Supreme Court Refuses To Entertain Challenge Against Bihar Cricket Association Election; Allows Petitioner To Avail Other Remedies

In a plea assailing the outcome of the elections of the Bihar Cricket Board that took place on 25.09.2022, the Supreme Court, recently, granted liberty to the petitioner to approach the appropriate forum to seek remedy. It noted that it is not proper for the Apex Court to consider disputed questions in the present proceedings. "We are of the considered view that any challenge to the elections which has taken place can be pursued by adopting suitable remedies as are open in law. It is neither appropriate nor proper for this Court to enter into a disputed question by entertaining an Interlocutory Application for reliefs in these proceedings." In view of the same, the Apex Court clarified that it does not think it fit to pursue the exercise of contempt jurisdiction. "In view of the disposal of these proceedings, the Electoral Officer would be at liberty to notify the results and the results of the AGM may be duly published." A Bench comprising Justices D.Y. Chandrachud and Hima Kohli granted liberty to the Electoral Officer to notify the results and to publish the results of the Annual General Meeting held on 25.09.2022. Senior Advocate, Mr. Anupam Lal Das, appearing on behalf of the applicant contended that the electoral college for the Bihar Cricket Board election was altered and the Constitution of the Bihar Cricket Board was amended without the approval of the Apex Court. Per contra, Senior Advocate, Mr. ANS Nadkarni, appearing on behalf of the Bihar Cricket Association, argued that though an application has been filed seeking the leave to implement the proposed amendments, the elections have taken place on the basis of the unamended Constitution. Mr. Das raised allegations that an Electoral Officer was summoned from Goa in violation of the unamended Constitution of the Bihar Cricket Association, which requires the Electoral Officer to be from the State of Bihar. He assailed the alteration of the definition of the expression 'full member', which he argued was a ploy to include District Associations and local clubs. It was also argued that the candidates who contested for the post of President, Secretary and Treasurer were not named in the draft or final electoral roll. On 22.09.2022, in a communication sent by the Electoral Officer it was stated that six candidates were elected unopposed to the posts of President, Vice President, Secretary, Joint Secretary, Treasurer and Counsellor (District Representative) of the Bihar Cricket Association. The Annual General Meeting of the Association took place on 25.09.2022. The Apex Court had allowed the AGM to take place on the scheduled date, but asked the Association to place the result before it in a sealed cover. The report filed by Electoral Officer before the Apex Court suggests that the election process commenced on 28.08.2022. Nominations were called from Full Members/District Cricket Associations between 12th September and 14th September, 2022 for nominating their representatives to the electoral roll. Out of 41 nominations, 32 names found a place in the final electoral roll. Nine nominations were received for filing up six posts of the Committee of Management of the Bihar Cricket Association. Eventually the election results were notified on the basis that six candidates were elected to the concerned posts unopposed. [Case Title: BCCI v. Cricket Association of Bihar And Ors. Civil Appeal No. 4235/2014]Click Here To Read/Download Order

Supreme Court Refuses To Entertain Challenge Against Bihar Cricket Association Election; Allows Petitioner To Avail Other Remedies

Sohini Chowdhury

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