In a much publicized petition filed against the Board of Control for Cricket in India (BCCI) and its affiliated body, Jammu and Kashmir Cricket Association (JKCA), the High Court of Jammu and Kashmir and Ladakh at its Jammu Wing on Thursday dismissed the petition seeking fresh conduct of the elections terming it as misconceived and total abuse of the process of law.
In a judgment passed by the Acting Chief Justice of High Court of Jammu and Kashmir and Ladakh at Jammu, Justice Tashi Rabstan and Judge Mohan Lal, the Court observed that the settled proposition of law as enunciated (supra) the present application is misconceived and total abuse of process of law as such the same being not maintainable is dismissed.
As per the brief case history of the case, Desh Rattan Dubey, Petitioner(s) through Advocate Parveen Kapahi V/s BCCI and others, Respondent(s) through Advocate Parimoksh Sethi, Senior Advocate Rahul Pant, with Advocate Rajat Gupta, application was filed by the applicants submitting that the respondent No.1 may be directed to initiate the process of amendment of constitution of JKCA and hold its election thereby electing its office bearer as they are guilty of disobedience of the order of the court dated 23/03/2021 passed in LPAW No 14/2019 and other connected matters as they have failed to conduct in a manner as called for by the Court to amend the constitution and hold the elections and remove respondent no.2 to 5 as they are conflict of interest as per the Lodha recommendation approved by the Supreme Court and appoint independent committee having no conflict of interest.
The applicant also submitted that in alternative, the Court direct to fix timeline for amendment of the constitution and holding its elections or in alternative order passed and connected matters may be reconsidered in the light of the basic judgment/order passed which was later on confirmed by division bench of J&K High Court and punished them for contempt for disobeying the order of the Court by not amending constitution of JKCA.
The Learned counsel for the respondents 1 to 5 however, argued that the application is not maintainable as the same has been filed by the persons, who were not party to the original petition which was disposed off by the Division Bench of the High Court as such, the applicants have filed the application without filing application seeking impleadment.
On the other hand, learned Senior counsel for the respondent No.6, Rahul Pant relied upon a judgment of the Apex Court in State of UP V/s. BrahmDatt Sharma and another reported as AIR 1987 SC 943.
Taking a cue from the aforesaid judgment, it can safely be concluded 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.
However, considering the settled proposition of law, the Court observed that the application which is not only misconceived, but, also amounts to abuse of process of law needs to be dismissed.
