BOARD OF CONTROL FOR CRICKET v. CRICKET AASOCIATION OF BIHAR
2017-08-23
A.M.KHANWILKAR, D.Y.CHANDRACHUD, DIPAK MISRA
body2017
DigiLaw.ai
ORDER 1. On 24th July, 2017, after hearing the learned counsel for the parties, the following directions were issued:- CA 4235/2014 “(a) The Special General Meeting shall be held at the time and date fixed. (b) The meeting shall be attended only by the Office Bearers of the Associations, not by nominees or representatives. (c) All concerned shall implement the recommendations of the Justice Lodha Committee Report as far as practicable, barring the issues which have been raised pertaining to membership, number of members of the selection committee, concept of associate membership, etc. The purpose is to implement the report as far as practicable and, thereafter, it shall be debated as to how the scheme of things can be considered so that the cricket, the 'gentleman's game', remains nearly perfect. Be it noted, the issue with regard to disqualification or qualification of the representative is kept open.” 2. It is submitted by Mr. Gopal Subramaniam, learned Amicus Curiae and Mr. Parag P. Tripathi, learned senior counsel appearing for the Committee of Administrators that none of the recommendations of Justice Lodha Committee have been implemented. 3. Mr. Puneet Bali, learned senior counsel appearing for the Office Bearers of the B.C.C.I., would submit that certain recommendations have been implemented. The said voice is echoed by Mr. Kapil Sibal and Mr. Tushar Mehta, learned senior counsel appearing for some of the Associations. 4. Having heard learned counsel for the parties, we think it appropriate to direct the Committee of Administrators to prepare a draft Constitution in terms of the main judgment as well as the order dated 24th July, 2017. A copy of the draft Constitution shall be handed over to Advocates-on-Record assisting the learned counsel for the respondents. A copy of the draft Constitution be also handed over to Mr. B.K. Prasad, learned counsel assisting Mr. Ranjit Kumar, learned Solicitor General. Suggestions, if any, to the draft Constitution be handed over to the learned counsel assisting the learned Amicus Curiae and Mr. Parag P. Tripathi so that they can prepare a chart and will be in a position to give their comments. 5. Be it stated, as per the previous order appointment of two members to the Committee of Administrators was to be considered today. The said exercise shall be carried out at 2 p.m. on 19th September, 2017. The earlier date fixed for hearing i.e.5th September, 2017, stands cancelled. 6.
5. Be it stated, as per the previous order appointment of two members to the Committee of Administrators was to be considered today. The said exercise shall be carried out at 2 p.m. on 19th September, 2017. The earlier date fixed for hearing i.e.5th September, 2017, stands cancelled. 6. On the next date of hearing, besides the three aspects that have been mentioned in the order dated 24th July, 2017, any aspect which is sought to be raised by the Associations can be raised. But, it is to be impressed that the suggestion must have acceptable sanctity. It should not be raised for the sake of raising an objection. 7. In the meantime, notice of show cause be issued to Mr. C.K. Khanna, Mr. Anirudh Chaudhry and Mr. Amitabh Choudhary, the Office Bearers of the B.C.C.I., so that they can explain why nothing could happen in the last Special General Meeting with regard to the implementation of the report of the Justice Lodha Committee. They shall also remain personally present before this Court on the next date of hearing i.e. at 2 p.m. on 19th September, 2017. Call on the date fixed.