of Control for Cricket in India v/s Cricket Association, Bihar &

Ors. Supreme Court vide order dated 27.10.2025 appointed respondent no.3 as

Electoral Officer for conducting the election of JKCA, in accordance with the

approved Constitution within a period of 12 weeks from the date of passing of

the order. Respondent no. 3, accordingly, accepted the assignment of being

Electoral Officer for conducting the election of JKCA.

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04/- The grievance of the petitioner is that the member administration,

JKCA, vide letter dated 12.11.2025, forwarded a copy of the order passed by

respondent no. 4 dated 19.03.2025, for information to the President of Modern

Cricket Club, Jammu, by referring the internal dispute of the Modern Cricket

Club, Jammu, with the allegations that there are two factions, one headed by

Balbir Singh Chib and other headed by Mr Sudarshan Mehta and opined that

the faction headed by Balbir Singh Chib be recognised for the limited purpose

of taking part in the voting for the forthcoming election of JKCA.

05/- It is stated that respondent no. 4 has found Shri Balbir Singh Chib as

valid representative of Modern Cricket Club only on the ground that he has

responded to the notice issued by respondent no. 4 and the petitioner had not

responded to the same. It is stated that the Ombudsman Respondent no. 4, has

passed the order impugned without jurisdiction on the ground that he was not

holding the charge of Ombudsman on 19.03.2025 and his term stood expired

on 01.11