news details |
|
|
| HC stayed JKCA nomination to SCC | | | Jammu, June 26 (JNF): Vacation Judge of J&K High Court Jammu Wing Justice Janak Raj Kotwal today in a significant order, has stayed the Nomination to J&K Cricket Association of Shastri Cricket Club, sent through Ravinder Kumar Gupta- plaintiff in the Suit and respondent in the High Court. Besides Justice Kotwal has admitted the petition under Section 104 of the Constitution of J&K filed by petitioner Shambu Nath Sharma through Advocates A K Sawhney and Aseem Sawhney.
While staying the nomination to JKCA of Shastri Cricket Club, Justice Janak Raj Kotwal observed that after hearing Adv Aseem Sawheny observed that Petitioner, who is defendant no.1 in the suit pending before the trial court, is aggrieved of ex-parte ad interim direction issued vide order dated 07.05.2014 whereby President JKCA seems to have been directed to entertain the nomination of respondent no.1 (Ravinder Kumar Gupta) for Working Committee Meeting of Jammu & Kashmir Cricket Association to be held on 12.05.2014.
Advocate Aseem Sawhney urged before the Court that J&K Cricket Association is a registered umbrella body, to which various cricket clubs are affiliated. One the cricket clubs is the Shastri Cricket Club pertaining to whose president ship there is a dispute between the parties and in this connection the petitioner's president ship of Shastri Cricket Club has been challenged by the plaintiff (respondent in high Court ) Ravinder Kumar Gupta. He further submitted that JKCA under the president ship of Dr Farooq Abdullah invited nominations from all the constituent clubs vide advertisement dated 1.5.2014. From 2005 till 2014 the Shastri Cricket Club was being represented by the petitioner Shabu nath Sharma and all fees, necessray meetings, subsidies etc were being handled by him and the suit so filed was pending at the stage of evidence. But the respondent/ plaintiff filed an application under section 151 Cr PC before the Trial Court of City Judge Jammu and the trial Court passed the order dated 7.5.2014, directing the JKCA - defendant no. 2 to accept the nomination of the plaintiff Ravinder Kumar Gupta under rules. The said Order dated 7.5.2014 passed by the City Judge was challenged by the petitioner in this petition, alleged that the same was passed ex parte, violating the principles of natural justice and against the settled position of law and against the facts. counsel for the petitioner further submitted in a pending suit from last 9 years that too at the stage of evidence the Trial Court has passed an exparte order, without issuing a notice to the defendant no. 1 - petitioner and an order which has virtually dislodged the petitioner from the presidentship of his Club and his right to participation in the JKCA. He further alleged that neither the date was pre-poned in the Suit, nor file examined and the Trial Court was swayed away by the exparte misleading submissions of the plaintiff. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
