TMI Blog2018 (8) TMI 2062X X X X Extracts X X X X X X X X Extracts X X X X ..... urashtra. In both the states, these associations have made a signal contribution to the cricketing history of the nation. Besides, fielding teams for the Ranji Trophy, these associations have produced players of national and international repute. The amicus has responded to the plea before this Court for allowing full membership to the three associations each in the States of Maharashtra and Gujarat - The amicus while recognising the circumstances of history pertaining to Maharashtra and Gujarat submits that the recommendations of the Lodha Committee which have been accepted in the principal judgment seek to bring about uniformity in the structure of management and a certain amount of domestic equality. However, he suggests that the releasing of grants and such other requirements as may be necessary for constituents must be suitably addressed by the CoA and by the regularly elected Apex Council. It is clarified specifically that the representative from Railways who would exercise voting power must be a former cricketer who has represented Indian Railways and who is elected by an association of former players from the Indian Railways and not a person nominated by the government o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es and terms were incorporated in a section which the Committee describes as the end of the innings . While dealing with the objections to a cooling off period, it is necessary at the outset to emphasise that the term of an office bearer cannot be regarded either as an opportunity to enrich himself or as a matter involving continuity of service . The expression enriched himself may have a legitimate connotation if it adverts only to experience gained. Otherwise, enrichment in the form of personal aggrandisement is precisely what was frowned upon by the Lodha Committee, and for justifiable reasons. The position of an office bearer in the state associations and in the BCCI is not a matter of service in the conventional sense. Office bearers should not construe their position as employees with a vested right to a particular tenure of service. Undoubtedly, the submission that individuals must continue for a period which enables them to develop experience in the administration of the game cannot be discounted - the requirements that the term of office of an office bearer should be three years; and that an individual should not hold office in the BCCI for a period excess of ni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dv., Ms. Sweta, Adv., Ms. Romila, Adv., Mr. Cyril Amarchand Mangaldas, AOR, Mr. Gagan Gupta, AOR, Mr. Vikas Mehta, AOR, Mr. Venkita Subramoniam T.r, AOR, Mr. M.P. Vinod, AOR, Mr. Reepak Kansal, Adv., Mr. yadunandan Bansal, Adv., Dr. Ashutosh Garg, Adv., Mr. Pratik R. Bombarde, AOR, Mr. Vikas Mehta, AOR, Mr. Rauf Rahim, AOR For the Respondent : Mr. Senthil Jagadeesan, AOR, Mr. Nirnimesh Dube, AOR, Mr. Abhishek Singh, AOR, Mr. Venkita Subramoniam T.R, AOR, Mr. V. K. Biju, AOR, Mr. Abhay Pratap Singh, Adv., Mr. A.K. Upadhyay, Adv., Mr. Tushar Mehta, Sr. Adv., Mr. Siddharth Garg, Adv., Mr. Snehasish Mukherjee, AOR, Mr. Aditya Soni, Adv., Mr. Shree Pal Singh, AOR, Mr. Sarvesh Singh, AOR, Mr. Santosh Mishra, AOR, Mr. Santosh Kumar, AOR, Mr. Ritesh Kumar Chowdhary, AOR, Mr. Rashmi Singh, AOR, Mr. Rameshwar Prasad Goyal, AOR, Mr. Rajiv Nanda, AOR, Mr. Raghavendra S. Srivatsa, AOR, Mr. R. Chandrachud, AOR, Mr. Praveen Swarup, AOR, Ms. Pragya Baghel, AOR, Mr. Mukesh Kumar Maroria, AOR, Mr. Manju Sharma, AOR, Mr. Liz Mathew, AOR, Ms. Neela Gokhale, Adv., Mr. Ilam Paridi, Adv., Ms. Shradha Agrawal, Adv., Ms. Kamakshi S. Mehlwal, AOR, Mr. K. K. Mohan, AOR, Mr. Gaurav Sharma, AOR, Mr. Gagan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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. (Emphasis supplied) On 23 August 2017, the CoA was entrusted to prepare a draft constitution in accordance with the judgment rendered on 18 July 2016 and the order dated 24 July 2017. Modalities were evolved by this Court to consider the concerns of stakeholders by ensuring that the draft constitution is duly circulated between all the counsel so that their suggestions could be evaluated. This Court observed : we 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 Advocate-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 . S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. (Emphasis supplied) 3 On 27 October 2017, the CoA filed a draft constitution for BCCI and its office bearers. Suggestions to the draft received from state cricket associations and other parties were filed by the CoA together with comments on the proposed suggestions, in a status report dated 12 January 2018. On 1 May 2018, this Court noted that suggestions to the draft constitution have been filed and would be finalized by the Court. In the interest of fairness, it was however observed that any further suggestions that a state cricket association may have, could still be forwarded to the amicus. Accordingly, the following directions were issued : A draft Constitution meant for the B.C.C.I. and its Office Bearers has been filed on 27.10.2017. Suggestions to the same by various State Cricket Associations have also been filed and the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estion of finalizing the draft constitution having due regard to the contents of the draft placed on the record and the suggestions of the learned amicus Curiae and counsel. 5 Broadly speaking, the suggestions which have been received to 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 related matters; b) Cooling off period; c) Disqualifications; d) Constitution of the Apex council; 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 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 during the course of hearing. A. Issues relating to membership and Associate Membership: One State One Vote 6 Rule (3)(a)(i) of the draft constitution contemplates that membership of BCCI shall consist of (i) Full members and; (ii) Associate members. The text of the draft c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces ), Railway Sports Promotion Board ( Railways ) and Association of Indian Universities ( Universities ) do not as such represent any specified territory but are actively involved in the game of cricket whereas some members like the National Cricket Club at Kolkata and the Cricket Club of India at Mumbai do not represent any territory. The Lodha Committee relied upon territoriality as a determining factor for the grant of full membership. Railways, Services and Universities not being tied to the territory of one state were denied full membership. Though Gujarat fielded three cricket teams (Gujarat, Saurashtra and Baroda) and so did Maharashtra (Mumbai, Maharashtra and Vidarbha) both states would each have one Full membership. The Lodha Committee recommended that the status of associate member should be granted to those members who do not represent any territory. 8 In the principal judgment of this Court dated 18 July 2016, the one state - one vote norm was accepted. While doing so this Court observed thus : 62. That brings us to the question whether One State One vote recommended by the Committee suffers from any legal or other infirmity sufficient for this Court to reje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Saurashtra. In both the states, these associations have made a signal contribution to the cricketing history of the nation. Besides, fielding teams for the Ranji Trophy, these associations have produced players of national and international repute. The amicus has responded to the plea before this Court for allowing full membership to the three associations each in the States of Maharashtra and Gujarat. The amicus submits that the order of this Court mandates that there should be an annual rotation of the constituent members of Maharashtra and Gujarat so that every year, one of the three constituent members would be capable of voting and participating in the general body. Moreover, it has been submitted that for the elections to the Apex Council which take place once every three years, the first member association which has already cast a vote should not be able to cast a vote at the end of three years but must pass it on to the next association in turn. In this manner, it has been suggested that all the three constituent associates of the two states will have due opportunity to not only participate in the affairs of the general body but would have an opportunity to vote at the end ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmed Gujarat and Maharashtra Cricket Association receded from the territorial limits of the Bombay Presidency (Proper) Cricket Association. The present day Mumbai Cricket Association or MCA is the governing body for cricket in Mumbai and its surrounding regions like Thane and Navi Mumbai. The Mumbai cricket team is the team for The Mumbai Cricket Association in the Ranji Trophy. The team has won over 41 titles, the most recent being in 2015-16. It has also come 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, include Abey Kuruvilla, Ajinkya Rahane, Ajit Wadekar, Ashok Mankad, Chandu Borde, Dilip Sardesai, Dilip Vengsarkar, Eknath Solkar, Farokh Engineer, Jatin Paranjpe, Polly Umrigar, Ravi Shastri, Rohit Sharma, Rustomji Jamshedji, Rusi Modi, Sachin Tendulkar, Sandeep Patil, Sanjay Manjrekar, Sunil Gavaskar, Vijay Manjrekar, Vijay Merchant, Vinod Kambli, Wasim Jaffer etc. SUARASHTRA CRICKET ASSOCIATION Saurashtra is one of three cricket teams based in Gujarat which competes in the Ranji Trophy (the others being Baroda and Gujarat). Formerly it was known as Nawan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d its popularity. Having due regard to the contributions made by Mumbai and Vidarbha in the State of Maharashtra and by Baroda and Saurashtra in the State of Gujarat to the game of cricket, it would be appropriate to also grant them full membership of the BCCI. We however, maintain the decision not to grant the status of full members to the National Cricket Club and the Cricket Club of India. Neither of the two Clubs fields teams in the Ranji Trophy. They cannot be placed at par with the other state associations. Railways 11 The contribution of Railways to the cause of Indian Cricket is noteworthy. It has been pointed out before the Court that : RAILWAYS SPORTS PROMOTION BOARD Railways Sports Promotion Board (RSPB) is a sports board run by the Indian Railways. It promotes 29 sporting disciplines and owns the Karnail Singh Stadium in New Delhi. RSPB is a member of the Board of Control for Cricket in India and RSPB fields the Railways cricket team in domestic cricket competitions in India such as the Ranji Trophy. In recent years since 2000, Railways have won the trophy twice and become runners-up as well. As Champions of the Ranji Trophy, they have played t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, he submits that sufficient material is not available and that having regard to the need for insulation from government control, as at present advised , it is not possible to recommend the grant of a full membership status. As regards the Association of Indian Universities, it has been submitted that since they do not field a team for the Ranji Trophy, full membership status should not be granted. On the contribution by the Services team to the cause of Indian cricket, 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 sports persons. The board initially was known as the Army Sports Control Board and was established in 1919. Postindependence, it was rechristened as Service Sports Control Board and all the three services are running the organization on a rotational basis. The Services cricket team plays in the Ranji Trophy, the premier domestic first-class cricket competition in India. Under the auspices of the SSCB, the players represent the Indian armed services. They first played in the Ranji Trophy in 1949-50. They have playe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... International matches Test Matches, ODI Matches and T20 matches 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 Under-19 cricket Under-16 cricket 19 With twenty-eight teams, India is reported to have the highest number of first class teams in the world. Senior selectors watch over 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 witness India-A team matches and matches across different formats at home and overseas. National teams are required to be selected across different formats in accordance with the ICC schedule. Senior selectors are also part of the team management that selects the playing eleven of the Indian team on the day prior t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... class matches. We accordingly accept the proposed amendment as suggested by the amicus in the following terms : Clause 26(2)A(i) The Men s Selection Committee shall select the Senior National Team for representation in Tests, One Day Internationals. T20 and any other format. This Committee shall also be responsible for providing evaluation reports of the respective team performances to the Apex Council on a quarterly basis. Clause 26(2)A(ii) The Men s Selection Committee shall consist of five persons to be appointed by a Cricket Advisory Committee comprising of reputed former international cricketers identified by the BCCI at the annual General Meeting, subject to the following criteria: (a) Every member of the Men s Selection Committee should have played a minimum of (i) Seven Test Matches; or (ii) Thirty First class Matches; or (iii) Ten One Day International Matches and twenty First Class Matches. (b) Every member of the Men s Selection Committee should have retired from the game at least five years previously. The senior most among the members of the Men s Selection Committee shall be appointed as the Chairperson. Clause 26 (2) B (i) Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erpetuation by stipulating the period of each term of office, the number of terms which a single individual may hold and the requirement of a break between successive terms. The recommendations can be construed as an effort to ensure a dispersal of authority so that control over BCCI and the state associations is not concentrated in the hands of one or a limited group of persons. The proposals for setting limits on tenures and terms were incorporated in a section which the Committee describes as the end of the innings . 25 In the principal judgment of this Court, the recommendations of the Lodha Committee have been accepted for the following reasons: 20 These recommendations come in the wake of a finding by the Committee that under the present dispensation office bearers could continue for any number of terms. The Committee found both of these to be unacceptable and in our opinion rightly so.... Given the problems that often arise on account of the individuals holding the office for any number of consecutive terms, the Committee was, in our opinion, justified in recommending the length of a term in office ... The three years recommended by the Committee is, in our opinion, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... place, it has been submitted that the requirement of a cooling off period may be dispensed with. The nature of cricket, it has been urged, is rapidly evolving and an endeavour must be made to ensure that individuals with requisite experience are able to contribute to the game. 28 While dealing with the objections to a cooling off period, it is necessary at the outset to emphasise that the term of an office bearer cannot be regarded either as an opportunity to enrich himself or as a matter involving continuity of service . The expression enriched himself may have a legitimate connotation if it adverts only to experience gained. Otherwise, enrichment in the form of personal aggrandisement is precisely what was frowned upon by the Lodha Committee, and for justifiable reasons. The position of an office bearer in the state associations and in the BCCI is not a matter of service in the conventional sense. Office bearers should not construe their position as employees with a vested right to a particular tenure of service. Undoubtedly, the submission that individuals must continue for a period which enables them to develop experience in the administration of the game cannot be di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee. Subject to these safeguards, the amicus agrees that a person may be able to serve for a period of nine years in the BCCI and nine years in a state association. 32 Having carefully evaluated the submissions which have been urged before us, we are of the view that a cooling off period should be observed. A cooling off period has several features which are of utmost importance : (i) it is a safeguard against the development of vested personal interests; (ii) it ensures against the concentration of power in a few hands; (iii) it facilitates a dispersal of authority; and (iv) it encourages the generation of a wider body of experienced administrators. Cooling off must be accepted as a means to prevent a few individuals from regarding the administration of cricket as a personal turf. The game will be better off without cricketing oligopolies. 33 However, in our view, it would be appropriate to direct that a cooling off period of three years would apply after an individual holds two successive terms in office either in the BCCI, or in any state association or a combination of the two. For instance, if an office bearer has held office for two consecutive terms in any post in a sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pression office bearer should not be permitted to be circumvented by being a member of any other committee or of the Governing Council in BCCI or any state association, as the case may be. D. Division of Functions, Professional Management and Disqualifications 35 The report of the Lodha Committee postulates that the General body of the BCCI would consist of full members and associate members. The report provides for an Apex Council which is responsible for the administration of the Board. 36 This functional distinction between the General body and the Apex Council is an institutional safeguard to ensure professional management of BCCI. The Apex Council is entrusted with the function of professional management through the Chief Executive Officer, the Chief Financial Officer and other officers who must be recruited on a transparent and professional basis. Of the nine members of the Apex Council, five (the President, Vice President, Secretary, Joint Secretary, Treasurer and a member) are to be elected by the General body. We approve clause 15 (1) in regard to the Apex Council which reads thus: The affairs of BCCI shall be governed by the Apex Council and its frame ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall include all nominations and candidatures being subject to his scrutiny in accordance with the Rules. Clause 45 These Rules and Regulations of the BCCI shall not be repealed, added to, amended or altered except when passed and adopted by a 3/4th majority of the members present and entitled to vote at a Special General Meeting of the General Body convened for the purpose or at the Annual General Meeting. Any such amendment will not be given effect to without the leave of the Hon ble Supreme Court. 39 We approve the above clauses. We are emphatically of the view that once the draft constitution has been approved by this Court, any amendment should not be given effect to without the leave of this Court. 40 Having regard to the fact that the draft constitution submitted by the CoA on 27 October 2017 has now been approved by this Court subject to the aforesaid modifications, we issue the following directions: 1 The Registrar of Societies under the Tamil Nadu Societies Registration Act, 1975 shall upon the presentation of the said Constitution by the CEO, register the documents forthwith and report compliance by way of a report to the Secretary General of this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
