The High Court on Monday dismissed a petition, seeking directions to declare Memorandum of Association (MOA) prepared by Court Appointed Administrators (CAAs) for managing affairs of Jammu and Kashmir Cricket Association as null and void.
After hearing the rival contentions and on perusal of the record, a bench of Justice Sanjeev Kumar observed that that controversy revolves around as to what was extent of the mandate CAAs as regards affairs of JKCA; Whether the memorandum of association made by CAAs was in line with the August 9 judgment by the Supreme court in Board of Control for Cricket in India and others v. Cricket Association of Bihar and others and whether it was incumbent upon CAAs of JKCA to follow the procedure laid down in Rule 20 of the Rules of JKCA for effecting the amendment to the registered MOA.
"I am of the considered view that this Court cannot entertain the plea of the petitioners that the Constitution/Memorandum of Association, registered by the CAA of JKCA is not in conformity with the Lodha Panel and that they have gone beyond their mandate," the court said while dismissing the petition filed by City Cricket Club, Srinagar and others.
Referring to the Status Report submitted by Committee of Administrators (COA) of BCCI before the Supreme Court of India on 2 October, the court observed that JKCA has been put in Category "C", which contains a list of the affiliate State Associations, who have substantially complied with the directions of the apex Court.
"In the status report, the COAs have, inter alia, also sought a direction to Category "C" State Associations to further amend their respective new Constitutions in the light of corrective amendments communicated to them by the COAs. The status report is stated to be pending consideration of the Supreme Court," the court said.
"In that view of the matter, it would not be appropriate for this Court to comment on the issue which is already pending consideration of the authority, i.e. the Supreme Court appointed Administrators," the court said.
The court also rejected petitioner's plea for directions to `the CAAs to convene the Extraordinary General Council Meeting in compliance with the mandate of Rule 20 of the Rules of J&K Cricket Association in conformity with the recommendations made by the Lodha Committee.