City Cricket Club Srinagar & Ors vs Board Of Control For Cricket In ...
2021 Latest Caselaw 341 j&K/2

                               HIGH COURT OF JAMMU AND KASHMIR
                                         AT SRINAGAR

                                                              Reserved On: 16th of March, 2021.
                                                           Pronounced On: 23rd of March, 2021.


                                                    LPAW No.14/2019 [LPA No.43/2019]
                                                          Along-with connected matters

           (i) LPAOW No. 14/2019 [LPA No.43/2019]:

           City Cricket Club Srinagar & Ors.
                                                              ... Petitioner(s)/ Appellant(s)
                                   Through:
                                   Mr R. A. Jan, Senior Advocate with
                                   Mr Aswad Attar, Advocate;

                                   Mr Mohsin S. Qadri, Senior Advocate with
                                   Mr Mohammad Tahseen, Advocate;

                                   Mr Z. A. Shah, Senior Advocate with
                                   Mr Salih Pirzada, Advocate for intervener(s);

                                   Mr B. A. Bashir, Senior Advocate with
                                   Ms Falak Bashir, Advocate for intervener(s) and

                                   Mr Parveen Kapahi, Advocate for intervener(s).

                                                 Versus

           Board of Control for Cricket in India & Ors.
                                                                           ... Respondent(s)

Through:

Mr Sunil Sethi, Senior Advocate with Mr Navyug Sethi, Advocate; and

Mr Syed Faisal Qadri, Senior Advocate with M/s Jasiya Ali, Yasir Aijaz Tak & Shahbaz Sikandar Mir, Advocates.

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

(ii) MCC No. 12/2018:

Jammu and Kashmir Cricket Association, Srinagar & Ors.

... Petitioner(s)/ Appellant(s) Through:

None.

Versus

Gurmeet Singh & Ors.

... Respondent(s)

Through:

Mr Sunil Sethi, Senior Advocate with Mr Navyug Sethi, Advocate.

(iii) WP(C) No. 1815/2020:

Nisar Ahmad Khan & Ors.

... Petitioner(s)/ Appellant(s) Through:

Mr Z. A. Shah, Senior Advocate with Mr Salih Pirzada, Advocate;

Versus

Board of Control for Cricket in India & Ors.

... Respondent(s)

Through:

Mr Sunil Sethi, Senior Advocate with Mr Navyug Sethi, Advocate; and

Mr Syed Faisal Qadri, Senior Advocate with M/s Jasiya Ali, Yasir Aijaz Tak & Shahbaz Sikandar Mir, Advocates.

(iv) WP(C) No. 2059/2020:

Javed Ahmad Kitab.

... Petitioner(s)/ Appellant(s)

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

Through:

Mr Hilal Ahmad Wani, Advocate

Versus

Muslim Cricket Club & Ors.

... Respondent(s)

Through:

Mr Syed Faisal Qadri, Senior Advocate with M/s Jasiya Ali, Yasir Aijaz Tak & Shahbaz Sikandar Mir, Advocates; and

Mr Nisar Ahmad Bhat, Advocate.

(v) WP(C) No. 2070/2020:

Ahmad Ali.

... Petitioner(s)/ Appellant(s) Through:

Mr Z. A. Shah, Senior Advocate with Mr Salih Pirzada, Advocate.

Versus

Board of Control for Cricket in India & Ors.

... Respondent(s)

Through:

Mr Sunil Sethi, Senior Advocate with Mr Navyug Sethi, Advocate.

(vi) WP(C) No. 2155/2020:

Muzaffar Jan & Ors.

... Petitioner(s)/ Appellant(s) Through:

Mr Hilal Ahmad Wani, Advocate.

Versus

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

Mohammad Saleem Khan & Ors.

... Respondent(s)

Through:

Mr Syed Faisal Qadri, Senior Advocate with M/s Jasiya Ali, Yasir Aijaz Tak & Shahbaz Sikandar Mir, Advocates.

(vii) WP(C) No. 3653/2019:

Hilal Ahmad Zargar & Ors.

... Petitioner(s)/ Appellant(s) Through:

Mr Hilal Ahmad Wani, Advocate.

Versus

Baramulla Cricket Club & Ors.

... Respondent(s)

Through:

Mr Syed Faisal Qadri, Senior Advocate with M/s Jasiya Ali, Yasir Aijaz Tak & Shahbaz Sikandar Mir, Advocates.

(viii) WP(C) No. 3738/2019:

Iqbal Ahmad Shah Jan & Ors.

... Petitioner(s)/ Appellant(s) Through:

Mr Hilal Ahmad Wani, Advocate.

Versus

Kashmir Gymkhana Cricket Club & Ors.

... Respondent(s)

Through:

Mr Syed Faisal Qadri, Senior Advocate with

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

M/s Jasiya Ali, Yasir Aijaz Tak & Shahbaz Sikandar Mir, Advocates.

(ix) OWP No. 2284/2018:

Youth Cricket Club & Ors.

... Petitioner(s)/ Appellant(s) Through:

Mr Sheikh Faraz Iqbal, Advocate.

Versus

Jammu and Kashmir Cricket Association & Ors.

... Respondent(s)

Through:

Mr Sunil Sethi, Senior Advocate with Mr Navyug Sethi, Advocate; and

Mr Syed Faisal Qadri, Senior Advocate with M/s Jasiya Ali, Yasir Aijaz Tak & Shahbaz Sikandar Mir, Advocates.

(x) OWP No. 2299/2018:

United Cricket Club & Anr.

... Petitioner(s)/ Appellant(s) Through:

Mr Jahangir Iqbal Ganai, Senior Advocate with Ms Humaira Shafi, Advocate.

Versus

Jammu and Kashmir Cricket Association & Ors.

... Respondent(s)

Through:

Mr Sunil Sethi, Senior Advocate with Mr Navyug Sethi, Advocate; and

Mr Syed Faisal Qadri, Senior Advocate with

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

M/s Jasiya Ali, Yasir Aijaz Tak & Shahbaz Sikandar Mir, Advocates.

(xi) WP (C) No. 4524/2019:

Desh Rattan Dubey.

... Petitioner(s)/ Appellant(s) Through:

Mr Achyut Dubey, Advocate.

Versus

Board of Control for Cricket in India & Ors.

... Respondent(s)

Through:

Mr Sunil Sethi, Senior Advocate with Mr Navyug Sethi, Advocate; and

Mr Syed Faisal Qadri, Senior Advocate with M/s Jasiya Ali, Yasir Aijaz Tak & Shahbaz Sikandar Mir, Advocates.

(xii) WP (C) No. 1404/2020:

Desh Rattan Dubey.

... Petitioner(s)/ Appellant(s) Through:

Mr Achyut Dubey, Advocate.

Versus

Board of Control for Cricket in India & Ors.

... Respondent(s)

Through:

Mr Sunil Sethi, Senior Advocate with Mr Navyug Sethi, Advocate; and

Mr Syed Faisal Qadri, Senior Advocate with

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

M/s Jasiya Ali, Yasir Aijaz Tak & Shahbaz Sikandar Mir, Advocates.

(xiii) WP (C) No. 1860/2020:

District Kathau Cricket Association & Ors.

... Petitioner(s)/ Appellant(s) Through:

Mr Syed Shakeel Ahmad, Advocate.

Versus

Board of Control for Cricket in India & Ors.

... Respondent(s)

Through:

Mr Sunil Sethi, Senior Advocate with Mr Navyug Sethi, Advocate; and

Mr Syed Faisal Qadri, Senior Advocate with M/s Jasiya Ali, Yasir Aijaz Tak & Shahbaz Sikandar Mir, Advocates.

(xiv) WP (C) No. 1998/2020:

Desh Rattan Dubey.

... Petitioner(s)/ Appellant(s) Through:

Mr Achyut Dubey, Advocate.

Versus

Board of Control for Cricket in India & Ors.

... Respondent(s)

Through:

Mr Sunil Sethi, Senior Advocate with Mr Navyug Sethi, Advocate; and

Mr Syed Faisal Qadri, Senior Advocate with

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

M/s Jasiya Ali, Yasir Aijaz Tak & Shahbaz Sikandar Mir, Advocates.

CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge Hon'ble Mr Justice Puneet Gupta, Judge (JUDGMENT) {Per Magrey; J}:

I. Subject matter of the present litigation:

01. The subject matter of challenge in the Letters Patent Appeal

before us, being LPAOW No.14/2019, is the judgment dated 31 st of

December, 2018 passed by the learned Single Judge in two Writ petitions

bearing OWP Nos. 1954/2018 and 1685/2018, whereby the said Writ petitions

stand dismissed. In the aforesaid Writ petitions, the petitioners/ appellants

herein had sought declaration from the learned Single Judge declaring the

Memorandum of Association and the Rules and Regulations framed by the

Court Appointed Administrators (hereinafter referred to as "the CAA") on 3rd

of October, 2018 as null and void, with a further direction to the Jammu and

Kashmir Cricket Association (for short "the JKCA") to convene the

extraordinary General Council Meeting in compliance with the mandate of

Rule 20 of the Rules of the JKCA and amend the Rules of the JKCA in

conformity with the recommendations made by the Lodha Committee which

have been accepted by the Hon'ble Supreme Court with certain modifications.

02. Thereafter, several Writ petitions came to be filed in both wings

of this High Court, some challenging the mandate of the CAA in framing the

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

Memorandum of Association and Rules and Regulations so presented, viz. (i)

OWP No.2284/2018 titled 'Youth Cricket Club v. BCCI & Ors.' (filed in

Jammu wing); (ii) OWP No.2299/2018 titled 'United Cricket Club v. BCCI

& Ors.' (filed in Jammu wing); (iii) WP(C) No.4524/2019 titled 'Desh Ratan

Dubey v. BCCI & Ors.' (filed in Jammu wing); (iv) WP(C) No.1404/2020

titled 'Desh Ratan Dubey v. BCCI & Ors.' (filed in Jammu wing); and (v)

WP(C) No.1998/2020 titled 'Desh Rattan Dubey v. BCCI & Ors.' (filed in

Jammu wing); and some in support of the Constitution/ Memorandum of

Association framed by the CAA, being (i) WP(C) No.1860/2020 titled

'District Kathua v. BCCI & Ors.' (filed in Jammu wing); (ii) WP(C)

No.1815/2020 titled 'Nisar Khan & Ors. v. BCCI & Ors.' (filed in Srinagar

wing); and (iii) WP(C) No.2070/2020 titled 'Ahmad Ali v. BCCI & Ors.'

(filed in Srinagar wing). Besides, a review petition, MCC No.12/2018, has

also been filed seeking review of judgment dated 6 th of December, 2017

passed by the Division Bench of this Court. Since, the issues raised in the

aforesaid petitions are akin to the ones involved in the Letters Patent appeal,

as such, all these petitions stand clubbed herewith this appeal for their decision

together. In this backdrop, we propose to decide the appeal as well as the

aforesaid connected petitions by virtue of this common judgment.

II. Genesis of the present litigation:

03. Before coming to the arguments of the learned appearing counsel

for the parties, we deem it appropriate to have a glance at the precise

background facts wherein the genesis of the present litigation lies, as is

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

brought to limelight from the perusal of the pleadings on record. It was way

back in the year 1957 that on the initiative of the Kashmir Cricket Club, a

process for formation of the JKCA was set in motion, resulting in constitution

of a Sub-Committee consisting of six members, headed by one Qazi Ghulam

Rasul. This Committee was tasked to prepare the modalities for formation of

the JKCA of all the Clubs and Colleges in Jammu and Kashmir. On the basis

of the report so prepared by the aforesaid Sub-Committee, the Rules of the

JKCA were framed and the JKCA was registered as a Society under the

Jammu and Kashmir Societies Registration Act, vide registration No. S-41

dated 29th of August, 1957. Thereafter, since then, it is the JKCA that has been

running the affairs of the administration of the game of cricket in Jammu and

Kashmir. Subsequently, with the passage of time, the game of cricket attained

huge popularity which resulted in association of the things like money, power,

glamour and fame with it. This not only affected the functioning of the Cricket

Associations of other States of the country, but the JKCA also did not remain

unaffected. Resultantly, it was the game of cricket that suffered immensely.

Besides, the BCCI, an Apex Body to control the activities of the game of

cricket in India, too came to be afflicted with all kinds of depravities.

Resultantly, multiple litigations arose at various forums and the matter,

subsequently, cropping up before the Hon'ble Supreme Court in case titled

'Board of Control for Cricket in India & Others v. Cricket Association of

Bihar & Others; (2015) 3 SCC 251'. The Hon'ble Supreme Court, in view of

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

the nature of public interest involved in the game of cricket, at Paragraphs

120.2 to 120.4, observed as under:

"120.2. The quantum of punishment to be imposed on Mr Gurunath Meiyappan and Mr Raj Kundra as also their respective franchisees/ teams/ owners of the teams shall be determined by a committee comprising the following:

(i) Hon'ble Mr Justice R. M. Lodha, former Chief Justice of India - Chairman.

(ii) Hon'ble Mr Justice Ashok Bhan, former Judge, Supreme Court of India - Member.

(iii) Hon'ble Mr Justice R. V. Raveendran, former Judge, Supreme Court of India - Member.

The Committee shall, before taking a final view on the quantum of punishment to be awarded, issue notice to all those likely to be affected and provide to them a hearing in the matter. The order passed by the Committee shall be final and binding upon BCCI and the parties concerned subject to the right of the aggrieved party seeking redress in appropriate judicial proceedings in accordance with law.

120.3. The three-member Committee constituted in terms of sub-para 120.2, above, shall also examine the role of Mr Sundar Raman with or without further investigation, into his activities, and if found guilty, impose a suitable punishment upon him on behalf of BCCI. Investigating team constituted by this Court under Shri B.B. Mishra shall for that purpose be available to the newly constituted Committee to carry out all such investigations as may be considered necessary, with all such powers as were vested in it in terms of our order dated 16-5-2014.

120.4. The three-member Committee is also requested to examine and make suitable recommendations to BCCI for such reforms in its practices and procedures and such amendments in the memorandum of association, rules and regulations as may be considered necessary and proper on matters set out by us in para 119 of this order."

04. The Committee so appointed by the Hon'ble Supreme Court

under the Chairmanship of the former Chief Justice of India, Justice R. M.

Lodha, was tasked to recommend wholesome reforms in the administration of

the game of cricket in India in keeping with the extent of public interest

involved therein. The Committee, accordingly, submitted its

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

recommendations before the Hon'ble Supreme Court which were accepted by

the Hon'ble Supreme Court subject to certain modifications/ clarifications as

set out in the judgment dated 18th of July, 2016, reported as 'Board of Control

for Cricket in India & Others v. Cricket Association of Bihar & Others;

(2016) 8 SCC 535'. While accepting the recommendations made by the Lodha

Committee, the Supreme Court requested it to draw the appropriate timeline

for implementation of the recommendations and supervise the implementation

thereof.

05. These recommendations/ guidelines of the Lodha Committee, as

approved by the Hon'ble Supreme Court vide its decision dated 18 th of July,

2016 (supra), became the basis for effecting necessary reforms in the

administration of the game of cricket in the entire country. The guidelines

formulated by the Lodha Committee also mandated the affiliate State

Associations of the BCCI to effect necessary amendments in their Rules/

Memorandum of Association/Constitutions so as to bring them in tune with

the recommendations made by the Lodha Committee as approved by the

Hon'ble Supreme Court. Consequently, like other affiliated State

Associations of the BCCI, the JKCA also came under an obligation to

incorporate the recommendations of the Lodha Committee in its

Rules/Constitution. The JKCA was, however, in total disarray, as a result of

the infighting between rival groups striving to gain control of the affairs of the

Association, thereby making it impossible for the existing body of the JKCA

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

to implement the recommendations/ guidelines of the Supreme Court

appointed Committee. Given this position, a number of Writ petitions came

to be filed in both wings of this High Court. Finally, on 13th of October, 2017,

all these clubbed petitions, with lead case titled 'Gurmeet Singh v. State of

JK & Others', were decided by a learned Single Judge of this Court. The

learned Single Judge, in its decision, after taking note of the sorry state of

affairs that was prevailing in the management of the JKCA and having found

that the terms of office of the officer bearers of the Association had expired,

disposed of the petitions on the following terms:

"...

16. In view of preceding analysis I deem it appropriate to issue the following directions:

I. That Mr Justice C. K. Prasad, retired Judge of the Supreme Court and Mr Justice Syed Rafat Alam, Chief Justice of M.P. and Allahabad High Courts shall act as Administrators of the J&K Cricket Association to ensure free and fair elections.

II. The Administrators shall ensure that the rules of the J&K Cricket Association are amended inconformity with the recommendations made by the Lodha Committee which has already been accepted by the Supreme Court.

III. The BCCI and the Association shall render all assistance to the Administrators, to effectively perform their duties.

IV. The expenditure to be incurred for travelling expenses and for stay of Administrators shall be borne by the Association. In addition the Administrators shall be entitled to remuneration of Rs.75000/- each per working day.

V. The Administrators shall ensure that elections of office bearers of Association are held after amendment of the rules for electing office bearers of the Association.

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

VI. The Administrators shall also be at liberty to appoint an Ombudsman who shall decide the disputes between the members affiliated to the Association.

VII. The police authorities are directed to deposit the amount seized by it in favour of the Association. The treasurer shall not expend the amount so received in the account of the Association without approval of the Administrators. The Administrators may also appoint a financial advisor, who shall maintain proper accounts. The Administrators shall also be at liberty to appoint Ombudsman if so advised. After elections are held the newly elected body shall be entitled to expend the amount as per norms of BCCI.

VIII. Let the aforesaid exercise be completed within a period of 2 months."

06. The order aforesaid passed by the learned Single Judge was assailed

before the learned Division Bench of this Court in five Letters Patent Appeals.

All these Appeals, too, were clubbed together and disposed of on 6th of

December, 2017. The Division Bench of this Court, of which one of us

(Magrey; J was a member) upheld the judgment of the learned Single Judge

with certain modifications to the effect that the disputes inter se different clubs

affiliated to JKCA shall be resolved by an Ombudsman to be appointed by the

Court and not by the CAA and, accordingly, appointed Mr Justice Syed

Bashir-ud-din (retired) as the Ombudsman to settle the disputes of different

affiliated members of the Association. Besides, the Division Bench was also

of the view that there shall be a Chief Executive Officer to assist the CAA to

manage the affairs of the Association and, consequently, appointed Mr Ashiq

Hussain Bukhari, IPS, DIG (retired), to be the Chief Executive Officer of the

Association. Thereafter, the CAA took over the charge of the Association and

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

embarked upon the exercise to carry out the mandate of the directions so

passed by this Court.

07. During the interregnum, the draft Constitution of the BCCI and

the suggestions received with respect thereto from the State Cricket

Associations and other parties together with the comments of the Committee

of Administrators of the BCCI on the proposed suggestions came to be

submitted before the Hon'ble Supreme Court in the status report dated 12th of

January 2018. Thereafter, the Hon'ble Supreme Court considered the

suggestions so made by all the stakeholders in regard to the draft Constitution

and accepted the said draft Constitution, subject to certain modifications as

detailed out in the judgment dated 9th of August 2018, paragraph No. 45

whereof, being of great relevance, is reproduced hereunder verbatim:

"45. Having regard to the fact that the draft Constitution submitted by the CoA on 27-10-2017 has now been approved by this Court subject to the aforesaid modifications, we issue the following directions:

45.1. The Registrar of Societies under the Tamil Nadu Societies Registration Act, 1975 shall upon the presentation of the said Constitution by the CEO, register the documents forthwith and report compliance by way of a report to the Secretary General of this Court within four weeks;

45.2. Upon the registration of the said Constitution of BCCI, each of the members shall undertake registration of their respective Constitutions on similar lines within a period of 18. days thereafter. A compliance certificate must be furnished to the CoA, which shall file a status report before this Court with reference to the compliance undertaken by the State Associations; and

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

45.3. In the event that any State Association does not undertake compliance with the above said directions, the directions contained in the orders of this Court dated 7 October 2016 and 21 October 2016 shall revive."

08. The upshot of the above factual discourse is that the draft Constitution,

having been approved by the Hon'ble Supreme Court subject to certain

modifications vide judgment dated 9th of August 2018, has been taken to be

the final Constitution of the BCCI. Apart from this, the directions of the

Supreme Court also required each of the members of the BCCI, which would

include JKCA as well, to undertake registration of their respective

Constitutions on similar lines in accordance with the recommendations of the

Lodha Committee as approved by the Hon'ble Supreme Court. In other words,

the affiliated Associations, including the JKCA, are obliged in law to bring

their respective Constitutions in line with the Constitution of BCCI approved

by the Supreme Court subject to the modifications made by the Supreme Court

in terms of the order dated 9th August 2018. Accordingly, the CAA of the

JKCA framed the Memorandum of Association and Rules and Regulations

and got it registered from the competent authority on 3rd of October, 2018.

The petitioners/ appellants in LPAOW No.14/2019 contend that the CAA of

the JKCA went beyond its given mandate of amending the earlier constitution

of the JKCA, registered in the year 1957, in line with the recommendations of

the Lodha Committee as approved by the Supreme Court by framing a

completely new Constitution of the JKCA and got the same registered with

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

the registering authority. It is averred that this whole exercised, as undertaken

by the CAA, is against the mandate of the CAA of the JKCA given by the

learned Single Judge of this Court and upheld by the Division Bench of this

Court with certain modifications, as detailed hereinabove. The learned Single

Judge, after considering the rival contentions, dismissed the Writ petitions of

the petitioners/ appellants by holding that the issue as to whether the

Constitution of JKCA is in line with the constitution of the BCCI and the

recommendations of the Lodha Committee as approved by the Supreme Court

lies within the domain of the Supreme Court appointed Administrators in light

of the directions issued by the Supreme Court in its order dated 9 th of August,

2018 which, as per the learned Single Judge, obviated the necessity of going

into the rival claims on the issue articulated by the parties. This judgment of

the learned Single Judge is assailed by the appellants before this Court.

III. Arguments of the counsel for the Parties:

09. Mr R. A. Jan, the learned Senior Counsel, appearing on behalf of

the appellants, submits that the judgment of the learned Single Judge

dismissing the petition filed by the appellants on the ground of maintainability

is against the facts of the case inasmuch as the appellants are the basic

members of the JKCA who have brought the Association in existence and

have been running its affairs for last more than 50 years along-with other

members of the Association. It is further submitted that none of the orders/

judgments passed, either by the Hon'ble Supreme Court or by this Court, gave

an absolute authority to the CAA to completely repeal the earlier Constitution

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

of the JKCA and frame a new one in the shape of the impugned 'Memorandum

of Association and Rules and Regulations' without consulting the General

Council of the Association which was in place and existing at that point of

time. It is contended that the learned Single Judge was well within its powers

to examine the question framed by the appellants in their petition as to whether

the Memorandum of Association and Rules and Regulations drafted by the

CAA were in conformity with the recommendations/ guidelines of the Lodha

Committee as approved by the Hon'ble Supreme Court while exercising

jurisdiction under Article 226 of the Constitution of India. Mr Jan further

proceeded to state that the directions passed by the Hon'ble Supreme Court

on the subject, from time to time, did not put any restriction on the powers of

this Court or any other High Court of the country to examine the issue as to

whether the Rules/ Constitution of any Association/affiliate member is

consistent with the Constitution of the BCCI nor does any law, for the time

being in force, put such restriction on this Court which is well within its

powers to go into the question of determining as to whether the

Rules/Memorandum of Association/ Constitution of the JKCA drafted by the

CAA were in agreement with the Constitution of BCCI, as approved by the

Hon'ble Supreme Court. It is next contended by the learned Senior counsel

that a bare perusal of the Memorandum of Association/ Rules and Regulations

drafted by the CAA makes it clearly axiomatic that the same has changed the

basic structure/ Constitution of the JKCA inasmuch as the basic members who

founded the Association have been ousted from the Association and kept out

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

of the purview of the membership of the Association by giving a new concept

of District Members and District Recognized Associations. It is argued that

this change in the original composition of the JKCA is not only beyond the

scope of the mandate given to the CAA, but it also runs contrary to the

findings of the Hon'ble Supreme Court rendered in its judgment dated 18th of

July, 2016. The learned Senior Counsel has pleaded that the CAA, who have

no experience in the game of Cricket, were required to follow the procedure

as provided under Rule 20 of the Rules of the Association prevailing at the

relevant point of time for making amendment in the Rules of the Association

so as to bring these Rules in line with the recommendations of the Lodha

Committee, as approved by the Hon'ble Supreme Court, but, the CAA, as per

the learned Senior counsel, acted in an illegal and arbitrary manner in

replacing the original Rules of the JKCA with a new set of the Rules which

are not only inconsistent to the original Rules, but also beyond their mandate

and jurisdiction. The next argument put forth by the learned Senior Counsel

is that the CAA have been appointed by the Court only as an interim measure

in place of such elected office bearers who faced disqualification in view of

the recommendations of the Lodha Committee, as approved by the Hon'ble

Supreme Court, to conduct free and fair elections of the Association after

amending the Rules of the Association in conformity with the BCCI rules and

registering the same with the Registrar of Societies, but they, while usurping

the powers of the General Council of the JKCA, amended/repealed the

existing rules of the Association on their own with a completely new set of

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

Rules. In the light of these submissions, Mr Jan seeks setting aside of the

judgment of the learned Single Judge and, consequently, grant of such relief

as was prayed for by the appellants in their Writ petitions.

10. Mr Z. A. Shah, the learned Senior Counsel representing the

interveners/ petitioners in WP(C) Nos. 1815/2020 and 2070/2020, submitted

that in order to accomplish the requirements of the Lodha Committee, as

approved by the Hon'ble Court, which seek to decentralize and democratize

the cricketing institutions, both at the National as well as the State level,

necessary amendments with the approval of the BCCI were made in the earlier

constitution of the JKCA. It is submitted that the object of ending the

monopoly of a few Clubs and replacing them with District Associations was

to adopt the policy of 'territorial representation' for the formation of the

Association and ending the earlier practice of denial of representation to each

and every territory of Jammu and Kashmir in the JKCA. Mr Shah contends

that the formation of District Associations at this stage cannot be unsettled at

all, that too in absence of any regulatory authority over the JKCA. It is argued

that the respondent-BCCI has become 'functus officio', both for the expiry of

mandate of office as well by discharge of undertaking, as such, is devoid of

authority to take any progressive or regressive action. The action of

respondent-BCCI, as stated, is manifestly motivated and cannot be permitted

to camouflage the functioning of valid District Associations with the object

of destabilizing the existence of the petitioners attained in a systematic manner

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

in furtherance to the directions passed by the Hon'ble Supreme Court. It is

also pleaded that the concept of 'Territorial Representation' formulated by the

JKCA does suffer from any vice and that the same is, in fact, aimed at

improving the game of Cricket in Jammu and Kashmir at grass root levels.

The learned senior counsel averred that in case the affairs of the JKCA are

permitted to be handed over to the respondent-BCCI, the very functioning of

the JKCA is likely to decimate which would correspondingly eliminate the

very object of the recommendations of the Lodha Committee.

11. Mr B. A. Bashir, learned Senior counsel appearing for the

interveners submitted that he has filed two applications on behalf of Mr Niyaz

Ahmad Bhat S/o Abdul Khaliq Bhat R/o Buchpora, Srinagar, Elected General

Secretary of Kashmir Gymkhana Cricket Club, Safa Kadal, Srinagar, one for

seeking intervention in the appeal (CM No.3537/2020) and the other for

preventing appellant No.3 to represent Kashmir Gymkhana Cricket Club (CM

No.4369/2020), besides one on behalf of Mr Showkat Ahmed Bhat S/o Ali

Mohammad Bhat R/o Drangbal, Baramulla, seeking substituting/ impleading

as Secretary of Baramulla Cricket Club to prosecute as appellant No.2 in the

appeal in place of Mr Hilal Ahmed Zargar (CM No.1313/2021). When

apprised that disputes inter se the clubs affiliated with the JKCA have been

decided by the then Ombudsman of the JKCA, which decisions have been

subsequently assailed in appropriate proceedings by the aggrieved parties, and

that same do not fall within the ambit of the subject matter of the proceedings

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

before this Court, as rightly pointed out by learned counsel for the appellants,

Mr Bashir fairly submitted that notwithstanding such position, he be permitted

to put forth his arguments in regard to the decision of the CAA in framing the

new Memorandum of Association and Rules of Regulations of the JKCA as

intervener. This submission of the learned Senior counsel was acceded to and

he was heard on the aforesaid issue of the exercise undertaken by the CAA.

In this behalf, Mr Bashir while supporting the argument of Mr Jan, learned

Senior counsel representing the appellants, contended that the mandate of the

CAA was only to ensure conduct of free and fair elections of the positions in

the JKCA after incorporating necessary amendments in the existing rules of

the JKCA in tune with the recommendations of the Lodha Committee, as

approved by the Hon'ble Supreme Court, but the CAA went beyond the said

mandate by completely repealing the earlier constitution of the Association

and framing the new one styled as 'Memorandum of Association and Rules

of Regulations'.

12. Mr Jahangir Iqbal Ganai, learned Senior counsel appearing for

the petitioners in WP(C) 2299/2018, while adopting the arguments of Mr Jan,

learned senior counsel for the appellants in toto, submitted that the CAA was

appointed only as an interim measure in place of such office bearers who were

disqualified from holding the office and did not, in any manner, replace the

General House/ Council of the JKCA. It is contended that the mandate of the

CAA was only restricted to holding of free and fair elections of the JKCA

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

after bringing the earlier Rules of 1957 of the Association in tune with the

recommendations of the Lodha Committee, as approved by the Hon'ble

Supreme Court, which they exceeded by framing a completely new

constitution in the shape of Memorandum of Association and Rules and

Regulations.

13. Mr Sunil Sethi, learned Senior Counsel representing the BCCI,

submitted that the learned Single Bench of this Court in OWP No. 787/17

titled Gurmeet Singh & Ors. v. State of JK & Ors., along with 4 other clubbed

matters, after hearing all the parties and on the request of the BCCI, in terms

of judgment dated 13th of October, 2017, appointed Administrators to amend

the constitution of the JKCA as per the recommendations of the Lodha

Committee within two months in view of the bar put by the said

recommendations on the then office bearers of the JKCA. It is stated that, at

the said moment, there were two factions in the JKCA who were claiming to

be its office bearers, with one group headed by Dr Farooq Abdullah; and the

other by Mr lmran Raza Ansari. The dispute between these two factions of

JKCA, each claiming to be office bearers, led to filing of number of litigations

in different Courts of Jammu and Kashmir, thereby hampering the object of

promoting the activities of cricket in Jammu and Kashmir. Thereafter, the

judgment aforesaid came to be assailed by as many as five appeals before the

Division Bench of this Court. All these appeals were, subsequently, heard by

the Division Bench and disposed of vide judgment dated 6th of December,

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

2017 by upholding the judgment of the learned Single Judge, subject to certain

modifications, including appointment of Chief Executive Officer as well as

Ombudsman to assist the CAA. It is contended that in the light of the aforesaid

position, the CAA of the JKCA were thus required to take up the exercise of

incorporating necessary amendments in the JKCA Constitution/

Memorandum of Association/ Rules on similar lines to that of the draft

Constitution of the BCCI as approved by the Hon'ble Supreme Court,

meaning thereby that such amendments had to be restricted and limited to the

extent of bringing the constitution of JKCA in conformity with the

constitution of BCCI keeping in view the recommendations of the Lodha

Committee, however, the CAA of the JKCA completely repealed the

constitution of the JKCA resulting in withdrawal of memberships as well as

voting rights of the cricketing clubs who were members of JKCA. It is argued

that on the basis of the directions dated 13th of August, 2019 of the Committee

of Administrators appointed by the Hon'ble Supreme Court, an e-mail was

sent to the CAA of the JKCA on 10th of September, 2019, thereby directing

them to immediately amend the membership structure and induct the excluded

cricket Clubs as members of JKCA with voting rights and other associated

rights of cricketing Clubs affiliated to the JKCA, but the CAA, in response

through its e-mail dated 19th of September, 2019, expressed its inability to

induct the Clubs by referring to the concept of District Associations created

by it. In this context, it is contended that CAA of the JKCA travelled beyond

the scope of the recommendations of the Lodha Committee while excluding

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

the cricketing Clubs who were the basic members of the JKCA and introduced

the concept of District Associations in all Districts of Jammu and Kashmir. It

is next contended that the BCCI has been receiving multiple complaints

against the conduct of the CAA of the JKCA and since the BCCI is entrusted

with the responsibility of ensuring that cricketing activities throughout the

country, including the Union Territory of Jammu and Kashmir, are not

affected, the BCCI, in its Apex Council meeting held an 17th of July, 2020,

has taken a decision to put the JKCA under the supervision and control of an

ad hoc Committee for proper administration and management of the game of

cricket in Jammu and Kashmir and to streamline the functioning, affairs and

management of JKCA, subject to requisite permission and/or directions from

this Court.

14. Mr Syed Faisal Qadri, learned Senior counsel, representing the

JKCA, submitted that the CAA of the JKCA are working under the command

of this Court and, have been not only discharging their obligations to the best

of their satisfaction, but also in tune with the directions of this Hon'ble Court

as well as the Hon'ble Supreme Court. It is contended that right from the date

of taking over the affairs of the JKCA on the directions of this Court, the CAA

has streamlined the otherwise derailed and scam-ridden JKCA in all respects,

resulting in nourishing of cricketing activities in the far-flung areas of Jammu

and Kashmir, including Ladakh, Kupwara, Bhaderwah, Rajouri, etc. It is

pleaded that the JKCA was earlier being run by a total 32 Cricketing Clubs;

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

which were based either in Jammu City or Srinagar City, with no club from

any other District being part of the JKCA. The result of this, as stated, was

that if any cricketer, who wanted to play cricket and dreamt of opting it as his

career, was required to migrate from his parent District and travel to either

Jammu or Srinagar for the same which required lot of financial support and,

eventually, many talented sportsmen chose otherwise. It is stated that all these

years the command, including voting rights for the JKCA, was restricted only

to these 32 Clubs creating hegemony and monopoly and that the concept of

'District Associations' was bought in to remove these difficulties being faced

by cricketers of other Districts. Besides, it is contended that the team

selections, at in all levels, are undertaken fairly including members of squads

from all across Jammu and Kashmir. It is argued that the responsibilities

assigned to the answering respondents were to ensure that the rules of JKCA

are amended in conformity with recommendations made by Lodha Committee

having been accepted by the Hon'ble Supreme Court; to ensure that elections

of officer bearers of the JKCA are held after amendment of the rules; and to

run the affairs of the JKCA till rules are amended and elections are held.

Accordingly, as stated, the CAA took charge of the assignment in December,

2017 and the process of amendment of rules, after due deliberation with all

stakeholders, concluded on 3rd of October, 2018, by way of registering the

amended Constitution, i.e., within a period of 09 months from taking over as

CAA. Thereafter, the amended Constitution was challenged by the appellants

herein by medium of Writ petitions before the learned Single Bench, which

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

petitions came to be dismissed on 31st of December, 2018 and this judgment

of the learned Single Judge is, now, under challenge herein the instant appeal.

Therefore, it is pleaded that the primary task of amending the Constitution

was concluded in October 2018, whereafter the aforesaid litigation(s) have

been initiated before various Courts, including this Court, thereby protracting

the culmination of the role of the CAA.

15. Mr Syed Shakeel Ahmad, learned counsel, appearing in WP(C)

No.1860/2020, supported the arguments advanced by Mr Z. A. Shah, learned

Senior counsel, while defending the exercise undertaken by the CAA of the

JKCA in framing the new constitution/ rules. The learned counsel submitted

that the Memorandum of Association and Rules and Regulations framed by

the CAA is in accordance with the recommendations of the Lodha Committee,

as approved by the Hon'ble Supreme Court.

16. Mr Syed Faraz Iqbal, learned counsel, appearing for the

petitioners in WP(C) No.2284/2018, as well as Mr Aychut Dubey, learned

counsel appearing for the petitioners in WP(C) Nos. 4524/2019; 1404/2020;

and 1998/2020, supported the arguments put forth by Mr Jan, learned Senior

Counsel, against the framing of the new Memorandum of Association and

Rules and Regulations by the CAA of the JKCA. Both the learned counsel

vehemently argued that the mandate exercised by the CAA while completing

repealing/ replacing the earlier rules of the JKCA with the new Memorandum

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

of Association and Rules and Regulations was not, at all, available to the CAA

who were only tasked with conducting free and fair elections of the JKCA

after incorporating necessary amendments in the earlier rules as per the

recommendations of the Lodha Committee, as approved by the Hon'ble

Supreme Court.

IV. Discussion:

17. We have heard learned counsel for the parties, perused the

pleadings on record and have considered the matter.

18. At the outset, what requires to be stated is that the game of cricket

assumes manic proportions in India and is not viewed as being merely a sport

or an ordinary amusement activity. It is a national sport that connects the

people of India in a unique way. The ground realities of the popularity and

reach of the game of cricket in India make for a compelling argument that

there is a patent public element involved in the same. However, it surfaced

that the BCCI which administers the game of cricket in the country was mired

in various controversies, including serious inaction regarding betting and

match fixing; frequent amendments to the rules to enable persons in power to

perpetuate their control and promote their financial interests; permitting or

enabling its office bearers, employees and players to do acts which clearly

give rise to conflicts of interest having no resolution mechanism; lack of

transparency and accountability; failure to provide effective grievance

redressal mechanisms; a general apathy towards wrongdoings, etc.

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

Subsequently, the issue landed before Hon'ble the Supreme Court which, in

no uncertain terms, expressed its grave concern about the place at which

Indian cricket found itself. It was noticed by the Hon'ble Supreme Court that

the cloud over the working of the BCCI has left the followers of the game

worried and deeply suspicious about what goes on in the name of the game. It

was accordingly observed that the way forward for a sport that is not only a

passion, but a great unifying force was to adopt a zero-tolerance approach

which can alone satisfy the cry for cleansing. Subsequently, a Committee,

comprising of Justice R. M. Lodha, former Chief Justice of India; Justice

Ashok Bhan, former Judge of the Supreme Court; and Justice R.V.

Raveendran, former Judge of the Supreme Court, was mandated to examine

and make suitable recommendations to the BCCI for reforms in its practices

and procedures and necessary amendments in the Memorandum of

Association and Rules and Regulations. This was done keeping in view the

sacrosanct object of furthering the interest of public at large in the sport of

cricket; improving the ethical standards and discipline in the game;

streamlining and creating efficiency in the management of the BCCI;

providing accessibility and transparency; preventing conflicts of interest

situations; eradicating political interference and abuse and creating

mechanisms for resolution of disputes and grievances. The Committee so

appointed by the Hon'ble Supreme Court, after holding discussions/

interactions with key stakeholders, aficionados and patrons of the game;

including former Captains, International and First-Class players, Coaches,

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

Managers, Administrators, Journalists, Talent Scouts, Authors, Lawyers,

Club owners, Selectors, etc., found that many ills had become endemic due to

the apathy or involvement of those who were at the helm of the BCCI; several

incumbents had remained in charge of State associations for several decades;

many officials of various State associations hold power without adhering to

the basic principles of accountability and transparency by converting them

into regional fiefdoms, etc. The Committee appointed by the Supreme Court,

accordingly, while observing that the need of the hour was not of making

cosmetic changes, but those that are fundamental for laying proper

foundations on which the BCCI could function in a professional and

transparent manner bringing cricket back to its pristine form and restoring the

confidence of the cricketers and lovers of the game alike, made a series of

recommendations, including to the effect that individual interest will have to

be sacrificed for the sake of the institution and that no exigency of

convenience or convention shall stand in the way of a whole scale structural

overhaul; the current governance system of the BCCI and its member

associations was far from satisfactory and it needed to be suitably

restructured; strict terms and tenures had to be imposed on administrators;

oversight and audit of member associations was needed to be carried out;

professional management deserved to be introduced in the administration of

the game; all States will have to be given equal say in the affairs of BCCI;

financial prudence had to be exercised; independent views in governance were

imperative; cricketers had to be protected and given a free hand in cricketing

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

affairs; etc. Upon receipt of these recommendations, the Hon'ble Supreme

Court accepted the same with certain modifications/ clarifications and

declared that the implementation of the recommendations was equally

important and ought to be achieved within a reasonable period under the

supervision of the Committee itself. The Hon'ble Supreme Court also directed

the BCCI and all concerned to cooperate and act in aid of the Committee and

its directives. Subsequently, a draft construction of the BCCI was submitted

to the Hon'ble Supreme Court on 27th of October, 2017 which was

accordingly approved with certain modifications, while the State member

Associations were directed to undertake registration of their respective

constitutions on similar lines. Thereafter, on 14 th of March, 2019, in the

aforesaid proceedings before the Hon'ble Supreme Court, it was directed that

till report was filed by Mr Narsimha, learned Amicus Curiae, no Court/

Tribunal shall entertain or proceed with any matter pertaining to the BCCI or

any State Cricket Association, however, subsequently, on 9th of December,

2020, the Hon'ble Supreme Court directed that the appeals which pending

before the Jammu and Kashmir High Court shall be adjudicated by the High

Court on merits. Needless to mention that on 22nd of October, 2019, having

regard to the fact that elections for electing the office bearers of the BCCI

were scheduled to be held on 23rd of October, 2019, the Apex Court opined

that the purpose and objection for appointing a Committee of Administrators

will end upon the assumption of charge by the newly elected office bearers of

the BCCI and, accordingly, directed that the Committee of Administrators

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

shall demit office upon the assumption of office by the elected office bearers

of the BCCI. Consequently, the office bearers of the BCCI are in position as

of now.

19. Risking repetition, it needs to be said that the position of the

JKCA was not much different from that of the BCCI, as detailed out

hereinabove, which, too, was marred by controversies, financial irregularities,

infighting, etc., resulting in multiple litigation before various Courts. Finally,

the learned Single Judge of this High Court constituted the CAA to make

appropriate amendments to the existing rules of the JKCA so as to bring it in

tune with the recommendations of the Lodha Committee, as approved by the

Hon'ble Supreme Court. Thereafter, the matter landed before the Division

Bench of this Court which upheld the judgment of the learned Single Judge

with the modification of appointing the Chief Executive Officer (CEO) for

running the affairs of the JKCA under the supervision and control of the CAA,

coupled with an Ombudsman for settling the disputes of clubs and other

disputes prevalent in the JKCA. It is, thus clear that the CAA, right from the

date of it taking over the affairs of the JKCA on the directions of this Court,

was primarily tasked with amending the existing rules of the JKCA so as to

bring them in line with the recommendations of the Lodha Committee, as

approved by the Hon'ble Supreme Court and, thereafter, conducting elections

of the office bearers of the JKCA in accordance with the amended rules. After

the judgment of the Division Bench (supra), the CAA framed the

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

Memorandum of Association and Rules and Regulations by repealing the

rules of 1957 which governed the affairs of the JKCA earlier in point of time.

The CAA of the JKCA, in terms of the newly framed Memorandum of

Association and Rules and Regulations, was of the opinion that for the

purpose of ending the monopoly of a few Clubs, it was imperative to adopt

the policy of 'territorial representation' for the formation of the JKCA by

replacing the prevailing Club structure with District Associations, thereby

giving representation to every nook and corner of the Jammu and Kashmir in

the Association. This act of the CAA has become the bone of contention

between the two parties, one favouring the earlier club system to remain in

operation in the composition of the JKCA, whileas the other in support of the

view of the CAA in the formation of the JKCA comprising of District

Associations. The learned Single Judge dismissed the petitions filed on behalf

of the affected clubs/ appellants herein on the ground that since the matter is

already pending consideration of the Supreme Court appointed

Administrators, therefore, it was not appropriate for the Court to comment on

the issue. The learned Single Judge also observed that the dismissal of the

Writ petitions shall not preclude the petitioners/ appellants herein to voice

their grievance before the Supreme Court appointed Administrators. This

view of the learned Single Judge, in our opinion, at the given point of time

when the Supreme Court appointed Administrators were in position

monitoring the implementation of the directions passed by the Supreme Court

from time to time, cannot be said to be erroneous in any manner whatsoever,

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

however, much water has flown since the date this judgment was passed by

the learned Single Judge on 31st of December, 2018 and the position at this

point in time may not be the same. The draft Constitution of the BCCI

submitted by the Supreme Court appointed Administrators before the Hon'ble

Supreme Court has been approved and the elections for the office bearers of

the BCCI held in accordance with the newly approved Constitution of the

BCCI. Given this position, the Supreme Court, on 22nd of October, 2019,

directed the Committee of Administrators appointed by it to demit office upon

the assumption of office by the elected office bearers of the BCCI. Having

said so, there is a dire need of issuing some fresh directions from this Court

on the subject matter in the light of the aforesaid changed circumstances so as

to enable the otherwise controversy-marred JKCA to run smoothly for

achieving the ultimate object of promoting the game of cricket in Jammu and

Kashmir in every nook and corner.

20. Apart from the above perspective, it has to be kept in mind that

the only purpose of the Hon'ble Supreme Court taking it upon itself to monitor

the entire issue of managing the affairs of the game of cricket in the country

through its appointed Administrators was undoubtedly to set the house of the

BCCI, the apex governing body of the game of cricket in India, in order which

was mired in one controversy after another. Subsequently, the Hon'ble

Supreme Court, on being satisfied with the amended constitution of the BCCI

as framed by the Committee of Administrators constituted by it, approved the

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

same, paving the way for conduct of the election of the office bearers of the

BCCI under the supervision of the Committee of Administrators in

accordance with the new constitution and culmination of the role of the

Committee appointed by the Supreme Court accordingly. Taking a cue from

this line of action evolved by the Hon'ble Supreme Court, this Court, having

regard to the sorry state of affairs prevailing in the JKCA leading to multiple

litigations, also appointed a Committee to make necessary amendments in the

existing rules of the JKCA so as to bring them in conformity with the

constitution of the BCCI as approved by the Hon'ble Supreme Court, besides

conducting of elections of the office bearers of the JKCA in tune with the

amended rules. However, despite lapse of considerable period of time, the

situation of the JKCA has not changed to any good, as expected by this Court.

There is still infighting between rival factions in the JKCA, each struggling to

gain control of the affairs of the Association. This has not only hampered the

promotion of cricketing activities in the Jammu and Kashmir, but has also left

the followers of the game in Jammu and Kashmir worried and deeply

suspicious about what goes on in the name of the game. The CAA of the JKCA

appointed by this Court, on its part, has undertaken an exercise by framing the

Memorandum of Association and Rules and Regulations for the JKCA

purportedly in tune with the recommendations of the Lodha Committee and

approved by the Hon'ble Supreme Court. In the process, the CAA has

recommended replacement of the membership of the clubs with the District

associations so as to give representation to every region of Jammu and

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

Kashmir, which action is challenged by the appellants. The BCCI-the apex

body governing the game of cricket in India, which is now in position with

the newly drafted and approved Constitution, in their stand adopted before us,

has also not found favour with the aforesaid concept of District associations

replacing the existing clubs in the JKCA. The BCCI has even deprecated the

continuance of the CAA of JKCA for such a long time, which, in their opinion,

has resulted in the game of cricket not flourishing in Jammu and Kashmir to

the extent it should have for lack of requisite knowledge of the game. It is the

case of the BCCI that the disputes inter se the original members of the existing

clubs, rivalry between groups, besides other vices, has made the game of

cricket to suffer in Jammu and Kashmir even with the CAA being in office.

However, we feel that the continuation of the CAA as well as the CEO of the

JKCA, as appointed by this Court, beyond the fixed timeframe has only

occasioned due to the factum of many reasons as supplied by the CAA,

including the outbreak of the COVID-19 Pandemic, the rival factions in the

JKCA being entangled in multiple litigation, etc.

21. In the light of the above circumstances, this Court, in essence,

through this litigation is called upon to determine as to whether the newly

drafted Memorandum of Association and Rules and Regulations by the CAA

of the JKCA is in accordance with the mandate of the Lodha Committee, as

approved by the Hon'ble Supreme Court. Having gone through the rival

stands adopted by the learned appearing counsel for the parties concerned;

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

coupled with the aforesaid facts giving rise to the instant litigation; as also

keeping in view the directions passed by the Hon'ble Supreme Court from

time to time; and the overall object of promoting the game of cricket in Jammu

and Kashmir, we are of the view that it shall not be appropriate for this Court

to go into the aforesaid question of ascertaining whether the Memorandum of

Association and Rules of Regulations so framed by the CAA of the JKCA are

in tune with the recommendations of the Lodha Committee, as approved by

the Hon'ble Supreme Court. Instead, in our opinion, now that the BCCI, which

is tasked with the overall governing/ controlling of the activities of the game

of cricket in India and of which the JKCA is an affiliate member, is in position

with its newly approved Constitution, it is the said body which shall be the

appropriate authority to answer the above-formulated question in the light of

its newly approved Constitution. The BCCI is expected to have all expertise

required for answering this question, being the apex body for managing and

controlling the activities of the game of cricket in India, including the Jammu

and Kashmir. Besides, the BCCI has also filed an application for handing over

the affairs of the JKCA to it till such time the elections of the office bearers

of the JKCA are conducted under its supervision.

V. Result:

22. In the result, we dispose of this appeal, as well as all connected

Writ petitions, with the following directions:

I. In view of the challenge thrown to the amended Constitution/ Memorandum of Association and Rules and Regulations framed by the

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

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;

II. The BCCI shall, as an interim measure and till a new body of the JKCA is elected under its supervision, run the management, control and administration of the JKCA immediately upon being handed over the same by the CAA;

III. The BCCI shall, while finalizing the amendment, if any, in the Constitution of the JKCA, in conformity with the recommendations made by the Lodha Committee as approved by the Hon'ble Supreme Court, consult all the stakeholders, including the parties litigating before this Court, i.e., the representatives of the erstwhile clubs of the JKCA as also of the District Cricket Associations now formed by the CAA;

IV. 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;

V. 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 report;

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

VI. The BCCI shall make every 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;

VII. The BCCI, given the task assigned to it as indicated above, 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, whereafter the administration, control and supervision of the JKCA shall be handed over to the newly elected office bearers of the Association; and

VIII. Deputy Commissioner of Jammu as well of Srinagar shall cooperate with the BCCI for ensuring implementation of the aforesaid directions passed in this judgment for any requisitioned assistance. They shall ensure preparation of inventory of movable and immovable property of the JKCA and furnishing the same, alongwith 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.

23. We hope and trust that the aforesaid exercise, assigned to the

BCCI, is concluded by the BCCI as expeditiously as possible.

24. Before parting, it needs to be mentioned here that while going

through the pleadings on record, we also came across some clubbed petitions,

being WP(C) Nos. 2059/2020; 2155/2020; 3653/2019; and 3738/2019 filed in

this wing of the High Court, wherein the decisions of the then Ombudsman of

the JKCA, as appointed by this Court at the relevant point of time, have been

TAHIR MANZOOR BHAT 2021.03.23 11:08 I attest to the accuracy and integrity of this document

LPA No.14/2019 [LPA No.43/2019] Along-with connected matters

assailed. Since, we did not hear the parties on this issue, we feel that the said

petitions are required to be segregated and listed separately before the roster

Bench. We order accordingly.

25. The learned Registrar (Judicial) of this wing of the High Court to

ensure that copy of this judgment is placed on each of the connected files

pertaining to both wings of the High Court, after sending a copy thereof to the

learned Registrar (Judicial) of the Jammu wing. Besides, the learned Registrar

(Judicial) of this wing of the High Court shall also send a copy of this

judgment to the office of the BCCI today itself, copy whereof shall also be

provided to all the learned appearing counsel for the parties during the course

of the day through any available mode.

26. Bench Secretary of this Court to provide a copy of this judgment,

under his seal and signatures, to Mr B. A. Dar, learned Senior Additional

Advocate General, for making the same available in the offices of the Deputy

Commissioner, Jammu; Deputy Commissioner, Srinagar by today so as to

ensure implementation of the directions passed in the judgment hereinabove.

                                       (Puneet Gupta)                  (Ali Mohammad Magrey)
                                           Judge                                 Judge
           SRINAGAR
           March 23rd, 2021
           "TAHIR"
                     i.        Whether the Judgment is reportable?               Yes/ No.
                     ii.       Whether the Judgment is speaking?                 Yes/ No.




TAHIR MANZOOR BHAT
2021.03.23 11:08
I attest to the accuracy and
integrity of this document