J&K&L High Court Dismisses Plea By District Cricket Bodies Seeking Inclusion In JKCA Electoral College; Says No Enforceable Right

Dismissing their petition Justice Moksha Khajuria Kazmi held that the petitioners have no enforceable right to participate in the JKCA electoral process under the existing approved constitution.

Background of the Case:

The petitioners, comprising District Kathua Cricket Association and other District Cricket Associations had approached the High Court by way of a writ petition challenging their exclusion from the Electoral College constituted for the forthcoming elections of the Jammu and Kashmir Cricket Association. The grievance of the petitioners stemmed from directions issued by the Supreme Court of India on 27 October 2025 in an SLP whereby elections of JKCA were ordered to be conducted.

The petitioners contended that despite being stakeholders involved in grassroots cricket activities, they were excluded from the electoral process. They relied heavily on the recommendations of the Lodha Committee, approved by the Supreme Court, and also referred to an earlier Division Bench judgment wherein the Board of Control for Cricket in India (BCCI) had been directed to consult all stakeholders, including District Cricket Associations, while finalising amendments to the JKCA Constitution.

On this basis, the petitioners sought multiple directions, including mandamus commanding the BCCI and other respondents to accept their nominees in the JKCA elections, to halt the election process till voting rights were accorded to them, and to provide adequate representation to District Cricket Associations in the Electoral College.

The principal issue raised before the Court was whether District Cricket Associations, by virtue of their involvement in grassroots cricket, possess a fundamental or legal right to be included in the Electoral College of JKCA and to participate in its elections, especially in light of the Supreme Court's order dated 27.10.2025.

Court's Observations and Reasoning:

After hearing counsel for the parties, the Court examined the Supreme Court's order dated 27.10.2025, which formed the fulcrum of the petitioners' case. Reproducing paragraph 5 of the said order, the Court noted that the Supreme Court had clearly directed that elections of JKCA were to be conducted “in terms of the approved constitution of JKCA”.

Quoting the Supreme Court, the High Court observed,

“Mr. Achal Kumar Jyoti shall without awaiting for further formal registration of the constitution of JKCA pending with the Registrar of Societies, conduct the election of JKCA in accordance with the approved constitution within a period of 12 weeks from today.”

The Court found that the reliance placed by the petitioners on the Supreme Court's directions was misconceived. It observed that the existing approved Constitution of JKCA, particularly Clause 4 of the Memorandum of Association and Rules and Regulations (Amended, 2018), recognises only twenty-five cricket clubs as members and does not include any District Cricket Association as a constituent member.

Rejecting the argument that involvement at the grassroots level automatically confers electoral rights, the Court categorically observed,

“It would be wrong to say that the Supreme Court in terms of order dated 27.10.2025 directed for inclusion of the petitioner association in the constitution or have been granted any right to vote.”

The Court further held that, on the contrary, in light of the Supreme Court's order, the petitioners had no right to approach this court by way of present writ petition.

Addressing the contention that District Cricket Associations had no representation before the Supreme Court when the order dated 27.10.2025 was passed, the Court declined to entertain the plea, observing that such an argument could not be raised or appreciated at this stage.

Emphasising the limits of the High Court's jurisdiction when directions have already been issued by the Supreme Court the Court made it clear that it could not expand or modify the scope of those directions by ordering inclusion of new entities in the Electoral College or by halting the election process.

In a clear and firm observation, the Court stated,

“This court cannot enlarge the scope of the directions passed by the Supreme Court in terms of order dated 27.10.2025 and direct for inclusion of the petitioners Associations in the Electoral College, to halt the process of election till such inclusion of the petitioners and to provide adequate representation to the petitioners by providing them the voting rights in the Electoral College.”

Concluding that the petitioners had failed to make out any legally sustainable case, the High Court held that the writ petition was devoid of merit and hence dismissed the same.

Case Title: District Kathua Cricket Association & others Vs Board of Control for Cricket in India and others

Citation: 2025 LiveLaw (JKL) 330

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