BOARD OF CONTROL FOR CRICKET v. CRICKET ASSOCIATION OF BIHAR & ORS.

A number of terms for which an officer bearer can serve and the optimum period for which one can be a member of the apex council. The recommendation also provides for cooling off period between two terms .. It also prescribes grounds for disqualification of office bearer which were otherwise absent in the existing rules and regulations of the BCCI. These recommendations come in the wake of a finding by the Committee B that under the present dispensation office bearers could continue for any numberof terms. It was also noticed that no grounds for disqualifying an office bearers were prescribed. The Committee found both of these to be unacceptable and, in our opinion, rightly so. Given the problems that often arise on account of individuals holding office for any number c of consecutive terms, the Committee was, in our opinion, justified in recommending the length of a term in office. A three year term recommended by the Committee is, in our opinion, reasonable. So also, the prescription of cooling off period between two terms cannot be faulted. Similarly, an optimum period of9 years as a member of the apex council cannot also be termed ~s unreasonable. Grounds for disqualification D like unsoundness of mind, the member becoming a minister or holding a membership in any sporting body also meet the requirement of reasonableness and do not call for interference from th<> court. The contention that the recommendations have no rationale or that the same are contrary to the provisions of the Tamil Nadu Societies Registration E Act deserve notice only to be rejected.

90Copy pinpoint90. 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. H

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ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]

91Copy pinpoint91. In the result, we accept the report submitted by the Committee A 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 illJplementation qfthe 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. Constrains of time and the multiple dimensions of the recommendations made however make it difficult for us to take that supervisory role upon ourselves. The supervision of the transition can, in our opinion, be left to be undertaken by the Committee not only because it has a complete understanding of and insight into the nature of the problems sought to be remedied but also the ability to draw time lines for taking of steps necessary for the implementation of the proposed reforms. We are conscious of fact that the process may be time consuming but we hope that the same should be completed within a period of four months or at best six months from today. We, therefore, request the committee headed by Justice Lodha to draw appropriate timelines for implementation of the recommendations and supervise the implementation thereof.

92Copy pinpoint92. Needless to say that the BCCI and all concerned shall cooperate and act in aid of the Committee and its directives. Should any impediments arise, the Committee shall be free to seek appropriate directions from this Court by filing a status report in that regard.

93Copy pinpoint93. The Committee shall be free to determine and direct payment of its fee for the time it devotes pursuant to this order.

94Copy pinpoint94. With these observations we dispose of the matter finally placing on record our deep appreciation for the commendable work which the Committee has done in a short period. We also place on record our appreciation and gratitude to Mr. Gopal Subramanium, senior advocate, for lending valuable assistance to us as Amicus Curiae. No costs. Devika Gujral Appeals disposed of. G