In a significant decision, the Jammu and Kashmir High Court on Tuesday ordered the Board of Control for Cricket in India (BCCI) to immediately take over the functioning of Jammu and Kashmir Cricket Association (JKCA) till elections for it are held.
The Court also brought to an end the functioning of the Court Appointed Administrators (CAA) as also the appointment of Chief Executive Officer (CEO) of JKCA.
BCCI has been ordrered to run the management, control and administration of the JKCA immediately.
The Division Bench (DB) of Justice Ali Mohammad Magrey and Justice Puneet Gupta while disposing of a bunch of petitions filed by various stakeholders felt there was no further need of their continuation and, as such, discontinued the appointment of CAA and the CEO.
“In view of the challenge thrown to the amended Constitution, Memorandum of Association and Rules and Regulations framed by the CAA of the JKCA, coupled with the contentions raised about the mandate exercised by the CAA as well as the role played by the Chief Executive Officer (CEO) nominated by this Court, we, while appreciating the effort and endeavour made by the CAA as well as the CEO, feel that there is no further need of their continuation, as such, the CAA and the CEO of the JKCA appointed by this Court shall stand discontinued,” the court directed.
It directed the BCCI to run the management of the Association as an interim measure and till a new body of the JKCA is elected under its supervision with the further direction to CAA to immediately handed over the affairs of the same to new body.
The DB further directed the BCCI that while finalizing the amendment in the constitution of JKCA in conformity with the recommendations made by the Lodha Committee as approved by the Supreme Court, consult all the stakeholders, including the parties (i.e., the representatives of the erstwhile clubs of the JKCA as also of the District Cricket Associations now formed by the CAA) litigating before this Court.
“The BCCI shall ensure promoting of cricketing activities in Jammu and Kashmir as well as in Ladakh in tune with its approved Constitution and at par with other affiliated Associations from various States and Union Territories of the country”, DB directed.
The BCCI has been further directed to ensure that the required infrastructure on ground is improved and made available to the cricketers of Jammu and Kashmir and Ladakh without waiting for any audit report.
With regard to promoting the cricket activities in Union Territory of Ladakh, Court directed the BCCI to ensure promoting of cricketing activities in Jammu and Kashmir as well as in Ladakh in tune with its approved Constitution and at par with other affiliated Associations from various States and Union Territories of the country.
“The BCCI shall ensure that the required infrastructure on ground is improved and made available to the cricketers of Jammu and Kashmir and Ladakh without waiting for any audit”, reads the judgment.
The BCCI has to make endeavour to ensure that the boys and girls playing the game of cricket in Jammu and Kashmir and Ladakh, from different age groups, are provided all facilities to excel in the game of cricket not only on national, but also at international level.
Court directed the BCCI shall be authorized to appoint Committee, sub-Committee to run, administer, control and supervise the affairs of the JKCA till the elections are held and a body of the JKCA is elected under its supervision. “Where-after the administration, control and supervision of the JKCA shall be handed over to the newly elected office bearers of the Association”, the order reads.
Both the Deputy Commissioners of Jammu as well of Srinagar have been directed to cooperate with the BCCI for ensuring implementation of the directions passed by the court for any requisitioned assistance.
“They shall ensure preparation of inventory of movable and immovable property of the JKCA and furnishing the same, along with the list of assets and liabilities of JKCA as existing on the date of this judgment, to the BCCI during the course of this week”, reads the judgment.
