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2018 DIGILAW 1074 (HP)

District Cricket Association, Lahaul And Spiti v. State Of Himachal Pradesh

2018-06-11

CHANDER BHUSAN BAROWALIA, TARLOK SINGH CHAUHAN

body2018
JUDGMENT Tarlok Singh Chauhan, J —The instant petition has been filed claiming therein the following substantive reliefs:- (i) That an appropriate writ order or direction may very kindly be issued and the appointment of Adhoc Committee to run the affairs of Cricket in District Lahaul & Spiti appointed by respondent No. 3 vide communication dated 27.04.2016 may very kindly be quashed and set aside in the interest of law and justice. (ii) That appropriate writ order or direction may very kindly be issued for formation of the HPCA strictly in consonance with the judgments passed by the Hon''ble Apex Court in CWP No. 4235/2014 in case titled as BCCI vs/ Cricket Association of Bihar & others in the shortest possible period. (iii) That writ order or direction may very kindly be issued directing the respondent No. 3 to allow the elected body of District Cricket Association Lahaul & Spiti of which Sh. Gautam Thakur is President and Sh. Rakesh Shashni is the Secretary who run the affairs of Cricket in district Lahaul & Spiti. (iv) That directions may very kindly be issued to respondents No. 1 and 2 to register a criminal offence under appropriate sections of IPC and other laws against the members of the Interim Committee of HPCA, Adhoc Committee of district Lahaul & Spiti Cricket Association being appointed by respondent No. 3, as also against the members of the Selection Committee who have allegedly asked for bribe for selection of players for the tournament as is evident from the material placed on record. 2. When the case came up for consideration before this Court on 31.05.2018, an apprehension was expressed by the petitioner that the on-going selection to the District Cricket Association, Lahaul & Spiti may not be held in a fair and transparent manner and accordingly this Court appointed a Selection Committee to conduct the trials on 01.06.2018. 3. Pursuant to the said direction, the Selection Committee has submitted its report in a sealed cover, which was taken on record during the course of proceedings held before the Vacation Judge (Justice Chander Bhusan Barowalia, Judge) , on 06.06.2018. 4. As per the report, the Selection Committee has selected fifteen players whereas six players have been kept standby. We are informed that some of the selected players have not reported, therefore, needless to say that their places shall be filled up out of the six standby players. 4. As per the report, the Selection Committee has selected fifteen players whereas six players have been kept standby. We are informed that some of the selected players have not reported, therefore, needless to say that their places shall be filled up out of the six standby players. 5. As observed earlier, the petitioner has prayed for a number of reliefs but we are not inclined to go into all of the questions as raised in this petition for the simple reason that not only is the matter sub judice before the Hon''ble Supreme Court but even otherwise there are disputed questions of facts, which cannot be gone into by this Court in exercise of its writ jurisdiction. Apart from the above, this Court was primarily concerned with the fair and transparent selection which now stands undertaken by the Selection Committee appointed by us. 6. The remaining fee of the Selection Committee be paid by respondent No. 3 within 24 hours. 7. The interim orders passed by this Court from time to time are made absolute. 8. The petition is accordingly disposed of, leaving the parties to bear their own costs.