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2016 (7) TMI 1238 - SC - Indian LawsRecommendations of the Committee - Measure taken by the BCCI - Principles of natural justice - Held that:- No basis for the argument that any measure taken by the BCCI on its own or under the direction of a competent court specially when aimed at streamlining its working and ensuring financial discipline, transparency and accountability expected of an organization discharging public functions such as BCCI may be seen as governmental interference calling for suspension/derecognition of the BCCI. Far from finding fault with presence of a nominee of the Accountant General of the State and C&AG, the ICC would in our opinion appreciate any such step for the same would prevent misgivings about the working of the BCCI especially in relation to management of its funds and bring transparency and objectivity necessary to inspire public confidence in the fairness and the effective management of the affairs of the BCCI and the State Associations. The nominees recommended by the Committee would act as conscience keepers of the State Association and BCCI in financial matters and matters related or incidental thereto which will in no way adversely impact the performance or working of the BCCI for the promotion and development of the game of cricket. The criticism leveled against the recommendations of the Committee is, therefore, unfounded and accordingly rejected. Recommendation made by the Committee regarding the formation of a Players’ Association. To the extent the recommendation provides for establishment of a Players’ Association neither the BCCI nor any other association who has intervened has found fault with the view taken by the Committee. What has come under criticism by the BCCI and its supporting associations is the financial assistance which the BCCI is required to give to such an association. On behalf of the BCCI it was contended that cricket players can indeed form an association which they are in any case entitled to form, but that exercise need not be at the expense of the BCCI. The recommendation for financial support to the association is thus all that has been faulted by the BCCI. It was also contended that there was no need for providing any representation for the Association in the Apex Council of the BCCI having regard to the fact that some of the cricketers had in the past held offices in the State Associations and in the BCCI by recourse to the democratic process, without any such reservation. The recommendation requiring financial support to the players association cannot be rejected especially when the extent of such support is left to the BCCI to be decided on a fair and objective view of its financial resources and commitments. Dimension of the recommendation touching the representation given to the association also does not call for any interference. Players’ Association, it is obvious, would represent a very significant and important segment of the stakeholders in the game. Those who have played the game and are, therefore, better equipped to understand its nuances, its challenges and concerns relevant to its development and promotion cannot be left out from the management. The Committee has recommended two positions in the Apex Council as Councillors one of whom must be a female. Keeping in view the numerical strength of the Apex Council, two nominees representing the Players’ Association will not unfavorably tilt the power balance within the Apex Council nor bring in any undesirable or extraneous element into the management of the BCCI. We have, therefore, no hesitation in rejecting the argument against the recommendation. We make it clear that if upon reconsideration of the matter the Committee takes a view that the induction of the nominees of the franchisees will not result in any conflict of interest, it shall be free to stick to its recommendations in which event the recommendations shall be deemed to have been accepted by this Court to be formalized and carried out in such manner as the Committee may decide. The contention that the recommendations have no rationale or that the same are contrary to the provisions of the Tamil Nadu Societies Registration Act deserve notice only to be rejected. The other recommendation which we may deal with is the overhaul of the existing Committees of the BCCI on the ground that they do not have clearly defined terms of reference. The Committee has on the basis of a thorough consideration and deliberation with all concerned recommended that the BCCI ought to adopt an approach that would institutionalize the management of its administrative affairs rather than such affairs being run on an ad-hoc basis. The Committee has, on that premise, recommended an administrative set up which it has evolved on the basis of its interactions with people who have the necessary expertise and insight into the needs of the BCCI and its associations. We, therefore, see no compelling reason for us to reject the recommendation made by the Committee, especially when the objective underlying the said recommendation is not only laudable but achievable through the medium of the change recommended by the Committee. In the result, we accept the report submitted by the Committee and the recommendations made therein with such modifications and clarifications as have been set out by us in the body of this judgment. Having said that we must hasten to add that the implementation of the recommendations is equally important and ought to be achieved within a reasonable period. The transition from the old to the new system recommended by the Committee shall have to be under the watchful supervision of this Court.
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