High Court Dismisses Plea Requiring BCCI To Hold Fresh Elections To J&K Cricket Association, Amend Its Constitution
The Jammu and Kashmir and Ladakh High Court on Thursday dismissed a plea requiring BCCI to initiate the process of amendment of constitution of J&K Cricket Association and to hold fresh elections of the body.
It was alleged that the present office bearers of JKCA are guilty of disobedience of a judicial order directing removal of 3 office bearers over conflict of interest.
A bench comprising Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta dismissed the plea as non-maintainable, stating that it was a miscellaneous application filed in a disposed of case. The bench reiterated that when proceedings stand terminated by final disposal of writ petition, it is not open to the Court to reopen the proceedings by means of a miscellaneous application, particularly in respect of a matter, which provide a fresh cause of action.
The respondents had submitted that the application was filed by persons who were not party to the original petition and is thus not maintainable. It was further argued that application can be filed in a disposed off matter under 67(2) of the High Court Rules but that application can be filed only by the parties to the petition for correction in case of any typographical error only in the original judgment. That was not the case here.
Adjudicating upon the matter the bench noted,
"Certainly, the applicants are seeking fresh directions in the application including fixing of timeline for amendment of the constitution of Jammu & Kashmir Cricket Association and holding its elections as is clear from the prayer made in the application", further adding "that no miscellaneous application could be filed in a writ petition after its disposal as the High Court has no jurisdiction to entertain the application as no proceedings are pending before it".
Buttressing the said position of law the bench placed reliance on Ghanasyam Mishra and sons Private Limited Vs. Edelweiss Asset Reconstruction Company Limited and others reported as 2022 Live Law (SC) 771 wherein the Supreme court deprecated the practice of indirectly seeking review of the orders of the Court by filing applications either seeking modification or clarification of the orders.
Rejecting the contention of the petitioner that the court was competent to invoke its powers under Section 151 CPC the bench observed that powers under the said provision cannot be resorted to when there is no lis pending before the Court.
Case Title : Desh Rattan Dubey Vs Board of Cricket Control In India.
Citation : 2022 LiveLaw (JKL) 250
Coram : Acting Chief Justice Tashi Rabstan & Justice Puneet Gupta
Counsel For Petitioner : Mr Parveen Kapahi.
Counsel For Respondent : Mr Parimoksh Sethi, Mr Rahul Pant, Mr Rajat Gupta
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