BOARD OF CONTROL FOR CRICKET IN INDIA AND ORS. versus CRICKET ASSOCIATION OF BIHAR & ORS.

Citation: [2018] 9 S.C.R. 526 · Decided: 09-08-2018 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Directions issued

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 9 S.C.R.
BOARD OF CONTROL FOR CRICKET IN INDIA AND ORS.
v.
CRICKET ASSOCIATION OF BIHAR & ORS.
(Civil Appeal No. 4235 of 2014)
AUGUST 09, 2018
[DIPAK MISRA, CJI, A. M. KHANWILKAR AND
DR. D. Y. CHANDRACHUD, JJ.]
Sports – Cricket – Reforms in the administration of – Draft
Constitution for Board of Control for Cricket in India (BCCI)–
Reforms in the administration of cricket proposed by a Committee
chaired by Justice Shri R. M. Lodha – Accepted by Supreme Court
in Board of Control for Cricket in India versus Cricket Association
of Bihar reported as [2015] 1 SCR 165 – A Committee of
Administrators (CoA) entrusted to prepare the draft Constitution –
CoA filed draft Constitution for BCCI and its office bearers –
Suggestions to the draft received from various stakeholders – Held:
Three cricket associations each in the State of Maharashtra
(Maharashtra, Mumbai and Vidarbha) and in Gujarat (Gujarat,
Baroda and Saurashtra) have long and abiding history of
nurturing talent for cricket in India – Full membership in the
Constitution of the BCCI is restored to the aforesaid associations –
However, the decision not to grant the status of full members to the
National Cricket Club and the Cricket Club of India is maintained
– Contribution of Railway Sports Promotion Board (Railways) to
the cause of Indian Cricket is noteworthy – Amendment proposed
by the amicus to the draft Constitution with regard to Railways is
accepted – Having regard to the pre-eminent position occupied by
the Services Sports Control Board including the Army, Navy and
Air Force in propagating the cause of cricket, the same principle
followed in the case of Railways to be followed in their case also –
Full membership is also granted to the Association of Indian
Universities – Number of selectors modified from three to five –
Term for all posts of office bearers in BCCI and in State
Associations shall be three years – There shall be a cooling off
period of three years after an individual has held the post of an
office bearer for two consecutive terms either in a State Association
  [2018] 9 S.C.R. 526
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or in the BCCI or a combination of both – Further, Clause 15 (1) in
regard to the Apex Council responsible for the administration of
the Board, approved – In regard to disqualifications, Clauses 29,
33(1), 33(2) and 45 of the draft Constitution proposed with
modifications, approved – Further directions issued.
Reforms in the administration of Cricket were proposed
by a Committee chaired by Justice Shri R.M. Lodha. The reforms
were accepted by Supreme Court in its judgment dated 18th July,
2016 in Board of Control for Cricket in India versus Cricket
Association of Bihar reported as [2015] 1 SCR 165. Supreme
Court directed that a Committee of Administrators (CoA) shall
supervise the administration of Board of Control for Cricket in
India (BCCI). The CoA was constituted. On 24th July, 2017,
Supreme Court inter alia directed that recommendations of the
Lodha Committee be implemented. The CoA was entrusted to
prepare a draft Constitution in accordance with the judgment
rendered on  18th July, 2016 and the order dated 24th July, 2017.
Suggestions received to the draft from various stakeholders were
filed by the CoA, together with comments on the proposed
suggestions, in status report dated 12th January, 2018.
On 5th July, 2018, Supreme Court reserved orders on the
question of finalizing the draft Constitution.
Issuing directions, the Court
HELD: A. Issues relating to membership and Associate
Membership: One State-One Vote
1.1 Rule (3)(a)(i) of the draft Constitution contemplates that
membership of BCCI shall consist of (i) Full members and; (ii)
Associate members. Historically in the State of Maharashtra,
there have been three associations, each of which fields its own
cricket team in the Ranji Trophy: (i) Maharashtra; (ii) Mumbai
and; (iii) Vidarbha. Similarly, in the State of Gujarat, there have
been three associations representing: (i) Gujarat; (ii) Baroda;
and (iii) Saurashtra. In both the States, these associations have
made a signal contribution to the cricketing history of the nation.
Besides, fielding teams for the Ranji Trophy, these associations
have produced players of national and international repute. It is
necessary to restore full membership in the constitution of the
BOARD OF CONTROL FOR CRICKET IN INDIA v.
CRICKET ASSOCIATION OF BIHAR
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SUPREME COURT REPORTS
[2018] 9

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