
The High Court of Jammu & Kashmir and Ladakh has dismissed a writ petition filed by Sanjay Saraf concerning a factional dispute within the "Whites Cricket Club" (WCC). The Court ruled that the matter is a private civil dispute and does not meet the criteria for judicial review under Article 226 of the Constitution of India.
The petitioner, Sanjay Saraf, challenged an order dated March 19, 2025, issued by the "Ombudsman J&K Cricket Association" (JKCA), which recognized a rival faction of the WCC for voting purposes in upcoming elections. Saraf sought to be recognized as the sole eligible representative of the club.
Hon’ble Mr. Justice Rajesh Sekhri, in his judgment, emphasized that writ jurisdiction can only be invoked against bodies discharging public duties involving a "public law element" for collective benefit. The Court found:
The dispute is a "pure civil dispute" between two private factions of a cricket club.
The action complained of has no direct nexus with the performance of a public function or obligation.
The petitioner had already engaged the appropriate alternative remedy by approaching the Electoral Officer under Section 40(c) of the JKCA Memorandum of Association
The respondents JKCA AND BCCI, were successfully represented by a legal team led by Mr. Rahul Pant, Senior Advocate assited by Mr. Rajat Gupta, Adv and Mr. Arif Sikandar, Adv.
The Court concluded that since no element of public law was agitated or established, the petition was not maintainable and subsequently dismissed it along with all connected applications
The High Court of Jammu & Kashmir and Ladakh has dismissed a writ petition filed by Sanjay Saraf concerning a factional dispute within the "Whites Cricket Club" (WCC). The Court ruled that the matter is a private civil dispute and does not meet the criteria for judicial review under Article 226 of the Constitution of India.
The petitioner, Sanjay Saraf, challenged an order dated March 19, 2025, issued by the "Ombudsman J&K Cricket Association" (JKCA), which recognized a rival faction of the WCC for voting purposes in upcoming elections. Saraf sought to be recognized as the sole eligible representative of the club.
Hon’ble Mr. Justice Rajesh Sekhri, in his judgment, emphasized that writ jurisdiction can only be invoked against bodies discharging public duties involving a "public law element" for collective benefit. The Court found:
The dispute is a "pure civil dispute" between two private factions of a cricket club.
The action complained of has no direct nexus with the performance of a public function or obligation.
The petitioner had already engaged the appropriate alternative remedy by approaching the Electoral Officer under Section 40(c) of the JKCA Memorandum of Association
The respondents JKCA AND BCCI, were successfully represented by a legal team led by Mr. Rahul Pant, Senior Advocate assited by Mr. Rajat Gupta, Adv and Mr. Arif Sikandar, Adv.
The Court concluded that since no element of public law was agitated or established, the petition was not maintainable and subsequently dismissed it along with all connected applications
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