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Pendency of writ petitions shall not come in the way of finalizing JKCA constitution, electing new body: HC

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Srinagar: High Court of Jammu and Kashmir and Ladakh today observed that pendency of various writ petitions shall not come in the way of the BCCI to finalize the constitution of Jammu & Kashmir Cricket Association (JKCA) and electing a new body in consultation with all the stakeholders.

The High Court in March 2021 had asked the Board of Control for Cricket in India (BCCI) to manage, control and administer JKCA as an interim measure till a new body of the Association was elected.

Further direction to the BCCI had reference to finalizing the amendment in the constitution of the JKCA, in conformity with the recommendation made by the Lodha Committee as approved by the Supreme Court.

The High Court had also directed the Board to consult all the stakeholders, including the litigate parties. The contenders included representatives of the erstwhile clubs of the JKCA as also the District Cricket Associations.

The court had upheld the 2017 judgment of the single Judge and directed the disputes between different clubs affiliated to JKCA shall be resolved by an Ombudsman.

Accordingly, the court appointed Justice (retired) Syed Bashir-ud-din as the Ombudsman. Besides, the Division Bench appointed Ashiq Hussain Bukhari, former DIG, as Chief Executive Officer to assist the CAA to manage the affairs of the Association

As the matter came up for hearing today, Justices Ali Mohammad Magrey and Puneet Gupta asked Rahul Panth, counsel appearing for JKCA to respond on the mater.

While responding, Panth said that the exercise has been undertaken and the only impediment to complete the process is the dispute amongst the clubs, which is subject matter of some petitions.

“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”, he added.

The division bench held that the court is conscious of the controversies. “We have already authorized the BCCI to take on board all the stakeholders, including the parties litigating before this court”, it said.

The pendency of the writ petitions by different parties shall not come in the way of the BCCI to finalize the constitution of JKCA, the judges said adding “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, it added.

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