Onlykashmir.in News Desk
The 2nd Additional District Judge, Srinagar, Naushad Ahmad Khan, has declined to grant interim relief seeking deferment of the Jammu and Kashmir Cricket Association’s Annual General Meeting, scheduled for September 27 in Jammu, clearing the way for the meeting to proceed as planned.
The plea came through an application filed under Section 151 of the Code of Civil Procedure, seeking to put off the AGM that JKCA had notified on September 6. The application was moved within a pending civil suit filed by Javed Ahmad Kitab, who claims to be the elected President of JKCA. His underlying case centres on his alleged suspension and the subsequent constitution and functioning of the Apex Council, along with the appointment of an Ombudsman.
In an order dated September 26, Judge Naushad Ahmad Khan weighed the request for an interim restraint on the AGM but chose not to halt it. In a related proceeding tied to the same meeting, the court also took up pleas challenging the JKCA notice and alleging non-compliance with provisions of the JKCA Constitution.
The court was careful to clarify that rejecting the interim application does not amount to a final ruling on whether the AGM notice itself is legal or valid. Questions around constitutional compliance, the authority behind the notice, circulation of the required material and the validity of resolutions that may be passed at the AGM have all been left open for adjudication in the appropriate proceedings later.
Judge Khan further observed that the applicants had failed to establish the grounds ordinarily needed for an interim injunction, including a strong prima facie case, a balance of convenience in their favour and a likelihood of irreparable harm if the AGM went ahead. With those grounds not made out, the court held there was no basis to restrain the meeting.
As things stand, the JKCA AGM set for September 27 will go ahead without restraint from the interim orders passed by the court, even as the larger legal dispute over the association’s leadership and governance remains pending before it.
