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HC appoints former judges to conduct JKCA elections

LocalHC appoints former judges to conduct JKCA elections

The High Court on Friday appointed Justice C K Prasad, former judge of the Supreme Court and Justice Syed Rafat Alam, ex-Chief Justice of MP and Allahabad High Courts, as administrators of the J&K Cricket Association for conducting free and fair elections within two months.JKCA

Disposing of bunch of petitions, a bench of Justice Alok Aradhe also directed the administrators to ensure that the rules of the J&K Cricket Association are amended in conformity with the recommendations made by the Lodha committee which has already been accepted by the Supreme Court.

The court also directed the board of control for cricket in India, BCCI, and the association to render all assistance to the administrators for effectively performing their duties.

“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. 

“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.”

The administrators, the court said, shall ensure that elections of JKCA office bearers are held after amendment of the rules.

The court however said that the administrators shall also be at liberty to appoint an ombudsman who shall decide the disputes between the members affiliated to the association.

It also directed the police to deposit Rs 40 crore seized by it with the association. “The treasurer shall not expend the amount so received in the account of the association without approval of the administrators”. 

The administrators, the court said, 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,” court said

In the petition, filed by Sajjad Ahmad Sofi and Sarfaraz Alam, a direction was sought to the BCCI to make JKCA functional and elect the management in light of the guidelines provided by the Supreme Court.

The JKCA on 19 July 2016 held a meeting of working committee chaired by Imran Raza Ansari as President. In the meeting observer of BCCI— Prem Thakur— was also present to oversee the election process. Ansari, Mehboob Iqbal, Iqbal Ahmad Shah, Abdul Rouf, Javid Ahmad Kitab, Chander Mohan Sharma, Shiban Lal Trakroo, Desh Rattan Dubey were elected as President, Chairman, General Secretary, Treasurer, Vice chairmen of Kashmir Wing and Jammu Wing and Joint Secretaries of Kashmir and Jammu Wings separately.

Later, the association by resolution on 18 September 2016 resolved to appoint ombudsman and accordingly Justice Iqbal Ahmad Ansari retired Chief Justice of Patna High Court was appointed on 2 January 2017. The Supreme Court inter-alia held that a person shall be disqualified for being an office bearer if he is a Minister or Government servant, holds any office or post in sports or athletic association.

The petitioners contended that elected body did not initiate the process of election and the members hold their positions in violation of the orders passed by the Apex Court.

Referring to Ansari, they said, he was disqualified being a politician and sports minister of the State. Similarly General Secretary of the association, Iqbal Ahmed Shah in view of his admission, was convicted in a criminal case, hence ineligible to the post. 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.

Senior counsel for BCCI submitted that the elections of the association were held on 19 July 2016 and the term of the office bearers expired on 18 July 2017 and thereafter there is no elected body of the association. (Courtesy Greater Kashmir)

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