VidhiSangh

Supreme Court of India · 14/09/2022

THE BOARD OF CONTROL FOR CRICKET IN INDIA versus CRICKET ASSOCIATION OF BIHAR & ORS

[2022] 14 S.C.R. 519 · 2022 INSC 963

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Summary

The BCCI constitution approved by the Supreme Court in 2018 cannot be amended without the Court's leave. It required a three-year cooling-off period after two consecutive terms as an office-bearer, whether in a State association, in the BCCI, or one term in each. The BCCI sought leave for amendments adopted at its 2019 AGM. The Court approved a modified Clause 6(4) as reframed by the amicus curiae, under which cooling-off is triggered by two consecutive terms at the same level, the BCCI or a State association. Changes to the disqualifications in Clause 6(5) were allowed in part: disqualification attaches on conviction and sentence of imprisonment rather than on a charge, but the proposed three-year threshold was rejected. Consequential and administrative amendments were approved, and deleting the requirement of the Court's leave was not pressed.

Issues

  1. Whether the BCCI's proposed amendment confining the cooling-off period to two consecutive terms at the same level (BCCI or State association) defeats the purpose of the cooling-off requirement
  2. Whether the proposed modifications to the disqualification criteria in Clause 6(5) should be permitted

Held

Result

Interim application disposed of. The amendments to the BCCI constitution were approved as modified by the Court, with the 2018 compliance directions applied to them.

Judgment PDF: Supreme Court of India, [2022] 14 S.C.R. 519.