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JKCA power struggle reaches courtroom, Javed restrained from acting as president

Early Times Report

Jammu, July 3: The bitter power struggle within the scam-tainted Jammu and Kashmir Cricket Association (JKCA) intensified after the court restrained the elected and subsequently suspended president Javed Ahmad Kitab from acting on behalf of the association, dealing a significant setback to his rival faction's claim over the cricket body.
The Court of the Sub Judge/Special Mobile Magistrate, Jammu, granted ad-interim relief to the JKCA faction led by Honorary Secretary Vivek Khajuria by staying the operation of a notice and a press statement issued by Kitab. The court also barred him from exercising the powers of the office of the President until the next date of hearing, fixed for July 6. The order came in a civil suit filed by the JKCA through Honorary Secretary Vivek Khajuria, seeking a declaration, permanent prohibitory injunction and mandatory injunction against Kitab.
According to the suit, despite being placed under interim suspension by the JKCA Apex Council on June 25, Kitab continued issuing official communications, convening meetings and representing himself as the President of the association, allegedly creating competing centres of authority and administrative confusion within the cricket body.
The petition further challenged Notice No. JKCA/PR/SGR/53 dated June 25, the Special General Meeting (SGM) held on June 27, and the subsequent press statement, alleging that they were unconstitutional, issued without authority and in violation of both the JKCA Constitution and an earlier court order.
After hearing the parties and examining the material placed on record, the court observed that the plaintiff had established a prima facie case warranting interim protection.
It held that allowing competing claims over the presidency could lead to administrative uncertainty, multiplicity of proceedings and serious disruption in the governance and functioning of the association. The court further observed that the balance of convenience lay in favour of the plaintiff and that irreparable loss would be caused if interim protection was not granted.
Accordingly, the court stayed the operation and effect of the June 25 notice, the June 27 press statement and all consequential proceedings arising from them until the next hearing.
The court also restrained Kitab from representing himself before members, affiliated units, public and financial institutions or any other stakeholders as exercising the powers of the office of the JKCA President.

The Court granted ad-interim relief to the JKCA faction led by Honorary Secretary Vivek Khajuria by staying the operation of a notice and a press statement issued by Kitab. The court also barred him from exercising the powers of the office of the President until the next date of hearing, fixed for July 6.

He was further prohibited from issuing communications or taking administrative decisions in the name of the association.
However, the court clarified that the interim order should not be construed as expressing any opinion on the merits of the allegations against Kitab or as validating the resolutions passed by the JKCA Apex Council. It also granted him liberty to file his written statement, raise objections, participate in proceedings before the Ombudsman and seek appropriate relief before the competent forum.
The court order comes barely days after the rival JKCA faction reinstated Kitab as President during a Special General Meeting (SGM) held in Srinagar, reversing the suspension imposed on him by the Apex Council on June 25.
In a statement issued after the meeting, the General Body declared all orders, notifications, resolutions and communications issued by the Honorary Secretary since May 21 as "null and void" and reaffirmed Kitab's leadership.
The General Body also declared the June 25 resolution suspending the President and the June 26 notification appointing an officiating President as unconstitutional, illegal and without jurisdiction.
The meeting approved a series of administrative reforms, including the appointment of retired Justice Deepak Verma as Ombudsman, authorisation to appoint an Ethics Officer, transparent recruitment of key officials, including the Chief Executive Officer (CEO), through public advertisement, formulation of a code of conduct for players and office-bearers, mandatory service by JKCA-sponsored BCCI-qualified coaches for at least 10 years and financial assistance to the Cricket Players' Association.
The suspension of Kitab was ordered on June 25 after the JKCA Apex Council, led by Honorary Secretary Vivek Khajuria, passed a resolution by an 8-0 majority.
According to the notification, the resolution was circulated among eligible members under Rule 23(i) of the JKCA Constitution. Since the matter related to the conduct and suspension of the President, it was not circulated to Kitab.
The JKCA formally declared the results of its long-delayed elections on May 21 after the interim stay on the declaration of results was vacated following the withdrawal of a petition before the Supreme Court.
Javed Ahmad Kitab was elected President, Desh Rattan Dubey Vice-President, Vivek Khajuria Honorary Secretary, Wajahat Majeed Joint Secretary, Rajan Singh Treasurer, and Anil Kumar Koul and Rakesh Koul as members of the Apex Council.