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Board Of Control For Cricket And Others v. Cricket Association Of Bihar And Others
Factual and Procedural Background
The Supreme Court is seized of Civil Appeal No. 4235 of 2014 and connected matters concerning the draft Constitution of the Board of Control for Cricket in India (BCCI). During the present hearing, the Court listened to counsel for all parties and the Amicus Curiae regarding suggested modifications to the draft Constitution. The order documented here primarily addresses the procedural step of reserving the matter for finalisation of that Constitution and issuing interim directions pending the Court’s final decision.
Legal Issues Presented
- Whether and how the Supreme Court should finalise the draft Constitution of the Board of Control for Cricket in India after considering the suggestions of the Amicus Curiae and the parties.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court noted that it had received the draft Constitution and various suggestions. It reserved its order exclusively to consider and finalise the Constitution after examining all submissions. Anticipating potential administrative or electoral actions that might undermine its forthcoming decision, the Court issued interim measures to:
- Prohibit all High Courts from entertaining applications seeking appointment of Administrators for BCCI based on communications from the Committee of Administrators.
- Stay any further elections within BCCI until the Supreme Court finalises the Constitution.
These directions aim to maintain the status quo and preserve the Court’s authority over the constitutional restructuring of BCCI.
Holding and Implications
INTERIM DIRECTIONS ISSUED; ORDER ON FINALISATION OF THE CONSTITUTION RESERVED.
Immediate Effect: No High Court may appoint Administrators for BCCI, and no elections may be conducted until further orders. The matters are to be listed again after two weeks.
Broader Implications: The order safeguards the Supreme Court’s exclusive control over the constitutional overhaul of BCCI but sets no new legal precedent beyond the present case.
Order
CA No. 4235 of 2014, etc.
1. Heard the learned counsel for the parties on the draft Constitution of the Board of Control for Cricket in India and the suggestions given.
2. Order is reserved exclusively on the question of finalisation of the draft Constitution which this Court shall finalise after perusal of the draft Constitution, suggestions of the learned Amicus Curiae, suggestions given by the learned counsel for the parties and the submissions advanced on that score.
3. As an interim measure, it is directed that as we are going to finalise the draft Constitution, no High Court shall entertain any prayer with regard to appointment of any Administrator hereinafter on the basis of the communication sent by the Committee of Administrators. It is further directed that no election shall be held hereinafter.
IA No. 44726 of 2018 & other IAs; Diary No. 21405 of 2018 and WP (C) No. 661 of 2018
4. Let these matters be listed after two weeks.
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