SC to BCCI Office Bearers: Give suggestions on draft Constitution or face serious consequences

Supreme Court: The 3-judge bench of Dipak Misra, CJ and AM Khanwilkar and Dr DY Chandrachud, JJ directed the BCCI office bearers, namely, C.K. Khanna, Anirudh Chaudhry and Amitabh Choudhary to give suggestions in furtherance of the Court’s order wherein it accepted the Justice Lodha Committee report. The Court said that if the office bearers fail to give their suggestions within 3 weeks, “they shall face serious consequences”.

The Court said that the draft constitution shall include the suggestions given by Justice Lodha Committee in its entirety so that a holistic document comes before the Court. Hence, it was noticed that after the document is placed before the Court, it will consider 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.

It was further directed that 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.

Earlier, on 02.01.2017, the bench headed by then Chief Justice, Justice TS Thakur had accepted the Justice Lodha Committee Report on structural reforms in the BCCI in order to streamline the working of the BCCI and possibly prevent any aberrations or controversies in which it has been embroiled in the past. The Lodha Committee had, regarding the disqualification of the office bearers of BCCI, had recommended that a person shall be disqualified from being an Office Bearer if he or she:

  • Is not a citizen of India;
  • Has attained the age of 70 years;
  • Is declared to be insolvent, or of unsound mind;
  • Is a Minister or government servant;
  • Holds any office or post in a sports or athletic association or federation apart from cricket;
  • Has been an Office Bearer of the BCCI for a cumulative period of 9 years;
  • Has been charged by a Court of Law for having committed any criminal offence.

Last year, on 18.07.2016, the Court said:

“the game of Cricket does not flourishes in this country because any minister or civil servant holds office in the State Associations or BCCI.”

The Court will now hear the matter on 30.10.2017 when all the above-mentioned office bearers have been asked to be present before the Court. [Board of Control for Cricket v. Cricket Association of Bihar, 2017 SCC OnLine SC 1155 , order dated 21.09.2017]

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