LexBOARD OF CONTROL FOR CRICKET versus CRICKET ASSOCIATION OF BIHAR & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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[2016] 8 S.C.R. 606
BOARD OF CONTROL FOR CRICKET
v.
CRICKET ASSOCIATION OF BIHAR & ORS.
(Civil Appeal No.4235 of2014)
JULY 18, 2016
(T.S. THAKUR, CJI AND
FAKKIR MOHAMED IBRAHIM KALIFULLA, J.]
SPORTS: Cricket administration - Recommendations made
by Lodha Committee for streamlining the working of the BCCI -
The Committee was assigned task to recommend such changes in
the Rules and Regulations of BCCI as would safeguard the interest
of public at large in the sport of cricket, improve the ethical standards
and discipline in the game, streamline and promote efficiency in the
management of BCCJ, provide accessibility and transparency and
prevent conflict of interest - Contention of BCCI that the Committee
failed to follow principles of natural justice and made its
recommendations unilaterally and therefore, report and
recommendation deserved to be rejected - Held: The report
submitted by the Committee is recommendatory in nature and
does not ipso facto oblige BCCJ to accept the changes suggested
therein unless so directed by the Court - That being so, any
grievance based on the alleged violation of the principles of natural
iustice and failure of the Committee to put the recommendations
proposed to be made before the BCCI for its re5ponse did not
constitute any substantive or procedural infirmity that could vitiate
the report or the recommendations or call for a remand to the
Committee - Principles of Natural Justice.
Recommendations of the Committee whether have tendency
to violate Art.19(1)(c) or any other provision of the Constitution -
Held: There is no violation of Art.19(1){c) - The recommendations
do not affect the composition of the State Cricket Associations in
any manner - Citizens who have come together to form the State
Associations continue to associate as before with no change in their
internal composition - However, right under Art.19(J)(c) does not
extend to guarantee to the ciiizt,;s the concomitant right to pursue
their goals and objects uninhibited by any regulatory or other control
- Constitutio11 of India - Art.19(J)(c).
606
BOARD OF CONTROL FOR CRICKET v. CRICKET
607
ASSOCIATION OF BIHAR
One State One Vote - Recommendation of conversion of clubs
A
and associations without a territory from full members to associate
members - Propriety of - Held: The fact that clubs including the
Railways Sports Promotion Board, Association of Indian Universities
and Services Sports Control Board do not represent any region nor
do they receive any monetary benefit is a good reason for converting 8
their full membership to associate membership - However, they shall
continue to be associated with the growth and promotion of the
game, the right to vote remaining confined to full members,
representing definite geographical regions or territories -
Recommendation made by the committee regarding the conversion
of the status of these clubs and associatidns are, therefore, sound C
and are accepted.
One State One Vote - State of Maharashtra and Gujarat -
Three clubs from each State - Recommendation made by Committee
that BCCI should choose one of the clubs to represent the entire
State - Submission that choice of one of the clubs to represent the
entire State was fraught with difficulty and would ignore the
historical perspective and the fact that these clubs had made
substantial contribution to the development and promotion of cricket
in this counfly - Held: The only reasonable and rational ansrver to
D
the problem within the broad principle of One State One Vote would
be to allow the full membership of BCCI to rotate among the three
E
clubs on an annual basis - During the period one of the associations
would exercise rights and privileges of a full membe1; the other two
associations would act as associate members of BCCI - This
rotational arrangement would give each member a right to vote at
its turn without violating the broader principle of One State One
Vote recommended by the Committee - This would also respect the
historical aspect in which these associations grew to promote the
game and form BCCI as a national body - This arrangement of
rotational membership shall continue till such time the clubs/
Associations come together to form a single entity, if such a
unification was to ever become a reality.
Recommendation as to the upper age limit of any office
bearer - Reasonableness of - Held: The upper limit of 70 years is
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