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2017 DIGILAW 1493 (SC)

BOARD OF CONTROL FOR CRICKET v. CRICKET AASOCIATION OF BIHAR

2017-09-21

A.M.KHANWILKAR, D.Y.CHANDRACHUD, DIPAK MISRA

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ORDER : In pursuance of our earlier order dated 23rd August, 2017, Mr. C.K. Khanna, Mr. Anirudh Chaudhry and Mr. Amitabh Choudhary, the Office Bearers of B.C.C.I. are personally present. 2. In the course of hearing, it is submitted by Mr. Parag P. Tripathi, learned senior counsel appearing for the Committee of Administrators that though a draft constitution was handed over to the office bearers of B.C.C.I. and also to all concerned, no suggestion has been received and a concerted attempt has been adopted by the office bearers of B.C.C.I. not to follow the judgment of this Court. 3. We may hasten to add that in our previous order dated 24th July, 2017, we have clearly indicated that three to four aspects shall be debated. The suggestions in that regard can be given to Mr. Parag P. Tripathi, learned senior counsel appearing for the Committee of Administrators. Needless to emphasize, Mr. C.K. Khanna, Mr. Anirudh Chaudhry and Mr. Amitabh Choudhary, Office Bearers of B.C.C.I. shall fully cooperate while giving the suggestions. If the aforesaid three Office Bearers do not give suggestions in accordance with the judgment of this Court which has accepted the Justice Lodha Committee report, they shall face serious consequences. The draft constitution shall include the suggestions given by Justice Lodha Committee in its entirety so that a holistic document comes before this Court. After the document is placed before the Court, the claims of Railways, Universities and Services and the other cricket Associations, who are of the view that concept of 'one State one vote' should not be applicable keeping in view their contribution to the game of cricket, shall be considered. The suggestions shall be given within three weeks hence. For the purpose of drafting out the constitution after taking note of the suggestions, to make it final for the purpose of approval by this Court, the Office Bearers of B.C.C.I. shall not hold a General Body Meeting. 4. At this juncture, an issue has arisen with regard to the associate membership for the Union Territory of Puducherry. There are three claimants. We do not intend to get into that. We ask the Committee of Administrators to supply the report of the Affiliation Committee to all the contesting Associations and, thereafter, take a decision which shall be a reasoned. At this juncture, an issue has arisen with regard to the associate membership for the Union Territory of Puducherry. There are three claimants. We do not intend to get into that. We ask the Committee of Administrators to supply the report of the Affiliation Committee to all the contesting Associations and, thereafter, take a decision which shall be a reasoned. The Association chosen by the Committee of Administrators shall be allowed to represent Puducherry if they are found fit. The Committee of Administrators shall afford an opportunity of hearing and decide the matter within two weeks hence. The contesting parties shall cooperate, otherwise the Committee of Administrators is under an obligation to take a decision within the stipulated time frame. 5. At this juncture, Mr. Tushar Mehta, learned senior counsel appearing for the Maharashtra Cricket Association, who has filed I.A. No.83844 of 2017, prays for release of Rs.4,91,29,687/-in favour of the applicant-Association or the bank directly and further to release the rest of the amount at the earliest for the purpose of maintenance of the stadium and continuation of cricketing practice. Mr. Parag P. Tripathi, learned senior counsel appearing for the Committee of Administrators has submitted that a system is in place for clearing such claims as stated in a letter dated 12th April, 2017. Regard being had to the totality of the facts and circumstances, we direct that the Association shall apply to the Committee of Administrators in terms of the communication dated 12th April, 2017, within one week and, thereafter, the Committee of Administrators shall take appropriate steps so that interest of cricket is not jeopardized and the Association does not face any kind of litigation and undue harassment. If the claims are not accepted by the Committee of Administrators, it shall ascribe reasons. The interlocutory application is, accordingly, disposed of. 6. At this juncture, similar grievances were agitated by the Saurashtra Cricket Association and the Assam Cricket Association. The order that has been passed in respect of Maharashtra Cricket Association shall apply on all fours to Saurashtra Cricket Association, Assam Cricket Association or any other Association. 7. Before parting with the order passed today, we may state that Mr. Gopal Sankarnarayanan, learned counsel appearing for the Justice Lodha Committee has requested a clarification on whether it should deal with the grievance in respect of certain matters. 7. Before parting with the order passed today, we may state that Mr. Gopal Sankarnarayanan, learned counsel appearing for the Justice Lodha Committee has requested a clarification on whether it should deal with the grievance in respect of certain matters. In our considered opinion and keeping in view the order dated 2nd January, 2017, Justice Lodha Committee may not entertain any further representation unless it is referred by this Court. 8. Let the matter be listed at 2 p.m. on 30th October, 2017. 9. Mr. C.K. Khanna, Mr. Anirudh Chaudhry and Mr. Amitabh Choudhary, the Office Bearers of the B.C.C.I. shall remain personally present on the next date of hearing.