In a much publicized petition filed against the Board of Control for Cricket in India (BCCI) and its affiliated body, the Jammu and Kashmir Cricket Association (JKCA), the Jammu and Kashmir and Ladakh High Court on Thursday dismissed the petition at its Jammu wing. Describing the election as wrong and a complete misuse of the process of law, demanded fresh elections.

In a judgment passed by the Acting Chief Justice of the Jammu and Kashmir and Ladakh High Court, Justice Tashi Rabastan and Justice Mohan Lal, the court held that the established proposition of law as enunciated (supra) is misconceived and the total process of law The misuse of the law is rejected because it is not sustainable.

As per the brief case history of the matter, Petitioner Desh Ratan Dubey through Advocate Parveen Kapahi Vs BCCI & Ors, Respondent through Advocate Parimoksha Sethi, along with Senior Advocate Rahul Pant, Advocate Rajat Gupta, filed the application. Filed by the Applicants submitting that the Respondent No.1 may be directed to initiate the process of amending the constitution of the JKCA and conduct its elections so as to elect its office bearers as they are in compliance with the order of the Court dated 23 /03/ are guilty of disobedience. 2021 passed in LPAW No. 14/2019 and other related matters for failing to conduct themselves in the manner called for by the Court to amend the Constitution and hold elections and to remove Respondent Nos. 2 to 5 as they are in conflict of interest Huh. Appoint an independent committee as per the Lodha recommendation approved by the Supreme Court and without any conflict of interest.

The applicant also submitted that in the alternative, the Court directs to amend the Constitution and fix a timeline for holding elections thereof or an alternative order is passed and reconsideration in the light of the original judgment/order passed on the relevant matters. which was later confirmed. A division bench of the Jammu and Kashmir High Court punished him for contempt for disobeying the court’s order by not amending the JKCA’s constitution.

Learned counsel for respondents 1 to 5 argued that the application is not maintainable as it has been filed by persons who were not parties to the original petition, which was disposed of by the Division Bench of the High Court. , the applicants have filed the application without filing an application for impleadment.

On the other hand, Rahul Pant, Senior Advocate for Respondent No. 6 relied upon a judgment of the Supreme Court in the case of State of UP Vs. Brahmdutt Sharma and another reported as AIR 1987 SC 943.

Taking a cue from the aforesaid judgement, it can be safely concluded that no miscellaneous application can be filed after disposal of a writ petition as the High Court has no jurisdiction to entertain the application as its No proceedings are pending before it.

However, considering the established proposition of law, the Court observed that the application which is not only erroneous but also an abuse of the process of law, needs to be dismissed.