Jammu), December-15-2022-( JNF):- A Division Bench of Jammu & Kashmir and Ladakah High Court Comprising Acting Chief Justice Tashi Rabstan and Justice Mohan Lal today dismissed the petition filed by Desh Rattan Dubey seeking direction BCCI 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 this Hon’ble 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.
DB after hearing Adv Parveen Kapahi for the petitioner whereas Adv Parimoksh Seth for the BCCI, observed that Insofar as reference to Rule 67(2) of the J&K High Court Rules, 1999, is concerned, the same does not give any right to file the application of instant nature seeking fresh directions after disposal of the writ petition in as much as the same deals only with the applications as are maintainable after disposal of any appeal/petition or reference or other matters connected with it. In some cases, after the disposal of the petition/appeal or reference, there may be some kind of arithmetical or technical errors may require correction for which application may be maintainable, but, in the present application, applicants are seeking fresh directions, which is not permissible. The directions sought by the applicants do even travel beyond the main proceedings/writ petition as also the judgment dated 25.03.2021 passed by the Division Bench of this Court in LPAOW No.14/2019 and other connected petitions including petition WP(c) No.4524/2019 titled Des Rattan Dubey Vs. Board of Control for Cricket in India and others, in which present application has been filed. Moreover, most of the parties impleaded in the present application were not the parties before the writ Court besides the locus to file present application is not clear as it is not coming forth from the application filed by the applicants as to whether they were parties to any petition/appeal decided by the Division Bench vide its judgment dated 25.03.2021 or not.
With these observations, Court dimissed the petition. JNF