BCCI: Out of Rs 120 Cr Allocated to JKCA,Rs 80 Cr Embezzled

Srinagar—The Jammu and Kashmir High Court on Friday appointed Justice C. K. Prasad, former judge of the Supreme Court, and Justice Syed Rafat Alam, former Chief Justice of Madhya Pradesh and Allahabad High Courts, as administrators of the J&K Cricket Association to conduct and ensure free and fair elections to be completed in two months.

A single bench of the court comprising Justice Alok Aradhe passed a slew of directions while disposing of clubbed petitions including one filed Sajjad Ahmad Sofi and Sarfaraz Alam, alleging that due to infighting between rival political groups, JKCA has been left non-functioning.

The court also directed the administrators to ensure that the rules of the J&K Cricket Association are amended in conformity with the recommendations made by the Lodha committee which has already been accepted by the Supreme Court.

The court also directed the BCCI and the association shall render all assistance to the Administrators, to effectively perform their duties.

“The expenditure to be incurred for travelling expenses and for stay of Administrators shall be borne by the association. In addition the administrators shall be entitled to remuneration of Rs. 75000 each per working day.

“The administrator may make appointment of such persons so as to assist them to hold free and fair elections of the office bearers of the association.”

The administrators, it said, shall ensure that elections of JKCA office bearers are held after amendment of the rules for electing office bearers of the association.

“The administrator shall also be at liberty to appoint an ombudsman who shall decide the disputes between the members affiliated to the association.”

It also directed the police authorities to deposit the amount seized by it in favour of the association.

The BCCI has revealed that out of Rs 120 crores allocated by BCCI to the JKCA, a sum of Rs 80 crores has been embezzled and an amount of Rs 34 crores was seized by the police

“The treasurer shall not expend the amount so received in the account of the association without approval of the administrators. The administrators may also appoint a financial advisor, who shall maintain proper accounts. The administrators shall also be at liberty to appoint ombudsman if so advised. After elections are held the newly elected body shall be entitled to expend the amount as per norms of BCCI.”

The petitioner duo had sought a direction to the BCCI to make JKCA functional and elect the management in light of the guidelines by apex court.

The JKCA on 19 July 2016 held a meeting of working committee chaired by Imran Raza Ansari as President. In the meeting observer of BCCI— Prem Thakur— was also present to oversee the election process. Ansari, Mehboob Iqbal, Iqbal Ahmad Shah, Abdul Rouf, Javid Ahmad Kitab, Chander Mohan Sharma, Shiban Lal Trakroo, Desh Rattan Dubey were elected as President, Chairman, General Secretary, Treasurer, Vice chairmen of Kashmir Wing and Jammu Wing and Joint Secretaries of Kashmir and Jammu Wings separately.

Later, the association by resolution on 18 September 2016 resolved to appoint ombudsman and accordingly Justice Iqbal Ahmad Ansari retired Chief Justice of Patna High Court on 02 January 2017. The Supreme Court inter-alia held that a person shall be disqualified for being an office bearer if he is a minister or government servant, holds any office or post in sports or athletic association.

The petitioners contended that elected body did not initiate the process of election and the members hold their positions in violation of the orders passed by the Apex Court. They said the association, therefore, had no authority to appoint ombudsman. They also contended that the association was required to incorporate recommendations of the Lodha committee in the rules governing the association and then to conduct the election.

Referring to Ansari, they said, he was disqualified being a politician and sports Minister of the State. Similarly General Secretary of the association, Iqbal Ahmed Shah in view of his admission, was convicted in a criminal case, hence ineligible to the post. It is also submitted that the treasurer of the Association was disqualified as he was above 70-years of age. Similarly the chairman had incurred disqualification as he had served the association for a term of more 9 years.

Senior counsel for BCCI submitted that the elections of the association were held on 19 July last year and the term of the office bearers has expired on 18 July last year and thereafter there is no elected body of the Association. He urged that an administrator should be appointed, as there is no provision of holding over the post in the rules of the association.

The BCCI said an administrator should be appointed, as there was no provision of holding over the post in the rules of the association. He also argued that the elections of the JKCA should be held as per the guidelines of the Supreme Court after incorporation of recommendations of report(s) submitted by Lodha committee in the JKCA rules. He also pointed out that administrators were appointed for the State level bodies for Hyderabad and Delhi by the respective High Courts and similarly an administrator should also be appointed for the JKCA for holding free and fair elections.

The BCCI also revealed that out of Rs 120 crores allocated by BCCI to the JKCA, a sum of Rs 80 crores has been embezzled and an amount of Rs 34 crores was seized by the police which should be handed over to the administrator so as to enable him to meet the necessary expenditure. Thereafter the funds should be placed at the disposal of the newly elected body which may spent the amount as per the norms fixed by the BCCI.

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