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| HC dismisses plea challenging MoA by CAA of JKCA | | | Early Times Report
Srinagar, Dec 31: The State High Court today dismissed a petition, seeking directions to declare Memorandum of Associati-on (MOA) prepared by Court Appointed Administ-rators (CAAs) for managing affairs of Jammu and Kashmir Cricket Association as null and void.
The petition was filed by City Cricket Club, Srinagar and others.They had also sought 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, which have been accepted by the Supreme Court.
After hearing the rival contentions and on perusal of the record, a bench of Justice Sanjeev Kumar observed that that controversy revolves around the extent of the mandate CAAs as regards affairs of JKCA.
"I am of the considered view that this Court cannot entertain the plea of the petitioners that the Constitution/ Memoran*-dum 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.
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.
The Constitution/ MOA, registered by CAA of JKCA, has not been fully accepted by the COA of BCCI and it has suggested necessary corrections/ amendments in the Constitution to bring it in line with the Constitution of BCCI, 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 directions, issued by the Supreme Court, are clear and are not mere suggestions, which could have been offered for considerations to the General Council," the court said. |
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