 Early Times Report
Jammu, July 6: The High Court of Jammu & Kashmir and Ladakh has dismissed the appeal filed by Sanjay Saraf in connection with the voting rights dispute between rival factions of Whites Cricket Club for participation in the elections of the Jammu and Kashmir Cricket Association (JKCA).
A Division Bench comprising Justice Sanjay Dhar and Justice Sanjay Parihar upheld the judgment of the Single Judge, who had dismissed Saraf’s writ petition challenging the order dated March 19, 2025 passed by the Ombudsman of JKCA.
The dispute arose after the JKCA Ombudsman recognized the faction of Whites Cricket Club headed by Rajeev Pandita for the limited purpose of taking part in voting for JKCA elections. Saraf had claimed that he was the lawful representative of Whites Cricket Club and challenged the Ombudsman’s order, alleging that it affected his voting rights and the representation of the club.
Appearing for the appellant, Mr. Danish Majid, Advocate, with Ms. Ahra Syed, Advocate, argued that the decision of the Ombudsman had an impact on the electoral college of JKCA and therefore could not be treated as a purely private dispute.
On the other hand, Mr. Rahul Pant, Senior Advocate, with Mr. Rajat Gupta, Advocate, and Mr. Arif Sikandar, Advocate, appeared for the respondents and supported the dismissal of the writ petition on the ground that the dispute lacked any public law element.
The Division Bench observed that although JKCA, being a constituent of BCCI, may be amenable to writ jurisdiction under Article 226 of the Constitution, every dispute involving JKCA cannot automatically become subject to writ jurisdiction. The Court held that the real test is whether the action under challenge involves a public duty or public function.
The Court said the present dispute was only about voting rights between two rival factions of a private cricket club and did not relate to team selection, functioning of JKCA, or any issue affecting the public at large.
The Bench further observed that a private dispute between two factions of a cricket club cannot be elevated to the status of a public law dispute. It also held that the Ombudsman whose order was challenged was not appointed under any statute or court order, but by JKCA, a private body, and therefore his decision could not be tested in writ jurisdiction for issuing a writ of certiorari.
Rejecting the plea that the appellant would be left remediless, the Court observed that he was free to approach the Civil Court for redressal of his grievances.
Finding no patent illegality in the judgment of the Single Judge, the Division Bench dismissed the appeal. (JNF) |
