SC Warns BCCI Against Scuttling New Constitution [Read Order]

The Supreme Court today took serious note of the open defiance of BCCI bosses regarding drafting a new constitution for the board in accordance with its earlier judgment.

A special bench headed by chief justice Dipak Misra told BCCI President C K Khanna, acting secretary Amitabh Choudhary and treasurer Aniruddh Chaudhry who had been summoned to the court that their non-cooperation had led to the amended constitution of BCCI not being framed yet.

“If the three aforesaid three office-bearers do not give suggestions in accordance with the judgement of this court, there shall be very serious consequences”, a bench headed by Chief Justice Dipak Misra said.

The bench  made it clear that the draft constitution shall include the suggestions of the Justice R M Lodha committee in its entirety so that a holistic document can be placed before it for a final decision.

"The draft constitution shall include the suggestions given by Justice Lodha Committee in its entirety so that a holistic document comes before this Court. After the document is placed before the Court, the claims of Railways, Universities and Services and the other cricket Associations, who are of the view that concept of 'one State one vote' should not be applicable keeping in view their contribution to the game of cricket, shall be considered. The suggestions shall be given within three weeks hence. For the purpose of drafting out the constitution after taking note of the suggestions, to make it final for the purpose of approval by this Court, the Office Bearers of B.C.C.I. shall not hold a General Body Meeting".

The bench was furious that these office- bearers were not cooperating with the Committee of Administrators (CoA) headed by former CAG Vinod Rai in making of the draft constitution of the BCCI.

At the outset , senior advocate Parag Tripathi, appearing for the CoA, complained that the three officials were changing the entire game, as the stand taken by them was aimed at not implementing any of the recommendations of the Lodha panel.

On August 16 the Committee of Administrators (COA) appointed by the apex court has sought the removal of BCCI office-bearers, including Khanna and Choudhary also for non-compliance of Lodha Panel reforms.

In its fifth Status Report submitted to the Supreme Court, the COA had also sought the removal of treasurer Aniruddh Chaudhary.

In a scathing report submitted in the apex court, the two-member COA -- comprising Vinod Rai and Diana Edulji -- has asked that governance, management and administration of the board be handed over to them along with a professional group headed by CEO Rahul Johri till the elections are held.

In the 26-page report (with 174 pages of annexures), the biggest takeaway was that Khanna, Amitabh and Aniruddh should be removed just like former BCCI president Anurag Thakur and secretary Ajay Shirke, who were ousted for failing to ensure implementation of Lodha reforms.

Advocate Gopal Sankarnarayanan, counsel appearing for the Justice Lodha Committee has requested a clarification on whether it should deal with the grievance in respect of certain matters.  The Bench directed that Justice Lodha Committee may not entertain any further representation unless it is referred by the Supreme Court.

Read the Order Here