Supreme Court refuses to stay J&K High Court’s proceedings against JKCA

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Supreme Court refuses to stay J&K High Court’s proceedings against JKCA. Pic/KSW

SRINAGAR: The District Cricket Forum Kulgam and Anr moved a petition vide diary no.23262/2020 in Supreme Court seeking a restraining order against proceedings in LPA(OW) 14/2019 pending before DB headed by Honourable Chief Justice Geeta Mittal, Jammu & Kashmir High Court against Jammu and Kashmir Cricket Association for illegally and arbitrarily excluding the cricket clubs from the membership of JKCA.

Advocate Vasundhara Pathak Masoodi while appearing on behalf of Kashmir Gymkhana Cricket Club and various other cricket clubs (original members of earstwhile Jammu and Kashmir Cricket Association) opposed the restarining order sought by petitioners.

Upon hearing the parties Supreme Court refused to stay the proceedings in LPA (OW) 14/2019 pending before Devision Bench of J&K High Court and adjourned the matter to next date of hearing post vacations in November. The case listed now on November 19 in Supreme Court while next hearing of case in J&K High Court is on November 10.

Pertinently,the original members i.e the cricket clubs that comprised the original general body allegedly have been ‘illegaly and arbitrarly’ removed from the Jammu Kashmir Cricket Association by current CEO and Administrators.

Over 20 cricket clubs moved interim applications in the Supreme Court last year seeking restoration of their membership.

Arguing in favour of cricket clubs advocate Vasundhara Pathak Masoodi agitated that the removal of cricket clubs from the basic membership of JKCA is not only malafide and colourable exercise of discretion, a brazen and blatant violation of principal judgment dated 18.07.16 passed by Supreme Court in BCCI matter but also against article 19 (1)(c) of Constitution of India, hence,ultra vires the constitution.

Courtesy :Kashmir Patriot (https://kashmirpatriot.com/2020/11/06/supreme-court-refuses-to-stay-proceedings-before-against-jkca-3/)

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