BOARD OF CONTROL FOR CRICKET IN INDIA AND ORS. versus CRICKET ASSOCIATION OF BIHAR & ORS. on 9 August 2018

526

SUPREME COURT REPORTS

[2018] 9 S.C.R.

ABOARD OF CONTROL FOR CRICKET IN INDIA AND ORS.

v.

CRICKET ASSOCIATION OF BIHAR & ORS.

(Civil Appeal No. 4235 of 2014)

B

AUGUST 09, 2018

[DIPAK MISRA, CJI, A. M. KHANWILKAR AND

DR. D. Y. CHANDRACHUD, JJ.]

Sports – Cricket – Reforms in the administration of – DraftConstitution for Board of Control for Cricket in India (BCCI)–CReforms in the administration of cricket proposed by a Committeechaired by Justice Shri R. M. Lodha – Accepted by Supreme Courtin Board of Control for Cricket in India versus Cricket Associationof Bihar reported as [2015] 1 SCR 165 – A Committee ofAdministrators (CoA) entrusted to prepare the draft Constitution –DCoA 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 ofnurturing talent for cricket in India – Full membership in theEConstitution of the BCCI is restored to the aforesaid associations –However, the decision not to grant the status of full members to theNational Cricket Club and the Cricket Club of India is maintained– Contribution of Railway Sports Promotion Board (Railways) tothe cause of Indian Cricket is noteworthy – Amendment proposedFby the amicus to the draft Constitution with regard to Railways isaccepted – Having regard to the pre-eminent position occupied bythe Services Sports Control Board including the Army, Navy andAir Force in propagating the cause of cricket, the same principlefollowed in the case of Railways to be followed in their case also –Full membership is also granted to the Association of IndianGUniversities – Number of selectors modified from three to five –Term for all posts of office bearers in BCCI and in StateAssociations shall be three years – There shall be a cooling offperiod of three years after an individual has held the post of anoffice bearer for two consecutive terms either in a State Association H

or in the BCCI or a combination of both – Further, Clause 15 (1) inregard to the Apex Council responsible for the administration ofthe Board, approved – In regard to disqualifications, Clauses 29,33(1), 33(2) and 45 of the draft Constitution proposed withmodifications, approved – Further directions issued.

Reforms in the administration of Cricket were proposedby a Committee chaired by Justice Shri R.M. Lodha. The reformswere accepted by Supreme Court in its judgment dated 18[th] July,2016 in Board of Control for Cricket in India versus CricketAssociation of Bihar reported as [2015] 1 SCR 165. SupremeCourt directed that a Committee of Administrators (CoA) shallsupervise the administration of Board of Control for Cricket inIndia (BCCI). The CoA was constituted. On 24[th] July, 2017,Supreme Court inter alia directed that recommendations of theLodha Committee be implemented. The CoA was entrusted toprepare a draft Constitution in accordance with the judgmentrendered on 18[th] July, 2016 and the order dated 24[th] July, 2017.Suggestions received to the draft from various stakeholders werefiled by the CoA, together with comments on the proposedsuggestions, in status report dated 12[th] January, 2018.On 5[th] July, 2018, Supreme Court reserved orders on thequestion of finalizing the draft Constitution.

Issuing directions, the Court

HELD: A. Issues relating to membership and AssociateMembership: One State-One Vote

Conclusion

1.1 Rule (3)(a)(i) of the draft Constitution contemplates thatmembership 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 owncricket team in the Ranji Trophy: (i) Maharashtra; (ii) Mumbaiand; (iii) Vidarbha. Similarly, in the State of Gujarat, there havebeen three associations representing: (i) Gujarat; (ii) Baroda;and (iii) Saurashtra. In both the States, these associations havemade a signal contribution to the cricketing history of the nation.Besides, fielding teams for the Ranji Trophy, these associationshave produced players of national and international repute. It isnecessary torestore full membership in the constitution of the A

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ABCCI to the three associations each in the State of Maharashtra(Maharashtra, Mumbai and Vidarbha) and in Gujarat (Gujarat,Baroda and Saurashtra). The associations of Baroda, Saurashtra,Mumbai and Vidarbha have a long and abiding history of nurturingtalent for the game of cricket in India. The history of cricket inIndia is replete with their contribution to the cause of cricket.BThese associations have produced players who have broughtlaurels to their States and to the nation. The principle ofterritoriality requires that each of the States and Union Territoriesshould have full membership of BCCI in terms as suggested inclause 3(a)(ii-B). This becomes a principle of inclusion. To utiliseCterritoriality as a basis of exclusion is problematic because itignores history and the contributions made by the aboveassociations to the development of cricket and its popularity.Having due regard to the contributions made by Mumbai andVidarbha in the State of Maharashtra and by Baroda and Saurashtra in the State of Gujarat to the game of cricket, it would beDappropriate to also grant them full membership of the BCCI.However, the decision not to grant the status of full members tothe National Cricket Club and the Cricket Club of India ismaintained. Neither of the two Clubs fields teams in the RanjiTrophy. They cannot be placed at par with the other StateEAssociations. [Paras 6, 9 and 10] [538-E-F; 541-G-H; 542-A-B,G; 545-A-D]

Railways

1.2 The contribution of Railway Sports Promotion Board(“Railways”) to the cause of Indian Cricket is noteworthy. TheFamendment proposed by the amicus to the draft consitution isaccepted. It is clarified specifically that the representative fromRailways who would exercise voting power must be a formercricketer who has represented Indian Railways and who is electedby an association of former players from the Indian Railways andGnot a person nominated by the government or the Railway SportsPromotion Board. [Paras 11, 13 and 14] [545-D-E; 546-D, F-G]

Services and Association of Indian Universities 1.3 The Services Sports Control Board (“Services”) teamrepresents the Armed Forces of the nation. The Services have aHlong history of association with Indian sports in general and with

cricket as well. Having regard to the pre-eminent positionoccupied by the Services including the Army, Navy and Air Forcein propagating the cause of sports and cricket, the same principlewhich is followed in the case of Railways should be followed intheir case. Similarly, the Universities are a nucleus forencouraging the game of cricket among players of the collegegoing generation in the country. Therefore, full membership tothe Association of Indian Universities is also granted. Theamendment which has been proposed to the draft Constitutionby the amicus in the case of the Railways shall be suitably modifiedto also cover the Services and the Association of IndianUniversities. The representative respectively for Services andthe Association of Indian Universities shall be a former cricketerwho has played for them respectively and is elected by anassociation of former players and not a person nominated by thegovernment/ sports control board. [Para 16] [547-G-H;548-A-C]

B. Number of Selectors

1.4 The Lodha Committee restricted the number ofselectors to three. The Selection Committee is entrusted withthe responsibility of selecting cricket teams for participation atvarious levels. Restricting the number of selectors to three wasrecommended by the Lodha Committee with the specific purposeof ensuring compactness of size, authority of decision makingand monitoring performance. While bearing these factors inconsideration, it is necessary to ensure that the purpose of abroad-based Selection Committee which facilitates a carefulevaluation of the talent pool across the country is achieved. Thevast territory of the nation, the extent of cricket being playedboth at the national and international level, the need for selectorsto travel extensively to spot talent from the pool of cricketersand the need to encourage both domestic and internationalcricket, are considerations which persuades acceptance of theplea for modification in regard to the number of selectors to five.The amicus has also supported the suggestion that the numberof selectors be increased to five. He however, also indicated thatthis should be subject to the criteria of a selector having played aminimum of (a) seven test matches; or (b) thirty first classmatches; or (c) ten One Day Internationals in the fifty over format AB

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EFGH

Aand a minimum of twenty first class matches. Accordingly theproposed amendment as suggested by the amicus is accepted.Until the elections to the BCCI take place, the Committee ofAdministrators (CoA) is empowered to consult with the CricketAdvisory Committee, comprising of reputed former internationalcricketers and to constitute a Committee of Selectors consistentBwith the above criteria. In regard to the appointment of coaches,managers, physiotherapists and other staff, the modificationsuggested in clause 24(5) is accepted. [Paras 17, 18, 21, 22 and23] [548-C, D; 550-A-D; 551-F-G]

C. Cooling Off PeriodC

C. Cooling Off PeriodC

1.5 The requirements that the term of office of an officebearer should be three years; and that an individual should nothold office in the BCCI for a period excess of nine years(regardless of the post held) with a similar stipulation of nineyears for the State Associations is manifestly in public interest.DBoth the stipulations are valuable safeguards to ensure againstthe concentration of power. A cooling off period should beobserved. A cooling off period has several features which are ofutmost importance : (i) it is a safeguard against the developmentof vested personal interests; (ii) it ensures against theEconcentration of power in a few hands; (iii) it facilitates a dispersalof authority; and (iv) it encourages the generation of a wider bodyof experienced administrators. Cooling off must be accepted as ameans to prevent a few individuals from regarding theadministration of cricket as a personal turf. The game will bebetter off without cricketing oligopolies. It would be appropriateFto direct that a cooling off period of three years would apply afteran individual holds two successive terms in office either in theBCCI, or in any State Association or a combination of the two.For instance, if an office bearer has held office for two consecutiveterms in any post in a State Association, such an individual mustGface a cooling off period of three years. Likewise, if an individualhas held any post as an office bearer of the BCCI for a total periodof six years in succession, the individual must have a cooling offperiod of three years before seeking election again either to theBCCI or to a State Association. The cooling off period wouldapply also in a situation where an individual holds a post for oneH

term in a State Association followed by a post in the BCCIsuccessively or vice versa. This would ensure that after a periodof six years involving two consecutive terms, a cooling off periodwould be attracted. Allowing an individual to act as an office bearerfor six years in continuation, is a sufficiently long period forexperience and knowledge gained to be deployed in the interestof the game without at the same time resulting in a monopoly ofpower. The above principle shall govern Clause 6(4) as well asClause 14(4) of the draft Constitution. The above principle willensure that the cooling off period will come into operation upon aperson holding any post for two consecutive terms not exceedingsix years. [Paras 29, 32 and 33] [554-F-G; 555-E-H; 556-A-B,D-E]

1.6 The position as approved in the present order shall beto the following effect:

(i) The term for all posts of office bearers in BCCI and inState Associations shall be three years; (ii) No person shall holdthe position of an office bearer in any State Association, regardlessof post, for a period in excess of nine years in the aggregate; (iii)No person shall hold the post of office bearer in BCCI, regardlessof post, for a period in excess of nine years in the aggregate; (iv)There shall be a cooling off period of three years after an individualhas held the post of an office bearer for two consecutive termseither in a State Association or in the BCCI or a combination ofboth; and (v) The expression ‘office bearer’ should not bepermitted to be circumvented by being a member of any othercommittee or of the Governing Council in BCCI or any StateAssociation, as the case may be. [Para 34] [556-E-H; 557-A-B]

D. Division of Functions, Professional Management andDisqualifications 1.7 The Apex Council is entrusted with the function ofprofessional management through the Chief Executive Officer,the Chief Financial Officer and other officers who must berecruited on a transparent and professional basis. Of the ninemembers of the Apex Council, five (the President, Vice President,Secretary, Joint Secretary, Treasurer and a member) are to beelected by the General body. Clause 15 (1) in regard to the ApexCouncil is approved. [Paras 35, 36] [557-B-C, F-H]

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AE. Disqualifications

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532SUPREME COURT REPORTS

AE. Disqualifications

1.8 In regard to disqualifications, the clause in the draftConstitution as proposed with the incidental modifications assuggested by the amicus is accepted. Clauses 29, 33(1), 33(2),and 45 of the draft Constitution with the modifications areBapproved. Once the draft Constitution has been approved bySupreme Court, any amendment should not be given effect towithout the leave of Supreme Court. Having regard to the factthat the draft Constitution submitted by the CoA on 27 October2017 has now been approved by Supreme Court subject to theaforesaid modifications, following directions are issued:

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1. The Registrar of Societies under the Tamil Nadu SocietiesRegistration Act, 1975 shall upon the presentation of thesaid Constitution by the CEO, register the documentsforthwith and report compliance by way of a report to theSecretary General of Supreme Court within four weeks;D

2. Upon the registration of the said Constitution of BCCI, eachof the members shall undertake registration of theirrespective Constitutions on similar lines within a period of30 days thereafter. A compliance certificate must befurnished to the CoA, which shall file a status report beforeESupreme Court with reference to the complianceundertaken by the State Associations; and

3. In the event that any State Association does not undertakecompliance with the abovesaid directions, the directionscontained in the orders of Supreme Court dated 7 OctoberF2016 and 21 October 2016 shall revive. [Paras 37-40][558-B, F; 559-E-H; 560-A-B]

1.9 The CoA is at liberty to submit a further report for suchfuture directions as may be warranted and to secure compliance.[Para 41] [560-C]GBoard of Control for Cricket in India v CricketAssociation of Bihar (2015) 3 SCC 251 : [2015] 1 SCR165 – referred to.

Case Law Reference

H[2015] 1 SCR 165 referred to Para 1

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4235of 2014.

From the Judgment and Order dated 30.07.2013 of the HighCourt of Judicature at Bombay in PIL No. 55 of 2013

WITH

Civil Appeal Nos.4236 of 2014, Civil Appeal No.1155 of 2015,Writ Petition (Civil) No.46 of 2017, Contempt Petition (Civil) No.47 of2017 in Civil Appeal No. 4235 of 2014, Writ Petition (Civil) No. 287 of2017, Contempt Petition (Civil) No. 959 of 2017 in Civil Appeal No.1155of 2015, Contempt Petition (Civil) No. 1835 of 2017 in Civil AppealNo. 4235 of 2014.

Tushar Mehta, ASG, Gopal Subramanium(AC), Parag Tripathi,Chandra Uday Singh, Ranjit Kumar, Gopal Jain, P. R. Raman, Ajit KumarSinha, K.V. Viswanathan, Puneet Bali, P.R. Raman, Ravindra Srivastava,Sanjeev Sen, Rana Mukherjee, S. Gurukrishna Kumar, Sr. Advs., AnkurKashyap, Vivek Raja, Ms. Gauri Rasgotra, Indranil Deshmukh, AdarshSaxena, Raunak Dhillon, Vikash Kumar Jha, Rishi Gautam, Kunal Bahri,Rishav Kapur, Siddhant Sharma (for M/s. Cyril Amarchand Mangaldas),Senthil Jagadeesan, Amol Chitale,Nirnimesh Dube, Abhishek Singh,Gagan Gupta, Rajat Sehgal, Vikas Mehta, Ms. Vandana Anand,Chandrashekhar Verma, Mithun, Pai Amit, Venkita Subramoniam T. R.,Rahat Bansal, Anish R. Shah, Ms. Pankhuri Bhardwaj, Nitesh Ranjan,M. P. Vinod, Yadunandan Bansal, Reepak Kansal, Pratik R. Bombarde,Rauf Rahim, K. K. Mohan, Ajay Veer Singh Jain, Mrs. Mamta Jain,Uday Ram Bokadia, Rakesh Kumar Khare, Ms. Divya Garg, Sonal Jain,Ranjith K.C., Abhilash K.N., V. K. Biju, Siddharth Garg, SnehasishMukherjee, R. Balasubramanian, Prabhas Bajaj, Ms. Aarti Sharma,Akshay Amritanshu, A.K. Sharma, M.K. Maroria, Gunjan Rishi, AdityaSoni, Shree Pal Singh, Sarvesh Singh, Santosh Mishra, Santosh Kumar -I, Ritesh Kumar Chowdhary, Ms. Rashmi Singh, Rameshwar PrasadGoyal, Rajiv Nanda, Raghavendra S. Srivatsa, R. Chandrachud,Ms. Nitin Thukral, Praveen Swarup, Mrs. Pragya Baghel, MukeshKumar Maroria, Ms. Manju Sharma, Ragenth Basant, Ms. Liz Mathew,Ashwin Shankar, Ms. Neela Gokhale, Ms. Kamakshi S. Mehlwal, K.K.Mohan, Gaurav Sharma, Gagan Gupta, E.C. Agrawala, Rahul Mehta,Ms. Neha Sangwan, Ms. Sanjana Nangia, Chirag M. Shroff, Azim H.Laskar, Bikash Kar Gupta, Sachin Das, Chandra Bhushan Prasad,Mrs. Bina Gupta, Balaji Srinivasan, Abhishek Bharti, Ms. Vaishnavi A

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ASubrahmanyam, Ms. Pratiksha Mishra, Ms. Pallavi Sengupta,Ms. Garima Jain, Anshuman Ashok, Pai Amit, Anish R. Shah, A.S.Bhasme, Ms. Sonia Mathur, S. Hariharan, Tarun Gupta, Nikhil Nayyar,Ninad Laud, Jayant Mohan, Anjuman Tripathy, Aditya Pratap Swain,Gajendra Singh Negi, Deeptakirti Verma, Rabin Majumder, PragyanSharma, Shikhar Garg, Chandan Gosawmi, P.V. Yogeswaran, M.P.BDevanath, Aditya Verma, Tribikram Meelee, Vikas Singh Jangra,Ms. Tamali Wad, Rahul Pratap, M. Yogesh Kanna, Ms. Sujatha Bagadhi,M/s. Cyril Amarchand Mangaldas, Shreekant N. Terdal, Keshav Mohan,Piyush Choudhary, Gaurav Kejriwal, Hrishikesh Baruah, HementPhalpher, Sudhir Mishra, Sridhar Potaraju, Ms. P. Chandhok, PrabhatCKumar, Ms. Ankita Sharma, Gaichangpou Gangmei, Ms. Aruna Mathur,Avneesh Arputham, Ms. Anuradha Arputham, (for M/s. Arputham Aruna& Co.), Advs. for the appearing parties.

The Judgment of the Court was delivered by DR. D.Y. CHANDRACHUD, J. 1. While pronouncing itsDjudgment on 18 July 2016 in Board of Control for Cricket in India vCricket Association of Bihar[1], this Court accepted the reforms in theadministration of cricket proposed by a Committee chaired by JusticeRM Lodha[2]. The review petition has been dismissed. On 2 January 2017,this Court directed that a Committee of Administrators[3] shall supervisethe administration of BCCI through its Chief Executive Officer. TheECoA was constituted on 17 January 2017. On 24 July 2017, this Courtdirected that except for certain outstanding issues which were identified,the recommendations of the Lodha Committee must be implemented:

“...(c) All concerned shall implement the recommendations of theJustice Lodha Committee Report as far as practicable, barringFthe issues which have been raised pertaining tomembership, number of members of the selectioncommittee, concept of associate membership, etc. Thepurpose is to implement the report as far as practicableand, thereafter, it shall be debated as to how the scheme of thingscan be considered so that the cricket, the ‘gentleman’s game’,Gremains nearly perfect. Be it noted, the issue with regard todisqualification or qualification of the representative is kept open.” (Emphasis supplied)

1(2015) 3 SCC 2512Abbreviated in this judgment as the Lodha CommitteeH3Abbreviated as CoA

On 23 August 2017, the CoA was entrusted to prepare a draftconstitution in accordance with the judgment rendered on 18 July 2016and the order dated 24 July 2017. Modalities were evolved by this Courtto consider the concerns of stakeholders by ensuring that the draftconstitution is duly circulated between all the counsel so that theirsuggestions could be evaluated. This Court observed :

“we…direct the Committee of Administrators to prepare adraft Constitution in terms of the main judgment as well asthe order dated 24[th] July, 2017. A copy of the draft Constitutionshall be handed over to Advocate-on-Record assisting the learnedcounsel for the respondents. A copy of the draft Constitution bealso handed over to Mr. B.K. Prasad, learned counsel assistingMr. Ranjit Kumar, learned Solicitor General . Suggestions, if any,to the draft Constitution be handed over to the learned counselassisting the learned Amicus Curiae and Mr. Parag P. Tripathi sothat they can prepare a chart and will be in a position to give theircomments.

On the next date of hearing, besides the three aspects thathave been mentioned in the order dated 24[th] July, 2017,any aspect which is sought to be raised by the Associationcan be raised. But, it is to be impressed that the suggestionmust have acceptable sanctity. It should not be raised forthe sake of raising an objection.” (Emphasis supplied)

2. On 21 September 2017, the CoA made a grievance that quiteapart from the fact that no suggestions were received, a concertedeffort was made by the office bearers of BCCI not to abide by thejudgment of the Court. Hence, on 21 September 2017, the Court whilerecording the above submission extended another opportunity to receivesuggestions to the draft constitution :

“In the course of hearing, it is submitted by Mr. Parag P. Tripathi,learned senior counsel appearing for the Committee ofAdministrators that though a draft constitution was handedover to the office bearers of B.C.C.I. and also to allconcerned, no suggestion has been received and a concertedattempt has been adopted by the office bearers of B.C.C.I.not to follow the judgment of this Court.

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AWe may hasten to add that in our previous order dated 24[th] July,2017, we have clearly indicated that three to four aspectsshall be debated. The suggestions in that regard can be given toMr. Parag P. Tripathi, learned senior counsel appearing for theCommittee of Administrators, Needless to emphasize, Mr. C.K.Khanna, Mr. Anirudh Chaudhry and Mr. Amitabh Choudhary,BOffice Bearers of B.C.C.I. shall fully cooperate while giving thesuggestions. If the aforesaid three Office Bearers do not givesuggestions in accordance with the judgment of this Court whichhas accepted the Justice Lodha Committee report, they shall faceserious consequences. The draft constitution shall include theCsuggestions given by Justice Lodha Committee in itsentirety so that a holistic document comes before this Court.After the document is placed before the Court, the claims ofRailways. Universities and Services and the other cricketAssociations, who are of the view that concept of ‘one State onevote’ should not be applicable keeping in view their contribution toDthe game of cricket, shall be considered.The suggestions, shallbe given within three weeks hence. For the purpose of draftingout the constitution after taking note of the suggestions, to make itfinal for the purpose of approval by this Court, the Office Bearersof B.C.C.I shall not hold a General Body Meeting.”E(Emphasis supplied)

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3. On 27 October 2017, the CoA filed a draft constitution forBCCI and its office bearers. Suggestions to the draft received fromstate cricket associations and other parties were filed by the CoAtogether with comments on the proposed suggestions, in a status reportFdated 12 January 2018. On 1 May 2018, this Court noted thatsuggestions to the draft constitution have been filed and would befinalized by the Court. In the interest of fairness, it was howeverobserved that any further suggestions that a state cricket associationmay have, could still be forwarded to the amicus. Accordingly, thefollowing directions were issued :G

“A draft Constitution meant for the B.C.C.I. and its Office Bearershas been filed on 27.10.2017. Suggestions to the same by variousState Cricket Associations have also been filed and the same havebeen attached to the draft Constitution. The draft Constitutionshall be finalized by this Court.

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In the meantime, if any State Cricket Association intendsto file any furthersuggestion, they may submit the same inbullet points to Mr. Gopal Subramanium, learned AmicusCuriae, who shall compile the suggestions and file it beforethis Court within three days.

It is hereby made clear that the draft Constitution approvedby this Court shall not be debated upon and shall standfinalized, only subject to the determination made in theapplication(s) for recall of the primary judgment, pendingadjudication before this Court.

Let the matter be listed on 11.5.2018.” (Emphasis supplied)4. Following this comprehensive exercise which has been takenby the CoA, the amicus and by all the learned Counsel appearing onbehalf of diverse parties, including state cricket associations and thosewho have served as office bearers of BCCI, the suggestions made byall stakeholders have been compiled and presented to the Court. Theamicus has, in the course of compiling the suggestions, informed theCourt that as many as nineteen state cricket associations, theAssociation of Indian Universities, the Cricket Club of India andNational Cricket Club, the Administrator appointed by the Delhi HighCourt for DDCA and two officer bearers of BCCI (Mr AmitabhChoudhary, Secretary and Mr Anirudh Chaudhary, Treasurer) havesubmitted suggestions. We have heard all the stakeholders who wishedto be heard at length so as to enable the Court to form a holisticperspective. The purpose of this exercise is to finalise the text of BCCI’sConstitution which incorporates the principles which find acceptance bythe Lodha Committee (and affirmed by this Court), while at the sametime ensuring a measure of practicality in implementation. Theacrimony which witnessed the proceedings earlier has given way to arobust cooperation by the counsel appearing for all the stakeholders.Before we deal with the suggestions, we must commend the approachadopted by all the stakeholders before this Court. All the learnedCounsel who advanced submissions made a fair attempt to resolve theoutstanding issue of finalizing the draft constitution, with a sense ofobjectivity. It was after hearing extensive arguments of all the learnedCounsel that on 5 July 2018, this Court reserved orders on the questionof finalizing the draft constitution having due regard to the contents ofthe draft placed on the record and the suggestions of the learned amicusCuriae and counsel.

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A5. Broadly speaking, the suggestions which have been receivedto the draft constitution have been divided by Mr Gopal Subramanium,learned amicus Curiae under the following heads :

a) Issues relating to membership and Associate Membership;

a) Number of members in Selection Committee and relatedB matters;

b) Cooling off period;

c) Disqualifications;

d) Constitution of the Apex council;

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e) Conditions imposed on State Associations;

f) Power/Duties of Office Bearers and Professional Management (CEO);

g) No interference at all in the functioning of BCCI; and D

h) Binding value of Frequently Asked Questions issued by the Hon’ble Justice Lodha committee.

We propose to examine the issues which have been raised duringthe course of hearing.

EA. Issues relating to membership and Associate Membership: One State – One Vote

6. Rule (3)(a)(i) of the draft constitution contemplates thatmembership of BCCI shall consist of (i) Full members and; (ii) Associatemembers. The text of the draft constitution provides thus :

F“(ii) Full Members

A. Each State shall be represented by a state cricket associationduly recognized by the BCCI and such associations shall beFull Members. No State shall have more than one Full Memberat any given point of time.

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B. The associations who are the controlling bodies for cricket inthe following States shall be the Full Members of the BCCI:

1. Andhra Pradesh

2. Arunachal Pradesh

3. Assam

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4. Bihar

5. Chhattisgarh

6. Delhi7.Goa

8. Gujarat

9. Haryana

10. Himachal Pradesh

11. Jammu and Kashmir

12. Jharkhand

13. Karnataka

14. Kerala

15. Madhya Pradesh

16. Maharashtra

17. Manipur

18. Meghalaya

19. Mizoram

20. Nagaland21.Orissa22.Punjab23.Rajasthan24.Sikkim25.Tamil Nadu

26. Telangana27.Tripura28.Uttar Pradesh

29. Uttarakhand

30. West Bengal

C. In States with multiple Existing Members, the full membershipshall rotate annually among such Existing Members such thatonly one of them will exercise the rights and privileges of aFull Member at any given point of time. The rotation shall beas per the policy framed by the BCCI.

D. Where disputes are pending regarding the duly recognizedassociation to represent a particular State, the State shall berepresented by the recognized association, subject to any orderof the Court or resolution of the BCCI as the case may be.

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A(iii) Associate Members

A. Any Existing Member (including an Existing Member who isnot exercising the rights and priileges of a Full Member interms of Rule 3(1)(ii)C above) shall be an Associate Memberof the BCCI.

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B. The BCCI may induct any other entity as an AssociateMember, subject to all the conditions and disqualifications laiddown in Rule 33(b)(b) below.”

7. In Chapter 1 of its report titled “The Structure andConstitution”, the Lodha Committee dealt with membership of BCCICand anomalies perceived in its composition. The Committee took note ofthe fact that several states such as Bihar, Chhattisgarh, Uttarakhand,the six north-eastern states (except Tripura) and Union Territories (exceptDelhi) lack representation on the Board. On the other hand, the Committeeperceived an anomaly in that states like Maharashtra and Gujarat holdDthree full memberships each. The Committee noted that the ServicesSports Control Board (“Services”), Railway Sports Promotion Board(“Railways”) and Association of Indian Universities (“Universities”)do not as such represent any specified territory but are actively involvedin the game of cricket whereas some members like the National CricketClub at Kolkata and the Cricket Club of India at Mumbai do not representEany territory. The Lodha Committee relied upon territoriality as adetermining factor for the grant of full membership. Railways, Servicesand Universities not being tied to the territory of one state were deniedfull membership. Though Gujarat fielded three cricket teams (Gujarat,Saurashtra and Baroda) and so did Maharashtra (Mumbai, MaharashtraFand Vidarbha) both states would each have one Full membership. TheLodha Committee recommended that the status of associate membershould be granted to those members who do not represent any territory.

8. In the principal judgment of this Court dated 18 July 2016, theone state - one vote norm was accepted. While doing so this Courtobserved thus :G

“62. That brings us to the question whether “One State Onevote” recommended by the Committee suffers from anylegal or other infirmity sufficient for this Court to rejectthe same. The recommendation made by the Committee has a H

two-fold impact on the current state of affairs in BCCI. The firstis the reduction of some of the Associations and Clubs from thefull membership of BCCI to the status of Associate Members.The other aspect of the recommendation is the reduction of thefull membership of at least four existing full members to the statusof associate members from the states of Maharashtra and Gujarat.

63…We see no merit in that contention nor do we see any reasonto disagree with the recommendation made by the committee,who has upon a thorough consideration of all facts andcircumstances relevant to the working of the BCCI, recommendedthe conversion of the clubs and associations without a territoryfrom full members to associate members. This is a measurewhich has been recommended with a view to structurallystreamlining the BCCI to make it more responsive andaccountable having regard to the aspiration of differentregions for an equal opportunity to participate in the growthand promotion of the game in the country.

65…a balance has to be struck with historical reality and the needfor adopting a pragmatic, uniform and principled approach aimedat reforming and rationalizing BCCI’s structural edifice. Therecommendation made by the Committee to the extent it providesfor one vote for each state is unexceptionable nor should there beany compromise with what is proposed as a reformative measure.Even so the question is whether BCCI, in the peculiar situationprevalent in these two states, is in a position to recognize one ofthe three Associations representing different territories in thosetwo States as the one that would represent the entire State.....Thatbeing so, the only reasonable and rational answer to theproblem within the broad principle of One State One Votewould be to allow the full membership of BCCI to rotateamong the three clubs on an annual basis.”(Emphasis supplied)

9. The one state – one vote norm and the principle of territorialityhave given rise to specific objections. Historically in the State ofMaharashtra, there have been three associations, each of which fieldsits own cricket team in the Ranji Trophy : (i) Maharashtra; (ii) Mumbaiand; (iii) Vidarbha. Similarly, in the State of Gujarat, there have been A

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Athree associations representing: (i) Gujarat; (ii) Baroda; and (iii)Saurashtra. In both the states, these associations have made a signalcontribution to the cricketing history of the nation. Besides, fielding teamsfor the Ranji Trophy, these associations have produced players of nationaland international repute. The amicus has responded to the plea beforethis Court for allowing full membership to the three associations each inBthe States of Maharashtra and Gujarat. The amicus submits that theorder of this Court mandates that there should be an annual rotation ofthe constituent members of Maharashtra and Gujarat so that every year,one of the three constituent members would be capable of voting andparticipating in the general body. Moreover, it has been submitted thatCfor the elections to the Apex Council which take place once every threeyears, the first member association which has already cast a vote shouldnot be able to cast a vote at the end of three years but must pass it on tothe next association in turn. In this manner, it has been suggested that allthe three constituent associates of the two states will have due opportunity

to not only participate in the affairs of the general body but would haveDan opportunity to vote at the end of three years. In the view of theamicus, a rotational policy is eminently practicable for Maharashtra andGujarat and the mandate of the principal judgment brings about parityand fairness so that no constituent member is excluded from the generalbody for a period exceeding one year. However, it has not been explainedEhow, once full membership has been granted, what legal principle can beapplied for adopting a rotational policy. The amicus while recognisingthe circumstances of history pertaining to Maharashtra and Gujaratsubmits that the recommendations of the Lodha Committee which havebeen accepted in the principal judgment seek to bring about uniformity inthe structure of management and a certain amount of domestic equality.FHowever, he suggests that the releasing of grants and such otherrequirements as may be necessary for constituents must be suitablyaddressed by the CoA and by the regularly elected Apex Council.

10. We are of the view that it is necessary to restore fullmembership in the constitution of the BCCI to the three associationsGeach in the State of Maharashtra (Maharashtra, Mumbai and Vidarbha)and in Gujarat (Gujarat, Baroda and Saurashtra). During the course ofthe hearing, written submissions have been placed on the record in whichthe contributions of Baroda, Saurashtra, Mumbai and Vidarbha havebeen set out. We need to extract them here:H

“BARODA CRICKET ASSOCIATION

Cricket was introduced to Vadodara city by the Maharaja ofBaroda, Sayajirao Gaekwad in 1934 and Moti Bagh Stadium wasthe home of Baroda cricket. Since then Baroda has emerged 5times as Ranji Trophy Champrions in the year 1942-43, 1946-47,1949-50, 1957-58 & 2000-01.

Baroda had produced many famous cricketers of internationallevel in the past such as Vijay Hazare, Gogumal Kishenchand,Jayasinghrao Ghorpade, Deepak Shodhan and in the presentgeneration Datta Gaekwad, Chandu Borde, Kiran More,Anshuman Gaekwad … Jitendra Patel. Amongst the later crop,Irfan Pathan, Yusuf Pathan, Zaheer Khan and Munaf Patel haveplayed for this association.”

“MUMBAI CRICKET ASSOCIATION

In the year 1928, ‘the Bombay Presidency (Proper) CricketAssociation’ was formed having geographical limits extending fromSind in the north to Karnataka (excluding Mysore State) in theSouth. In the year 1935 it was re-christened as ‘Bombay CricketAssociation’ as the newly formed Gujarat and MaharashtraCricket Association receded from the territorial limits of theBombay Presidency (Proper) Cricket Association. The presentday Mumbai Cricket Association or MCA is the governing bodyfor cricket in Mumbai and its surrounding regions like Thane andNavi Mumbai. The Mumbai cricket team is the team for TheMumbai Cricket Association in the Ranji Trophy. The team haswon over 41 titles, the most recent being in 2015-16. It has alsocome runner-up in the final of the Ranji Trophy a total of 4 times.The association owns the Wankhede Stadium.

Famous cricketers produced by MCA, amongst others, includeAbey Kuruvilla, Ajinkya Rahane, Ajit Wadekar, Ashok Mankad,Chandu Borde, Dilip Sardesai, Dilip Vengsarkar, Eknath Solkar,Farokh Engineer, Jatin Paranjpe, Polly Umrigar, Ravi Shastri, RohitSharma, Rustomji Jamshedji, Rusi Modi, Sachin Tendulkar,Sandeep Patil, Sanjay Manjrekar, Sunil Gavaskar, Vijay Manjrekar,Vijay Merchant, Vinod Kambli, Wasim Jaffer etc.”

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“SUARASHTRA CRICKET ASSOCIATION

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“SUARASHTRA CRICKET ASSOCIATION

Saurashtra is one of three cricket teams based in Gujarat whichcompetes in the Ranji Trophy (the others being Baroda andGujarat). Formerly it was known as Nawanagar Cricket Team.Nawanagar was an Indian princely state in the historical Halarregion, located on the southern shores of the Gulf of Kutch.Ranjitsinhji often known as ‘Ranji’, was the ruler of the Indianprincely state of Nawanagar from 1907 to 1933, as MaharajaJam Saheb, and a noted Test cricketer who played for the Englishcricket team. He also played first-class cricket for CambridgeUniversity, and county cricket for Sussex.

Ranji has widely been regarded as one of the greatest batsmen ofall time. In 1934 the BCCI launched a national competition between“the princes and the princely states” and it was named after thegreatest Indian player of that time, KS Ranjitsinhji.

Saurashtra won the Ranji Trophy in 1936-37 and were also runnersup in the very next season of 1937-38. They have been runnersup in Ranji Trophy (plate) in 1937-38, 2012-13 and 2015-16.

Famous International players are Cheteshwar Pujara, RavindraJadeja &Jaydev Unadkat.”

“VIDARBHA CRICKET ASSOCIATION

Vidarbha Cricket Association is the governing body of cricketactivities in the Vidarbha region in Maharashtra state and Vidarbhacricket team. Vidarbha first played first-class cricket in the 1957-58 season, competing against the other Central Zone teams until2001-2002, after which the Ranji Trophy was no longer contestedon a zonal basis. Vidarbha’s best seasons were 1970-71 and 1995-96, when it reached the quarter-finals of the Ranji Trophy and2002-03 and 2011-12, when it reached the semi-finals of the PlateGroup, Vidarbha has played more than 250 first-class matches.

Umesh Yadav is a member of the Vidarbha Cricket Team.

Vidarbha won the Ranji Trophy and Irani Trophy in the 2017-2018 season.”

These associations have a long and abiding history of nurturingtalent for the game of cricket in India. The history of cricket in India isreplete with their contribution to the cause of cricket. These associationshave produced players who have brought laurels to their states and tothe nation. The principle of territoriality requires that each of the Statesand Union Territories should have full membership of BCCI in terms assuggested in clause 3(a)(ii-B). This becomes a principle of inclusion. Toutilise territoriality as a basis of exclusion is problematic because it ignoreshistory and the contributions made by the above associations to thedevelopment of cricket and its popularity. Having due regard to thecontributions made by Mumbai and Vidarbha in the State of Maharashtraand by Baroda and Saurashtra in the State of Gujarat to the game ofcricket, it would be appropriate to also grant them full membership ofthe BCCI. We however, maintain the decision not to grant the status offull members to the National Cricket Club and the Cricket Club of India.Neither of the two Clubs fields teams in the Ranji Trophy. They cannotbe placed at par with the other state associations.

Railways

11. The contribution of Railways to the cause of Indian Cricket isnoteworthy. It has been pointed out before the Court that :

“RAILWAYS SPORTS PROMOTION BOARD

Railways Sports Promotion Board (RSPB) is a sports board runby the Indian Railways. It promotes 29 sporting disciplines andowns the Karnail Singh Stadium in New Delhi.

RSPB is a member of the Board of Control for Cricket in Indiaand RSPB fields the Railways’ cricket team in domestic cricketcompetitions in India such as the Ranji Trophy. In recent yearssince 2000, Railways have won the trophy twice and becomerunners-up as well. As Champions of the Ranji Trophy, they haveplayed the Irani Trophy twice, emerging victorious on bothoccasions.

Famous International Cricketers include Mahendra Singh Dhoni(played for South Eastern Railways & was employed as a TrainTicket Examiner), Murli Kartik, Sanjay Bangar, Karn Sharma. Inthe recently concluded ICC Women’s World Cup 2017, the Indian A

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AWomen’s Team reached the finals of the tournament where 10out of the 15 women cricketers playing for India are employeesof the Indian Railways. In factDiana FramEdulji(one of themembers of the COA) has also represented the Railways.”

12. In suggesting the grant of full membership to the Railways,Bthe amicus has made certain pertinent comments which are reproducedbelow :

“Railways fields at least 90% of the members of the Women’sCricket Team, i.e. who play for India in the national team. Aquestion therefore arises whether Railways must be given a fullCmembership. In view of the security of employment of the playersfrom Railways as well as the ability to demonstrate playing skillsand having regard to women’s cricket as an integral part of IndianCricket, it appears necessary to consider this as an exception. Itis only on these considerations that it is possible to recommendRailways to a full membership. The Amicus is of the opinion thatDthis qualifies to be considered as an exception.”13. The amendment proposed to the draft constitution is in thefollowing terms :

“E. Notwithstanding anything contained hereinabove in this RuleE3(a)(ii), a representative from the Indian Railways shall be entitledto vote at meetings of the General Body of the BCCI. However,such representative shall be a former cricketer from the IndianRailways who is elected by an association of former players fromthe Indian Railways and not a person nominated by theGovernment/Railway Sports Promotion Board.”F

14. We accept the amendment proposed by the amicus. We clarifyspecifically that the representative from Railways who would exercisevoting power must be a former cricketer who has represented IndianRailways and who is elected by an association of former players fromthe Indian Railways and not a person nominated by the government orGthe Railway Sports Promotion Board.

Services and Association of Indian Universities

15. The amicus has not suggested the grant of full membership toServices and the Association of Indian Universities. For Services, he H

submits that sufficient material is not available and that having regard tothe need for insulation from government control, ‘as at present advised’,it is not possible to recommend the grant of a full membership status. Asregards the Association of Indian Universities, it has been submitted thatsince they do not field a team for the Ranji Trophy, full membershipstatus should not be granted.

On the contribution by the Services team to the cause of Indiancricket, we take note of the following :

“SERVICE SPORTS CONTROL BOARD

The aim of the Service Sports Control (SSCB) is to conduct inter-services sports championships to select and to train services sportspersons. The board initially was known as the Army Sports ControlBoard and was established in 1919. Post-independence, it wasrechristened as Service Sports Control Board and all the threeservices are running the organization on a rotational basis. TheServices cricket team plays in the Ranji Trophy, the premierdomestic first-class cricket competition in India. Under the auspicesof the SSCB, the players represent the Indian armed services.

They first played in the Ranji Trophy in 1949-50. They have playedabout 320 matches in the Ranji Trophy.”

Similarly as regards the Association of Indian Universities, wemay note that :

“ALL INDIA UNIVERSITIES

Many Indian Universities players went on to play Test cricket.From the first side in 1949-50, for example, Nana Joshi, PankajRoy, Polly Umrigar, GulabraiRamchand, Deepak Shodhan andSubhash Gupte played Tests for India. Three of the 1970-71 sideAshok Gandotra, Mohinder Amarnath and BudhiKunderan playedTest cricket. Thereafter Sunil Gavaskar, Kenia Jayantilal, SurinderAmarnath and Dilip Doshi also played Test cricket.”

16. The Services team represents the Armed Forces of the nation.The Services have a long history of association with Indian sports ingeneral and with cricket as well. Having regard to the pre-eminentposition occupied by the Services including the Army, Navy and AirForce in propagating the cause of sports and cricket, we are of the view A

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Athat the same principle which we have followed in the case of Railwaysshould be followed in their case. Similarly, the Universities are a nucleusfor encouraging the game of cricket among players of the college goinggeneration in the country. We would therefore also grant full membershipto the Association of Indian Universities. The amendment which hasbeen proposed to the draft constitution by the amicus in the case of theBRailways shall be suitably modified to also cover the Services and theAssociation of Indian Universities. The representative respectively forServices and the Association of Indian Universities shall be a formercricketer who has played for them respectively and is elected by anassociation of former players and not a person nominated by theCgovernment/ sports control board.

B. Number of Selectors

17. The Lodha Committee restricted the number of selectors tothree. While doing so, it opined that with the constitution of a CricketTalent Committee, a three-member selection committee will be moreDcompact, increase the authority of the Selection Committee and make itaccountable for team performance.

18. The Selection Committee is entrusted with the responsibilityof selecting cricket teams for participation at various levels. For themen’s teams, there are two committees which look after the selection ofEteams for tournaments in various formats of the game. These are:

“ I All India Senior Selection Committee:

International matches – Test Matches, ODI Matches and T20

matches

F India ‘A’ teams – both for home and away series President’s XI / BCCI XI to play visiting international teams II All India Junior Selection Committee:

Under-23 cricket

GUnder-19 cricket

Under-16 cricket”

19. With twenty-eight teams, India is reported to have the highestnumber of first class teams in the world. Senior selectors watch over H

several tournaments during the course of the domestic cricketing season,from August to April every year. These are :

“1.Ranji Trophy league matches

2. Ranji Trophy knock out matches

3. Vijay Hazare League matches

4. Vijay Hazare knock out matches

5. Mustaq Ali league matches

6. Mustaq Ali Knock out matches

7. Irani Trophy

8. Duleep Trophy

9. Deodhar Trophy.”

20. Apart from domestic cricket, senior selectors also witnessIndia-A team matches and matches across different formats at homeand overseas. National teams are required to be selected across differentformats in accordance with the ICC schedule. Senior selectors are alsopart of the team management that selects the ‘playing eleven’ of theIndian team on the day prior to a match. On an average, it has beenstated, a senior selector travels for nearly 280 days in a year, with abreak during the IPL. Having regard to the vastness of the country andthe need to effectively select from a wide pool of talent, it has beensubmitted that restricting the Selection Committee to three persons isnot in the interest of the game and that a five-member selection teamwould be necessary. Another aspect which has been highlighted is thatgenerally, a fifteen-member squad is chosen to represent India at theinternational level in Test matches, ODIs and T20 matches. About 40per cent of the players participate in all the formats. Many cricketerswho have had the best of records in domestic cricket are unable torepresent the country in international matches. It has been submittedbefore the Court that it is necessary to motivate cricketers at the domesticlevel. Hence, cricketers who have not represented India in internationalmatches should not be excluded altogether from being part of theSelection Committee.

21. We have been persuaded with the reasons which have beenadduced before the Court for enhancing the number of selectors on the A

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ASelection Committee from three to five. Restricting the number ofselectors to three was recommended by the Lodha Committee with thespecific purpose of ensuring compactness of size, authority of decisionmaking and monitoring performance. While bearing these factors inconsideration, it is necessary to ensure that the purpose of a broad-based Selection Committee which facilitates a careful evaluation of theBtalent pool across the country is achieved. The vast territory of the nation,the extent of cricket being played both at the national and internationallevel, the need for selectors to travel extensively to spot talent from thepool of cricketers and the need to encourage both domestic andinternational cricket, are consideration which persuade us to accept theCplea for modification in regard to the number of selectors to five.

22. We may note that the amicus has also supported the suggestionthat the number of selectors be increased to five. He however alsoindicated that this should be subject to the criteria of a selector havingplayed a minimum of (a) seven test matches; or (b) thirty first classDmatches; or (c) ten One Day Internationals in the fifty over format anda minimum of twenty first class matches. We accordingly accept theproposed amendment as suggested by the amicus in the followingterms :

“Clause 26(2)A(i)E

“The Men’s Selection Committee shall select the Senior NationalTeam for representation in Tests, One Day Internationals. T20and any other format. This Committee shall also be responsiblefor providing evaluation reports of the respective teamperformances to the Apex Council on a quarterly basis.”

F“Clause 26(2)A(ii)

The Men’s Selection Committee shall consist of five persons tobe appointed by a Cricket Advisory Committee comprising ofreputed former international cricketers identified by the BCCI atthe annual General Meeting, subject to the following criteria:

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(a) Every member of the Men’s Selection Committee shouldhave played a minimum of

(i) Seven Test Matches; or

(ii) Thirty First class Matches; or

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(iii) Ten One Day International Matches and twenty First Class Matches.

(b) Every member of the Men’s Selection Committee should haveretired from the game at least five years previously.

The senior most among the members of the Men’s SelectionCommittee shall be appointed as the Chairperson.”

“Clause 26 (2) B (i)

The Junior Cricket Committee shall consist of fivepersons to beappointed by the BCCI at the Annual General Meeting, on suchterms and conditions as may be decided by the Apex Councilfrom time to time. Only former players who have played a minimumof 25 First Class games shall be eligible to be appointed to thisCommittee, provided that they have retired from the game at leastfive years previously. The senior most amongst the members ofthe Committee shall be appointed as the Chairperson.”

“Clause 26 (2) C (ii)

The Women’s Selection Committee shall consist of five personsto be appointed by the BCCI at the Annual General Meeting, onsuch terms and conditions as may be decided by the Apex councilfrom time to time. Only former players who have represented theWomen’s National Team shall be eligible to be appointed to thisCommittee, provided that they have retired from the game at leastfive years previously. The senior most international amongst themembers of the Committee shall be appointed as the Chairperson.”

23. Until the elections to the BCCI take place, the CoA isempowered to consult with the Cricket Advisory Committee, comprisingof reputed former international cricketers and to constitute a Committeeof Selectors consistent with the above criteria. In regard to theappointment of coaches, managers, physiotherapists and other staff, weaccept the modification suggested in clause 24(5) in the followingterms :

“Clause 24 (5)

To appoint Team Officials for the Indian teams which shallcompulsorily include qualified coaches, managers, physiotherapists,nutritionists, trainers, analysts, counsellors and medics. However, A

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Athe Head Coach of each of the National Teams shall be appointedby the Cricket Advisory Committee referred to in Rule 26(2)A(ii)below.”

C. Cooling Off Period

24. The Lodha Committee recommended thatB

(i) the tenure of each term for office bearers of the BCCI andstate associations should be three years;

(ii) a maximum of three terms should be allowed regardless ofthe post held; and C(iii) there should be a mandatory ‘cooling off period’ after eachterm.

In making these recommendations, the Committee has been guidedby the need to ensure that vested interests do not emerge out of theindefinite continuation in office of one or more individuals. TheseDrecommendations seek to enforce a rule against self-perpetuation bystipulating the period of each term of office, the number of terms whicha single individual may hold and the requirement of a break betweensuccessive terms. The recommendations can be construed as an effortto ensure a dispersal of authority so that control over BCCI and thestate associations is not concentrated in the hands of one or a limitedEgroup of persons. The proposals for setting limits on tenures and termswere incorporated in a section which the Committee describes as the“end of the innings”.

25. In the principal judgment of this Court, the recommendationsof the Lodha Committee have been accepted for the following reasons:F

“20…These recommendations come in the wake of a finding bythe Committee that under the present dispensation office bearerscould continue for any number of terms.The Committee foundboth of these to be unacceptable and in our opinion rightly so....Given the problems that often arise on account of the individualsGholding the office for any number of consecutive terms, theCommittee was, in our opinion, justified in recommending the lengthof a term in office ... The three years recommended by theCommittee is, in our opinion, reasonable. Similarly, the prescriptionof cooling off period between two terms cannot be faulted ....

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Similarly, an optimum period of 9 years as a member of the ApexCouncil cannot be termed as unreasonable.....” (Emphasissupplied).

26. The recommendations of the Lodha Committee, as adoptedby this Court, have been clarified in two orders dated 20 January 2017and 24 March 2017. The clarification by this Court is that when anoffice bearer who completes nine years in any post in the BCCI isdisqualified to become an office bearer of the BCCI again. A similardisqualification attaches to a person who has held any post of an officebearer, in a state association for nine years. For the sake of clarity, whatis indicated in the order dated 24 March 2017 reads thus :

“21…What has been meant by the clarificatory order is that, if anoffice bearer has completed nine years in any post in the B.C.C.I.,he shall stand disqualified to become an office bearer of the B.C.C.I. Similarly, if a person holds the post of office bearer inany capacity for any State Association for nine years, he shallstand disqualified for contesting or holding any post or office ofthe State Association. To avoid any kind of maze, we proceed tostate by giving an example. If a person has held the post of officebearer in respect of a State Association for a period of nine years,he will not be disqualified to contest for the post of office bearerof the B.C.C.I.”

(Emphasis supplied)

27. A considerable amount of fire has been directed against theprovision for a cooling off period. Essentially, the cooling off periodstipulates that an office bearer is not eligible to contest a succeedingelection. The recommendation has been criticised on the ground that anindividual who has acquired experience in working in a particular postfor three years is unable to utilise the experience gained (as a result of acooling off period of three years) which would be a loss to the game ofcricket. “Continuity of service”, it has been submitted, subserves theinterest of the game and a person who has “enriched himself” over aperiod of three years should be allowed to contribute even thereafterwithout a break. This, it has been submitted, would enable office bearersto develop their networks with other cricketing nations and the ICC.Moreover, since an upper age limit of seventy years is in place, it hasbeen submitted that the requirement of a cooling off period may be A

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Adispensed with. The nature of cricket, it has been urged, is rapidly evolvingand an endeavour must be made to ensure that individuals with requisiteexperience are able to contribute to the game.

28. While dealing with the objections to a cooling off period, it isnecessary at the outset to emphasise that the term of an office bearerBcannot be regarded either as an opportunity “to enrich himself” or as amatter involving “continuity of service”. The expression “enrichedhimself” may have a legitimate connotation if it adverts only to experiencegained. Otherwise, enrichment in the form of personal aggrandisementis precisely what was frowned upon by the Lodha Committee, and forjustifiable reasons. The position of an office bearer in the state associationsCand in the BCCI is not a matter of ‘service’ in the conventional sense.Office bearers should not construe their position as employees with avested right to a particular tenure of service. Undoubtedly, the submissionthat individuals must continue for a period which enables them to developexperience in the administration of the game cannot be discounted.DEqually, it is a matter of concern that vested interests and conflicts ofinterest develop around power centres which have unbridled authority.Dispersal of authority is a necessary safeguard to ensure against theperpetuation of power centres. Individuals who administer the game ofcricket must realise that the game is perched far above their personalinterests. Important as experience in administration is, it is far-fetchedEto assume – and far more difficult for the court to accept – that experiencerests on the shoulders of a closed group of a few individuals. In fact,opportunities to a wide body of talent encourage a dispersal of experienceand democratisation of authority.

F29. Understood from the above perspective, the requirements thatthe term of office of an office bearer should be three years; and that anindividual should not hold office in the BCCI for a period excess of nineyears (regardless of the post held) with a similar stipulation of nine yearsfor the state associations is manifestly in public interest. Both thestipulations are valuable safeguards to ensure against the concentrationGof power.

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30. The requirement of a cooling off period of three years at theend of every term in office, however, requires careful consideration.The argument against the imposition of such a requirement is that by requiring an office bearer who has held a post for three years to undergoa break of three years prevents office bearers from applying theirknowledge and experience in regard to the administration of the gameof cricket. The submission which has urged before the Court is thatonce there is a cap of a nine year tenure for BCCI, with a similar tenureof nine years for the state associations, an additional cooling off periodof three years at the end of every term of office may not be necessary.

31. The amicus has earnestly supported the cooling off requirementas being necessary, having regard to the spirit of the Lodha Committeerecommendations. A cooling off period, it has been urged is necessaryto ensure that after a period of three years, a person is not able to migrateto another association and occupy the position of an office bearer or tooccupy any other position in the same association. The amicus alsosubmits that the expression ‘office bearer’ should not be allowed to becircumvented by being a member of any other committee. Subject tothese safeguards, the amicus agrees that a person may be able to servefor a period of nine years in the BCCI and nine years in a state association.

32. Having carefully evaluated the submissions which have beenurged before us, we are of the view that a cooling off period should beobserved. A cooling off period has several features which are of utmostimportance : (i) it is a safeguard against the development of vestedpersonal interests; (ii) it ensures against the concentration of power in afew hands; (iii) it facilitates a dispersal of authority; and (iv) it encouragesthe generation of a wider body of experienced administrators. Coolingoff must be accepted as a means to prevent a few individuals fromregarding the administration of cricket as a personal turf. The game willbe better off without cricketing oligopolies.

33. However, in our view, it would be appropriate to direct that acooling off period of three years would apply after an individual holdstwo successive terms in office either in the BCCI, or in any stateassociation or a combination of the two. For instance, if an office bearerhas held office for two consecutive terms in any post in a state association,such an individual must face a cooling off period of three years. Likewise,if an individual has held any post as an office bearer of the BCCI for atotal period of six years in succession, the individual must have a coolingoff period of three years before seeking election again either to the AB

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ABCCI or to a state association. The cooling off period would apply alsoin a situation where an individual holds a post for one term in a stateassociation followed by a post in the BCCI successively or vice versa.This would ensure that after a period of six years involving twoconsecutive terms, a cooling off period would be attracted. Allowing anindividual to act as an office bearer for six years in continuation, is aBsufficiently long period for experience and knowledge gained to bedeployed in the interest of the game without at the same time resulting ina monopoly of power.

The cooling off period shall read as follows :C“An office bearer who has held any post for two consecutiveterms either in a state association or in the BCCI (or a combinationof both) shall not be eligible to contest any further election withoutcompleting a cooling off period of three years. During the coolingoff period, such an office bearer shall not be a member of theDgoverning council or of any committee whatsoever of the BCCIor of a state association.”

The above principle shall govern Clause 6(4) as well as Clause14(4) of the draft constitution. The above principle will ensure that thecooling off period will come into operation upon a person holding anyEpost for two consecutive terms not exceeding six years.

34. We accordingly clarify that the position as approved by theCourt in the present order shall be to the following effect:

(i) The term for all posts of office bearers in BCCI and in stateFassociations shall be three years;

(ii) No person shall hold the position of an office bearer in anystate association, regardless of post, for a period in excess ofnine years in the aggregate;

(iii) No person shall hold the post of office bearer in BCCI,Gregardless of post, for a period in excess of nine years in theaggregate;

(iv) There shall be a cooling off period of three years after anindividual has held the post of an office bearer for two H

consecutive terms either in a state association or in the BCCIor a combination of both; and

(v) The expression ‘office bearer’ should not be permitted to becircumvented by being a member of any other committee orof the Governing Council in BCCI or any state association, asthe case may be.

D. Division of Functions, Professional Management and Disqualifications

35. The report of the Lodha Committee postulates that the Generalbody of the BCCI would consist of full members and associate members.The report provides for an Apex Council which is responsible for theadministration of the Board.

36. This functional distinction between the General body and theApex Council is an institutional safeguard to ensure professionalmanagement of BCCI. The Apex Council is entrusted with the functionof professional management through the Chief Executive Officer, theChief Financial Officer and other officers who must be recruitedon a transparent and professional basis. Of the nine members ofthe Apex Council, five (the President, Vice President, Secretary, JointSecretary, Treasurer and a member) are to be elected bythe General body.

We approve clause 15 (1) in regard to the Apex Council whichreads thus:

“The affairs of BCCI shall be governed by the Apex Council andits framework of governance shall:

(i) Enable strategic guidance of the entity;

(ii) Ensure efficient monitoring of management;

(iii) Ensure the performance of the respective roles, responsibilitiesand powers of the CEO, Managers, Cricket Committees andStanding Committees except the Governing Council; and A

B

C

D

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F

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A(iv) Ensure a distribution and balance of authority so that no singleindividual has unfettered powers.”

E. Disqualifications

37. In regard to disqualifications, we accept the clause in the draftBconstitution as proposed with the incidental modifications as suggestedby the amicus. The disqualifications read as follows:

“ Clause 6 (5)

A person shall be disqualified from being an Office Bearer, amember of the Governing Council or any Committee or aCrepresentative tothe International Cricket Council or any similarorganization if he or she:

(a) is not a citizen of India;

(b) has attained the age of 70 years;

D

(c) is declared to be insolvent, or of unsound mind; (d) is a Minister or Government Servant or holds a public office; (e) holds any office or post in a sports or athletic association orfederation apart from cricket; E(f) has been an Office Bearer of the BCCI for a cumulative periodof 9 years or of a Stateassociation for a cumulative period of9 years; (g) has been charged by a Court of Law for having committedany criminal offence. i.e. an order framing charges has beenFpassed by a court of law having competent jurisdiction.”

38. Clauses 29, 33(1), 33(2) and 45 of the draft constitution withthe modifications suggested by the amicus read as follows :

“Clause 29

INADVERTENT OMISSION TO GIVE NOTICE OFGMEETING

Inadvertentomission to give notice of an Annual General or SpecialGeneral Meeting or Meetings of the Apex Council or of any ofthe Committees to any member entitled thereto or the non-receipt H

thereof by such individual shall not invalidate the proceedings ofsuch meetings.

Clause 33(1)

At least fourweeks prior to the Annual General Meeting at whichan election is to be held, the Apex Council shall appoint an ElectoralOfficer, who shall be a former member of the Election Commissionof India.

Clause 33 (2)

The Electoral Officer shall oversee and supervise the entire electionprocess including scrutiny of the electoral rollsfor Councillors andthe Players’ Cricket Association, which shall include all nominationsand candidatures being subject to his scrutiny in accordance withthe Rules.

Clause 45

These Rules and Regulations of the BCCI shall not be repealed,added to, amended or altered except when passed and adoptedby a 3/4th majority of the members present and entitled to vote ata Special General Meeting of the General Body convened for thepurpose or at the Annual General Meeting. Any such amendmentwill not be given effect to without the leave of the Hon’ble SupremeCourt.”

39. We approve the above clauses. We are emphatically of theview that once the draft constitution has been approved by this Court,any amendment should not be given effect to without the leave of thisCourt.

40. Having regard to the fact that the draft constitution submittedby the CoA on 27 October 2017 has now been approved by this Courtsubject to the aforesaid modifications, we issue the following directions:

1. The Registrar of Societies under the Tamil Nadu SocietiesRegistration Act, 1975 shall upon the presentation of the saidConstitution by the CEO, register the documents forthwithand report compliance by way of a report to the SecretaryGeneral of this Court within four weeks; A

B

C

D

E

F

G

A2. Upon the registration of the said Constitution of BCCI, eachof the members shall undertake registration of their respectiveConstitutions on similar lines within a period of 30 daysthereafter. A compliance certificate must be furnished to theCoA, which shall file a status report before this Court withreference to the compliance undertaken by the StateBAssociations; and

3. In the event that any State Association does not undertakecompliance with the abovesaid directions, the directionscontained in the orders of this Court dated 7 October 2016and 21 October 2016 shall revive.C41. The Committee of Administrators is at liberty to submit a furtherreport for such future directions as may be warranted and to securecompliance.

DDivya Pandey

Directions issued.

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H