Jammu & Kashmir High Court - Srinagar Bench
Gurmeet Singh & Ors. vs State Of J&K; on 13 October, 2017
Author: Alok Aradhe
Bench: Alok Aradhe
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
OWP No. 787/2017 Date of Decision: 13/10/2017
c/w 464/2017,1970/15,1510/15 & 576/17
1. OWP No. 787/17
Gurmeet Singh & Ors. vs. State of J&K & Ors.
2. OWP No.464/2017
Sajad Ahmad Sofi & Anor. vs. State of J&K & Ors.
3. OWP No.1970/2015
Arvinder Singh & Anor. vs. Union of India & Anor.
4. OWP No. 1510/15
J&K Cricket Association vs. State of J&K & Ors.
5. OWP No. 576.2017
Friends Cricket Club Nawakadal vs. J&K Cricket Association & Ors.
Coram:
Hon'ble Mr Justice Alok Aradhe, Judge
Appearance:
For applicant(s): Mr. B.A. Bashir, Sr. Adv. With Mr. Farhaz Iqbal,Adv.
Mr. M.Y.Bhat & Mr. Syed Musaib.
For respondent(s): Mr. M.A. Makhdoomi, Mr. Sunil Sethi sr. Adv. With
Parimoksh Seth, Mr. G.A.Lone & T.M.Shamsi, ASGI
i/ Whether to be reported in Yes/No
Press/Media?
ii/ Whether to be reported in Yes/No
Digest/Journal?
OWP Nos. 464 & 787 of 2017.
1. In OWP No. 464 of 2017, the petitioner interalia seeks a direction to
the respondents to make Jammu & Kashmir Cricket Association
(hereinafter referred to as Association) functional and elect the
management in light of the guidelines provided by the Supreme Court.
The petitioner also seeks a direction to respondent no. 1 to implement the
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orders of Supreme Court in letter and spirit and to issue a writ directing
the respondent no. 1 to resume cricket practice/training of the petitioner
and other cricket players.
2. In OWP No. 787 of 2017, the petitioners seek quashment of notice
appointing ombudsman issued in local daily on 19.5.2017 and to direct the
respondents to make the Association functional and to elect the
management in light of the guidelines issued by the Supreme Court. In
view of commonality of the issues involved in both writ petitions they were
heard analogously and are being decided by this common order.
3. The petitioner in OWP No. 464/17 is an aspirant to become a
professional cricketer, whereas petitioners in OWP no. 787/17 claim
themselves to be members of working committee of the Association. The
association was founded affiliated to the Board of Control for Cricket in
India in 1970. The Supreme court in proceeding pending before it
constituted a committee under the Chairmanship of former Chief Justice of
India Justice R.M. Lodha to recommend reforms for cricket in India and
determine punishment for those who were inducted in the report submitted
by the Mudgal Committee with regard to irregularities in Indian Primer
League (IPL). The Committee headed by Justice Lodha submitted its
recommendations with regard to functioning of Board of Control for
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Cricket in India (hereinafter referred as BCCI). The Supreme court vide
judgment dated 18.7.2016 accepted the recommendations of the
Committee which inter-alia provided for disqualification of the office
bearers of BCCI and of its affiliated State Associations who fail to meet
the norms recommended by the committee which were accepted by the
Court.
4. The Association on 19.07.2016 held a meeting of working committee
chaired by Mr. Imran Raza Ansari as President. In the aforesaid meeting
observer of BCCI namely Prem Thakur was also present to oversee the
election process of the Association. In the said meeting of the Committee
Mr. Ansari, Mr. Mehboob Iqbal, Mr. Iqbal Ahmad Shah, Mr. Ab. Rouf ,
Mr. Javid Ahmad Kitab, Mr. Chander Mohan Sharma, Shiban Lal Trakroo,
Desh Rattan Dubey were elected as President,Chairman,General Secretary,
Treasurer, Vice chairmans of Kashmir Wing and Jammu Wing and Joint
Secretaries of Kashmir and Jammu Wings separately. It is pertinent to
mention here that all the candidates were elected unopposed and a decision
was taken to convene the extra ordinary meeting of the general body to
ensure updation of rules of the Association. The association by resolution
dated 18.9.2016 resolved to appoint ombudsman accordingly Justice Iqbal
Ahmad Ansari retired Chief Justice of Patna High Court was appointed as
Ombudsman by an order dated 02.01.2017, the Supreme Court inter-alia
held that a person shall be disqualified for being an office bearer if he is
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a Minister or Government servant, holds any office or post in sports or
athletic association enters apart from cricket, has been an office bearer of
the BCCI for cumulative period of 9 years has been charged by court of
law for having committed any criminal offence and has attained the age of
70 years. In view of the aforesaid order admittedly the president and the
treasurer of the association were disqualified.
5. It is the case of the petitioners that elected body did not initiate the
process of election and the elected members hold their positions in
violation of the orders passed by the Supreme Court. The Association,
therefore, had no authority to appoint ombudsman. It is also the case of the
petitioners that as per guideline provided by Lodha penal, the association
was required to incorporate recommendations of the Lodha committee in
the rules governing the association and then to conduct the election in
accordance with the guidelines provided by the Lodha Committee. It is also
the case of the petitioner that the elections for the association were not hold
as per the guidelines fixed by the Supreme Court on 15.11.2016. In the
aforesaid factual background the petitioners have approached this court
seeking the reliefs stated supra.
6. Learned counsel for the petitioner pointed out that the respondent no.
3 was disqualified as he was politician and sports Minister of the State.
Similarly General Secretary of the association namely Iqbal Ahmed Shah
in view of his admission, was convicted in a criminal case namely FIR No.
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76/13 registered at Police Station Nowgam for offences under section 13
of the Gambling Act vide judgment dated 23.11.2013. It is also submitted
that the treasurer of the Association was disqualified as he was above 70
years of age. Similarly the chairman had incurred disqualification as he had
served the Association for a term of more 9 years.
7. Learned Senior counsel for the petitioner further submitted that the
President, Chairman, General Secretary and Treasurer of the Association
were disqualified in view of the recommendations of the Lodha Committee
report which was accepted by the Supreme court vide order dated
02.01.2017. It is also submitted that ombudsman was appointed by an
incompetent body which had no authority in law to appoint the same. It is
urged that the Lodha committee recommendations which were accepted by
the Supreme Court should be implemented in letter and spirit and
administrator be appointed to ensure that free and fair elections of the
association are held.
8. The learned Senior Counsel for BCCI submitted that the elections of
the Association were held on 19.7.2016 and the term of the office bearers
of the Association has expired on 18.7.2017 and thereafter there is no
elected body of the Association. It is urged that an administrator should be
appointed, as there is no provision of holding over the post in the rules of
the Association. It is also argued that the elections of the Association
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should be held as per the guidelines of the Supreme Court after
incorporation of recommendations of report(s) submitted by Lodha
committee in the rules of Association. It is also pointed out that
administrators were appointed for the State level bodies for Hyderabad and
Delhi by the respective High Courts and similarly an administrator should
also be appointed for the Association for holding free and fair elections. It
is also pointed out that appointment of the administrator will ensure free
and fair election in accordance with the recommendations of the Lodha
Committee. It is urged that out of 120 crores allocated by BCCI to the
Association a sum of Rs. 80 crores has been embezzled and an amount of
Rs. 34 crores was seized by the police which should be handed over to the
administrator so as to enable him to meet the necessary expenditure and
thereafter the funds should be placed at the disposal of the newly elected
body which may spent the amount as per the norms fixed by the BCCI. It
is also submitted that the administrator be granted liberty to appoint
ombudsman.
9. On the other hand, learned counsel for the respondent Nos. 3 & 4 has
submitted that in OWP no. 787/17, the association has not been sued which
is a legal entity, therefore, the writ petition is not maintainable. It is urged
that petitioner no. 1 claims himself to be president of RCC, Jammu but has
concealed the fact that the order of restraint was passed against him by
Munsiff in civil suit No. 35 of 2017 by which he has been temporarily
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restrained from interfering with the functioning of Rehari Cricket Club and
he has been restrained to represent himself before BCCI and the
Association as president of the club. It is pointed out that petitioner no. 5
is suppressed the fact that he has filed a suit before 3rd Additional Munsiff,
Srinagar on the same facts and grounds. However, the aforesaid fact has
been concealed in this writ petition, therefore, the petitioner No. 1 and 5
have no locus standi to maintain the writ petition. Ld counsel also
questioned the locus standi of petitioners 2 to 4. It is also submitted that
the resolution passed by working committee with regard to appointment of
ombudsman was not challenged in the writ petition and only notice dated
19.05.2017 by which intimation was given with regard to appointment of
ombudsman has been challenged, therefore, no relief can be granted to the
petitioners. It is argued that the ombudsman appointed by the working
committee has started functioning w.e.f. 10.7.2017 and has decided all the
claims/disputes, therefore, writ petition has been rendered infructuous.
10. It is also pointed out that the petitioners have recognized respondents
3 and 4 as duly elected office bearers and therefore, no relief can be granted
to them. It is also argued that BCCI has made a statement before Supreme
Court that the Association has made appointment of ombudsman. In
accordance with Rule 8 of the Rules of the Association, has appointed
ombudsman, by the members who have not earned any disqualification. It
is further argued that the Committee of administrators of BCCI has
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approved the appointment of ombudsman and list of office bearers has
already been submitted to BCCI which has uploaded the same on its site.
It is contended that BCCI has no role to play in the appointment of
ombudsman which is to be made by the Association. Learned counsel for
the respondents 3 and 4 submitted that in any case that tenure of the elected
office bearers of the Association is alive till 31.12.2017.
11. In response to the submissions made in OWP NO. 464/17 the
counsel for respondents 3 and 4 submitted that the aforesaid writ petition
is a sponsored writ petition, as petitioner is a cricket player who represents
ACC club and its secretary namely Ehsan Mirza is main accused in a case
with regard to misappropriation of funds. In support of his submissions
reference has been made to decisions in the cases of South Central
Railway Employees vs. Cooperative Credit Society (2015) 2 SCC 727,
Kaboolchand vs. Deputy custodian Alwar AIR 1952 RAJ 146, Daryao
vs. State of U.P. AIR 1961 SC 1457, JK Cotton Sining and Waving Mills
co. Ltd. Vs. Sales Tax Officer, Kanpur & Anor. AIR 1965 SC 1310,
Jabalpur Muncipal Corporation vs. State of Madhya Pradesh & Anor.
AIR 1966 SC 837, Superintendent of Taxes Tezpur vs. Bormahajan Tea
Company Ltd. AIR 1978 SC 533 and K.D.Sharma v. Steel authority of
India Limited & Ors. (2008) 12 SCC 481.
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12. By way of rejoinder reply learned senior counsel for the petitioner
has submitted that the elections for the period for which respondents 3 and
4 were elected is already over and respondents have no authority in law to
occupy any post in the Association. It is further submitted that action of
appointment of ombudsman is abinitio void and in fact a notice dated
8.9.2016 was issued for amendment of the constitution of the Association,
however, on the aforesaid date no meeting was held. It is also argued that
no meeting of the working committee was held to appoint ombudsman and
any correspondence of respondents 3 and 4 with BCCI has no legal
sanctity, as the same is contrary to the decision of the Supreme Court. It is
further submitted that respondents 3 and 4 have never informed the BCCI
that their term as office bearers of the Association was over and they had
incurred disqualification. It was also denied that OWP no. 464/17 is a
sponsored petition.
13. By way of rejoinder reply learned senior counsel for the BCCI
submitted that BCCI has recognized, the respondents 3 and 4 but the tenure
of respondents 3 and 4 has expired on 18.7.2017 and BCCI, therefore,
cannot recognize the office bearers of the Association in any case beyond
19.7.2017. Therefore, it has become imperative to appoint an administrator
who has required first to incorporate the recommendations of Lodha
Committee in the rules of the Association and thereafter to hold the
elections as per the norms fixed by the Lodha Committee which had been
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accepted by the Supreme Court. In the instant case, respondents 3 &4 have
been disqualified, therefore, they were not entitled to be elected as office
bearers. Thereafter on 2.7.2017, the Supreme Court directed that all office
bearers of BCCI and its affiliated state associations which fail to meet the
norms recommended by the Committee as accepted by this court shall
forthwith demit and cease to hold the office. In view of the directions of
the Supreme Court four persons namely President, Chairman, General
Secretary and Treasurer ceased to hold their offices and since they were
parties to the decision taken for appointment of the ombudsman, therefore,
the appointment of ombudsman made by the committee, even otherwise
has lost its legal sanctity w.e.f. 02.01.2017. It is also pointed out that the
Association did not inform the BCCI with regard to the disqualification
incurred by its office bearers. The office bearers who have incurred
disqualification have participated in the meeting of the working committee
in which the ombudsman was elected, therefore, no legal sanctity can be
attached to the appointment of the ombudsman. It is also argued that the
meeting was conveyed by the General Secretary who was disqualified.
14. I have considered the submissions made on both sides and have perused
the record. The following issues emerge for consideration in these cases:
(i) Whether in view of the fact that issue with regard to management
of the affairs of BCCI and the election of office bearers of BCCI
is pending consideration before Supreme Court , this court can
proceed adjudicate the controversy involved in these petitions?
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(ii) Whether the petitioners have locus standi to maintain the writ
petitions ?
(iii) Whether the writ petitions filed by the petitioners have been
rendered infructuous?
(iv) Whether term of the Committee of the office bearers of the
Association is one year or three years ?
(v) Whether Committee has authority to appoint ombudsman ?
(vi) Future course of action?
I shall proceed to deal with the issues ad-seriatim.
Issue No.( i)
From perusal of the order dated 18.7.2016 passed by Supreme Court in
Civil Appeal No. 4235/14 and two other civil appeals, it is evident that the
Supreme Court had constituted the committee headed by Justice
R.M.Lodha to look into the management and affairs of BCCI . The
aforesaid committee submitted its recommendations which were accepted
in entirety and the Supreme Court directed committee to ensure the
implementation of the recommendations made by it. The BCCI and all
concerned persons were directed to co-operate and to act in furtherance of
directives. Thereafter by communication dated 28.8.2016 the committee
headed by Justice R.M.Lodha issued guidelines for elections of State
Association and fixed the same as 15.11.2016. The Supreme Court by an
order dated 02.01.2017 inter-alia issued following directions, the relevant
extract of which reads as under:-
"25. For the above reasons, we order and direct as follows:
(i) All the office bearers of BCCI and of its affiliated State Association
who fail to meet the norms recommended by the Committee and
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accepted by this Court, shall forthwith demit and cease to hold office
namely:
"A person shall be disqualified from being an Office Bearer of he or
she:
(h) Is not a citizen of India;
(i) Has attained the age of 70 years;
(j) Is declared to be insolvent, or of unsound mind;
(k) Is a Minister or government servant;
(l) Holds any office or post in a sports or athletic association or
federation apart from cricket.
(m) Has been an Office Bearer of the BCCI for a cumulative period of 9
years;
(n) Has been charged by a Court of law for having committed any
criminal offence."
(ii) Shri Anurag Thakur, President of BCCI and Shri Ajay Shirke,
Secretary BCCI shall forthwith cease and desist from being
associated with the working of BCCI;
(iii) A notice to show cause shall issue to Mr. Anurag Thakur to explain
why he should not be proceeded against under the provisions of
Section 195 read with Section 340 of the Code of Criminal
Procedure, 1973;
(iv) A notice to show cause shall issue to Mr. Anurag Thakur to explain
why he should not be proceeded against with under the Contempt of
Courts Act, 1973;
(v) A Committee of administrators shall supervise the administration of
BCCI through its Chief Executive Officer;
(vi) This Court shall by a separate order nominate the person who shall
form part of the Committee for administrators. In order to enable the
court to have the benefit of objective assistance in making the
nominations, we request Mr Fali S Nariman, learned Senior Counsel
and Mr Gopal Subramaniam, the learned Amicus Curiae to assist the
Court by suggesting names of enterprise. We request the learned
counsel appearing on behalf of the parties to also place their
suggestions before the Court so as to facilitate a considered decision;
(vii) In addition to the function assigned in (v) above, the Committee of
administrators shall also ensure that the directions contained in the
judgment of this Court dated 18 July 2016 (which accepted the
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OWP Nos. 787/17,464/17,1970 ,1510 of 2015 and 576 of 2017 Page 12 of 27
report of the Committee with modification) are fulfilled and to adopt
all necessary and consequential steps for that purpose;
(viii) In view of the directions contained in (ii) above, the senior most
Vice-President of BCCI shall perform the duties of President, BCCI
and the Joint Secretary shall perform the duties of Secretary. Those
of the office bearers of BCCI who are not disqualified in terms of
clause (i) (other than the President and Secretary) may continue
subject to their filing an unconditional undertaking before this Court
within four weeks of the date of this order to abide by and implement
the directions contained in the judgment 18 July 2016. Upon the
Committee of administrators as nominated by this Court assuming
charge, the existing office bearers shall function subject to the
supervision and control of the Committee of administrators. The
Committee of administrators would have the power to issue all
appropriate directions to facilitate due supervision and control; and
(ix) The remuneration payable to the members of the Committee of
Administrators shall be fixed in consultation with the Committee
consisting of Mr. Justice R M Lodha, Mr Justice Ashok Bhan and
Mr. Justice R V Raveendran. The role of the justice R M Lodha
committee shall hereafter be confined to overall policy and direction
on such matters as may be referred by this Court;
(x) We would request the learned Senior Counsel and the learned
Amicus Curiae to endeavor to submit their suggestions to this Court
within two weeks. The proceedings shall be listed before this Court
on 19 January 2017 for pronouncement of directions in regard to the
names of the administrators.
However, in the instant case, the petitioner have questioned the
continuance of the elected body for the Association beyond 19.07.2017 and
appointment of ombudsman of the Association which is not the subject
matter of the writ petition before the Supreme Court. It is pertinent to
mention here that High Court of adjudicature of Hyderabad vide order
dated 23.3.2017 passed in WP (PIL) 16/17 has appointed retired Judge of
the Supreme Court and retired Judge of the High Court for Hyderabad
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Cricket Association. Similarly High Court of Delhi vide order dated
31.1.2017 in OWP ( C ) 7215/11 has appointed retired judge of Supreme
Court of India as administrator for Delhi and District Cricket Association,
therefore, there appears no apparent reason for this court to take a different
view. Therefore, the submission that since the matter is pending
adjudication before the Supreme Court, therefore, this court has no
authority to deal with the issues raised in the writ petition does not deserve
acceptance.
Issue no. (ii)
The Petitioners in OWP No. 787/17 are five in number. The learned counsel for
respondents 3 and 4 have alleged disqualification only with regard to petitioners
1 and 5. However, the fact that the petitioners 2 to 4 were members of the working
committee and have locus to maintain the writ petition has not been disputed. The
petitioner in OWP No. 464/17 is a player who is vitally interested in ensuring that
affairs of the Association are properly managed as he is aspirant to be professional
cricketer. Therefore, in any case the petitioner No. 6 in OWP no. 787/17 and
petitioner in OWP No. 464/17 are aggrieved persons and by no stretch of
imagination it can be said that they have no locus standi to maintain the writ
petition, therefore, it is not necessary for this Court to examine the issue with
regard to locus of petitioners 1 to 5 to maintain the writ petition. Accordingly it
is held that the petitioners 2 to 4 in OWP No. 787/17 and petitioner in OWP No.
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464/17 have locus standi to maintain writ petition. The aforesaid issue is
answered in the affirmative.
Issue No.( iii.)
The issue which arises for consideration in these writ petitions are with
regard to appointment of ombudsman by the working committee of the
Association and to make the Association functional and to elect the
management in light of the guidelines provided by the Supreme Court,
therefore, this court is required to examine whether the elections of the
body have been held in accordance with the recommendations made by the
Lodha penal which have been accepted by the Supreme Court and whether
the elected body had the authority to appoint the ombudsman, therefore, it
cannot be said that these writ petitions have been rendered infructuous,
accordingly the aforesaid issue is answered.
Issue No.( iv)
The Association is governed by the rules which are known as rules
of the J&K Cricket Association. Rule 8 and Rule 14 of the Rules which are
relevant for the purpose of the controversy involved in the instant writ
petitions are reproduced below for ready reference:
8. MANAGEMENT
(i) The Association shall be administered and managed by a
Working Committee consisting of members of the following
categories;
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(a) One or two members, as the case may be nominated out of the
panel of five by each affiliated Club to the General Council with
a minimum of 12 members of the Committee and a maximum
of 25 members of the Committee.
(b) Three to Five members out of the Life Members and the
Associate Members;
(ii) The above mentioned Committee shall elect annually from
amongst its members the following office bearers who shall
function honorarily:
(a) President.
(b) Chairman.
(c) Two Vice-Chairmen (One from Jammu Province
and the other from Kashmir
Province)
(d) General Secretary. (Two from Kashmir Province
(e) Two Joint Secretaries and one form Jammu
Province)
(f) Treasurer.
(iii) Vacancies: Vacancies of the office bearer shall be filled up by
the Committee by election. Vacancies in the Committee shall
be filled up by nomination by the affiliated Club concerned,
whose seat has fallen vacant and in case of Committee members
elected out of the Life and Associate Members the vacancy
shall be temporarily filled by co-operation by the Committee
till the annual election for the same is held.
(iv) Powers and duties of the Committee. The Committee shall have
the power
(a) necessary for management and conduct of the Association and
for promotion of its objects, including the power to take all
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actions as may be deemed proper against members and players
of the affiliated clubs:
(b) to inspect and pass accounts presented by the Treasurer at its
meetings:
(c) of interpretation with regard to Rules and Regulations of the
Association:
(d) to elect annually:
1. Captain :
2. Vice-Captain :
3. Manager and the additional staff as and when required: and
appoint the Auditor of Auditors and fix his or their
remuneration:
(e) Whenever necessary, to appoint Sub-Committees consisting of
three to five members for the purchase of equipment and
selection of players for matches and for other purpose. The
Selection Sub-Committee will necessarily be comprised of
Cricketers of repute and the Captain shall be one of the
members of this Sub-Committee.
14. MEETINGS
(A) The Association shall hold the following meetings:
(a) General Council Meetings.
(b) Extraordinary General Council Meetings.
(c) Working Committee
................................................................
(B) Working Committee Meetings.
(i) The Committee shall meet at leas twice in a year either at Jammu or at Srinagar whichever place is convenient for holding of such a meeting. The General Secretary shall give 10 days notice to the concerned members intimating the __________________________________________________________________________________ OWP Nos. 787/17,464/17,1970 ,1510 of 2015 and 576 of 2017 Page 17 of 27 place, date and time of such a meeting. An agenda specifying the nature of business to be transacted at the meeting shall accompany the notice.
(ii) The meetings shall be presided over by the President if he is available and, in his absence, normally by the Chairman of one of the Vice-Chairmen and decision shall always be taken by a majority vote.
(iii) The quorum for this meeting shall be 1/3 rd of the total number of members of the Committee.
Thus from conjoint reading of Rule 8 and Rule 14 it is evident that the working committee has to elect annually from amongst its members the following office bearers who shall function honorarily namely President, Chairman, Two vice Chairman one from Jammu province and another from Kashmir province, General Secretary, two Joint Secretaries one from Kashmir province and another from Jammu province and a treasurer. Thus the aforesaid office bearers of the working committee hold their office for a term of one year only. Admittedly in the instant case, the elections were held on 19.7.2016 in the meeting of the working committee which was chaired by one Imran Raza Ansari in which observer of the BCCI was also present. Thus the office bearers in the meeting held on 19.7.2016 were elected for a term of one year which has expired on 18.7.2017. Thus conjoint reading of Rule 8 & 14 of the Rules of the Association leaves no __________________________________________________________________________________ OWP Nos. 787/17,464/17,1970 ,1510 of 2015 and 576 of 2017 Page 18 of 27 iota that the terms of the office bearers of the working committee is one year. Accordingly the aforesaid issue is answered. Issue no.( v) From perusal of the answer to the 4th issue the consequences which flows from interpretation of Rule 8 and relevant extract of Rule 14 is, that there is no elected body in place of the Association after 19.7.2017. On 18.7.2016 the recommendations of the Lodha Committee were accepted by the Supreme Court. Thus neither politician nor a person who has more 70 years could have been elected as office bearer. Similarly a person who was convicted inconnection with criminal offence could not have also elected as office bearer. The office bearers who had incurred disqualification had participated in the meeting in which ombudsman was appointed. It is pertinent to note that notice dated 08.09.2016 was issued to commence the meeting of general council on 29th September, 2016. However, on 9.9.2016 a corrigendum was issued from which it is evident that neither the issue with regard to appointment of ombudsman was on the agenda, nor meeting of working committee was convened or held by qualified persons. Therefore no sanctity can be attached to the appointment of ombudsman. Issue no.( vi) The Association appears to be riddled with infighting with two rival groups jostling for power and to control the affairs of the Association. Since the Association is not represented by any duly elected committee w.e.f. __________________________________________________________________________________ OWP Nos. 787/17,464/17,1970 ,1510 of 2015 and 576 of 2017 Page 19 of 27 19.7.2017, therefore, it has become imperative to appoint administrators. The Lodha committee responded to frequently asked questions on 6.9.2016 and has mentioned the minimum amendments to be carried out in the rules/bylaws of the State Associations by 30.9.2016 which reads as under:-
Deletion of all provisions enabling holding of posts for more than 9 years.
Restriction of Office Bearers to only the following five posts:
President, Vice President, Treasurer, Secretary and Joint Secretary; Delete provisions for all other posts.
Amendment of the term/tenure of Office Bearer to be 3 years. Insertion of a cooling-off clause, which bars previous office bearers either at the BCCI or the State Association from contesting the succeeding Office Bearer elections or having a second consecutive term.
Amendment to the composition of the Government Body to include at least one woman, representatives of the players and a nominee of the Accountant General of the State.
Amendment to the Membership clause to automatically grant membership to interested former international cricketers from the State provided they have not already opted for membership of another Association.
Insertion of a clause barring voting by proxy.
Insertion of disqualifications from being an Office Bearer as stated in Rule 14(3) of the Rules read with the judgment of the Supreme Court.
Insertion of Clauses for appointment and functioning of the Ombudsman, Electoral Officer and Ethics Officer. These may be in line with Rule 40-41, 32-33 and 38-39 of the proposed BCCI Rules.
__________________________________________________________________________________ OWP Nos. 787/17,464/17,1970 ,1510 of 2015 and 576 of 2017 Page 20 of 27 Insertion of provisions for transparency as per Rules 34-36 (financial) and 37 (others) of the proposed BCCI Rules as well as Pages 76-77 of the Report.
Insertion of a provision that removes the social club (if any) from the management and control of the Association.
Adoption of the Agents Registration Norms carried in Annexure C to the Report and as applicable to players in States. Therefore, the administrators shall have to ensure that the rules of J&K Cricket Association are amended inconformity with recommendations made by the Lodha Committee which has already been accepted by the Supreme Court and thereafter to hold the elections as per the norms fixed by Lodha Committee. The aforesaid course of action is also supported by the BCCI as well.
15. Reverting to the submissions made on behalf of respondents 3 and 4 that in the absence of any specific challenge to appointment of ombudsman no relief can be granted to the petitioners suffice it to say that Article 226 empowers to mould the relief in facts of a case where patent illegality is committed by the authorities ( see Banglore Development Authority vs. Vijaya Kasing Ltd (2013) 14 SCC 737. Similarly the submission that respondents 3 and 4 have authority to continue till 31.12.2017 is sans substance. The contention that since justice Ansari has decided the disputes therefore challenge to his appointment as ombudsman does not survive does not deserve acceptance, as Justice Ansari continues to be ombudsman and it is not the case of respondents 3 and 4 that his tenure has come to an end.
__________________________________________________________________________________ OWP Nos. 787/17,464/17,1970 ,1510 of 2015 and 576 of 2017 Page 21 of 27
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 administrator may make appointment of such persons so as to assist them to hold free and fair elections of the office bearers of the Association.
VI. 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. The administrators shall also be at liberty __________________________________________________________________________________ OWP Nos. 787/17,464/17,1970 ,1510 of 2015 and 576 of 2017 Page 22 of 27 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. VII. Let the aforesaid exercise be completed within a period of 2 months. VIII. Registrar Judicial shall transmit copy of this order to Mr. Justice C.K, Prasad and Mr. Justice Syed Rafat Alam.
16. Accordingly the writ petitions are disposed of. OWP NO. 1510/2015
1. In this writ petition, the petitioners have prayed for the following reliefs:
A) By issuance of writ of Mandamus, official respondents be commanded to forbear from indulging and involving in the activities of the petitioner Association, inasmuch as causing any impediment and interference into its activities including cricketing activities by any manner, mode or method at the behest of respondent No. 2 and respondents Nos. 5 and 6.
__________________________________________________________________________________ OWP Nos. 787/17,464/17,1970 ,1510 of 2015 and 576 of 2017 Page 23 of 27 B) By issuance of Writ of Mandamus, official respondents in general and respondents No. 7 to 9 in particular, be commanded to refrain from extending any kind of official support or help in any manner whatsoever to respondents No. 2, 5 and 6 in regard to and in respect of the affairs of petitioner Association and its activities by any manner, mode and method.
C) By issuance of Writ of Mandamus, respondent No. 1 be commanded to take effective and necessary measures for desealing of the record cupboards, almiras, drawers lying in the respective office rooms of office bearers of petitioner Association forthwith. D) By issuance of Writ of Mandamus, the respondent No. 1 be commanded to initiate appropriate action against the respondent No. 3 and 4 for wanton disregard of rules of duty committed on 20th July, 2015 while participating in the so-called meeting convened by respondent No. 5.
2. Admittedly Petitioner No. 2 was appointed as an Officer Bearer of J&K Cricket Association in a meeting held on 12.05.2014 as per the version of the petitioner himself. The term was for three years. The aforesaid period has expired on 11.05.2017, therefore, in view of the fact that the term of the petitioner No. 2 has expired and for the reasons assigned in the judgment passed today, in OWP No. 787/2017 and OWP No. 464/2017, nothing survives adjudication in this writ petition. Accordingly the writ petition is disposed of.
__________________________________________________________________________________ OWP Nos. 787/17,464/17,1970 ,1510 of 2015 and 576 of 2017 Page 24 of 27 OWP No. 1970/2015;
1. In this writ petition, the petitioners inter alia have prayed for the following reliefs;
a) Allow the present writ petition.
b) Direct the respondent No. 3 to the respondent to recognize for all purposes, only those office bears of JKCA who have been elected for the term of three years, pursuant to legal and valid election held on 12.05.2014, as the elected representatives of Jammu and Kashmir Cricket Association.
c) Direct the respondent no. 2 to provide all facilities, amenities, grants, funds etc as per the rules of BCCI, to JKCA headed by petitioner No. 2 for the promotion of game of cricket in State of Jammu and Kashmir.
2. Admittedly, the petitioners were elected in election held on 12.05.2014 and as per their version, the term of office bearers is three years which has expired on 12.05.2017. Therefore, in view of the order passed by this Court today in OWP No. 787/2017 and OWP No. 464/2017, nothing survives adjudication in this writ petition. Accordingly the same is disposed of.
OWP No. 576/2017
1. In this writ petition, the petitioner inter alia has prayed for the following reliefs;
__________________________________________________________________________________ OWP Nos. 787/17,464/17,1970 ,1510 of 2015 and 576 of 2017 Page 25 of 27 By issuance of a writ of certiorari, both minutes of meeting dated 03.10.2015 wherein the private respondents have been confirmed as genuine administration of club and decision of 2009 to the effect of genuineness of the petitioners has been quashed, be quashed to the said extent. The minutes of meeting dated 20.07.2015 and 18.09.2016 also being fraudulent be quashed to the extent of participation of private respondents along with all other adverse decisions taken by the respondent JKCA against the petitioners. The JKCA be further directed not to release funds in favour of the private respondents and to provide all facilities to the petitioners. The private respondents be restrained from impersonating themselves as members of petitioner club and be directed to deposit all grants and aids in favour of the petitioners. The JKCA be directed not to release any funds and to recover all funds already paid to the private respondents and pay the same in favour of the petitioners.
By issuance of a writ of mandamus the respondent Association be directed to treat the petitioners as genuine representatives of the petitioner Club for all purposes whatsoever with all consequential benefits and give no such recognition to private respondents in any manner whatsoever.
__________________________________________________________________________________ OWP Nos. 787/17,464/17,1970 ,1510 of 2015 and 576 of 2017 Page 26 of 27 By issuance of a writ of prohibition the private respondents be restrained from interfering in the smooth functioning of the petitioner Club in any manner whatsoever, as same shall be in the interest of justice.
2. For the reasons assigned by this Court in the judgment passed today in OWP No. 787/2017 and OWP No. 464/2017, the writ petition is disposed of with liberty to the Ombudsman who may be appointed by the Administrators to adjudicate the dispute raised by the petitioner in accordance with law if not already decided. Accordingly, the writ petition is disposed of.
(Alok Aradhe) Judge Srinagar 13 .10 .2017 Mujtaba __________________________________________________________________________________ OWP Nos. 787/17,464/17,1970 ,1510 of 2015 and 576 of 2017 Page 27 of 27