HC dismisses City Cricket Club’s petition
Srinagar, Dec 31: The J&K High Court on Monday dismissed a petition seeking nullification of Memorandum of Association and Rules and Regulations by court-appointed administrators (CAAs) for Jammu and Kashmir Cricket Association (JKCA).
In the suit titled City Cricket Club, Srinagar and others versus Board of Control for Cricket in India (BCCI) and others, Justice Sanjeev Kumar found the writ petitions not maintainable and ordered their dismissal.
Interim direction(s), if any, shall stand vacated, he ordered adding “this, however, shall not preclude the petitioners to voice their grievance either before the Supreme Court appointed Administrators or before the Supreme Court, which is monitoring the implementation of its directions contained in the order dated 9th August 2018.”
Petitioners had sought to declare the Memorandum of Association and Rules and Regulations presented by CAA’s on behalf of respondents for JKCA and registered on October 03, 2018, as null and void.
It also sought a direction to respondents to convene an extraordinary General Council meeting in compliance with the mandate of Rule 20 of the Rules of JKCA and amend its rules in conformity with the recommendations made by the Lodha Committee, which have been accepted by the Supreme Court.
The petitioners, a clubs affiliated with JKCA, pleaded that the Supreme Court on 18th July 2016 constituted a committee headed by Justice R. M. Lodha, to look into the management and affairs of the BBCCI.
The recommendations submitted by the committee were accepted in entirety and the Supreme Court directed that the recommendations made are implemented.
Petitioners maintained that the Supreme Court while considering a 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.
The concerned agencies 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.
They claimed that the amendments should be restricted and limited in nature and should have to be on similar lines as that of the constitution of BCCI.
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 claim that that BCCI has been informed that a constitution on similar lines has been prepared strictly in accordance with the directions of the Supreme Court and it would be presented for registration, but copy of the constitution was not provided to BCCI, so as to enable it to derive the satisfaction as to what had been stated by respondents with regard to implementation of the Supreme Court directions.
Instead of complying the directions of the Supreme Court, the petitioners complain that JKCA has presented the Memorandum of Association, Rules and Regulations, which are not on similar lines with the directions passed by the Supreme Court on 13th October 2017 and 9th August 2018.
They stated that Registrar of Societies without deriving satisfaction as to the fact that the constitution which was only required to be amended and not to be replaced, has registered it on the date of its presentation itself, i.e. 3rd October 2018.
They averred that the Registrar has acted in haste in registering Memorandum of Association and Rules and Regulations notwithstanding the fact that a prior notice was served upon him informing about the “mischief sought to be done” in the form of presenting a constitution, which is not similar to the constitution of BCCI and has been prepared in violation of the direction passed by this court and the Supreme Court.