Board Of Control For Cricket And Others v. Cricket Association Of Bihar And Others, Supreme Court Of India, Judgment, Law, casemine.com

Citation Codes

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Case Number

[Cited Order], (Record of Proceedings)

Disposition

Attorney(S)

Tushar Mehta, Additional Solicitor General, Gopal Subramanium (Amicus Curiae), Parag P. Tripathi, Chandra Uday Singh, Ranjit Kumar, Gopal Jain, P.R. Raman, Ajit Kr. Sinha, K.V. Viswanathan, Puneet Bali, P.R. Raman, S. Guru Krishna Kumar, Sanjeev Sen, Rana Mukherjee and Ravindra Srivastava, Senior Advocates [Ankur Kashyap, Vivek Raja, Ms Gauri Rasgotra, Indranil Deshmukh, Adarsh Saxena, Raunak Dhillon, Vikash Kumar Jha, Rishi Gautam, Kunal Bahri, Rishav Kapur, Siddhant Sharma (for M/s Cyril Amarchand Mangaldas) (Advocate-on-Record), Senthil Jagadeesan (Advocate-on-Record), Amol Chitale, Nirnimesh Dube (Advocate-on-Record), Abhishek Singh (Advocate-on-Record), Gagan Gupta (Advocate-on-Record), Rajat Sehgal, Vikas Mehta (Advocate-on-Record), Ms Vandana Anand, Chandrashekhar Verma, Mithun, Pai Amit, Venkita Subramoniam T.R. (Advocate-on-Record), Rahat Bansal, Anish R. Shah, Ms Pankhuri Bhardwaj, Nitesh Ranjan, M.P. Vinod (Advocate-on-Record), Yadunandan Bansal, Reepak Kansal, Pratik R. Bombarde (Advocate-on-Record), Rauf Rahim (Advocate-on-Record), K.K. Mohan (Advocate-on-Record), Ajay Veer Singh Jain, Ms Mamta Jain, Uday Ram Bokadia, Rakesh Kumar Khare, Ms Divya Garg, Sonal Jain, Ranjith K.C., Abhilash K.N., V.K. Biju (Advocate-on-Record), Siddharth Garg, Snehasish Mukherjee (Advocate-on-Record), R. Balasubramanian, Prabhas Bajaj, Ms Aarti Sharma, Akshay Amritanshu, A.K. Sharma, M.K. Maroria (Advocate-on-Record), Gunjan Rishi, Aditya Soni, Shree Pal Singh (Advocate-on-Record), Sarvesh Singh (Advocate-on-Record), Santosh Mishra (Advocate-on-Record), Santosh Kumar-I (Advocate-on-Record), Ritesh Kumar Chowdhary (Advocate-on-Record), Ms Rashmi Singh (Advocate-on-Record), Rameshwar Prasad Goyal (Advocate-on-Record), Rajiv Nanda (Advocate-on-Record), Raghavendra S. Srivatsa (Advocate-on-Record), R. Chandrachud (Advocate-on-Record), Ms Nitin Thukral, Praveen Swarup (Advocate-on-Record), Ms Pragya Baghel (Advocate-on-Record), Mukesh Kumar Maroria (Advocate-on-Record), Ms Manju Sharma (Advocate-on-Record), Ragenth Basant, Ms Liz Mathew (Advocate-on-Record), Ashwin Shankar, Ms Neela Gokhale, Ms Kamakshi S. Mehlwal (Advocate-on-Record), Gaurav Sharma (Advocate-on-Record), E.C. Agrawala (Advocate-on-Record), Rahul Mehta, Ms Neha Sangwan, Ms Sanjana Nangia, Chirag M. Shroff (Advocate-on-Record), Azim H. Laskar, Bikash Kar Gupta, Sachin Das, Chandra Bhushan Prasad (Advocate-on-Record), Ms Bina Gupta (Advocate-on-Record), Balaji Srinivasan (Advocate-on-Record), Abhishek Bharti, Ms Vaishnavi Subrahmanyam, Ms Pratiksha Mishra, Ms Pallavi Sengupta, Ms Garima Jain, Anshuman Ashok (Advocate-on-Record), Anish R. Shah (Advocate-on-Record), A.S. Bhasme (Advocate-on-Record), Ms Sonia Mathur (Advocate-on-Record), S. Hariharan, Pai Amit (Advocate-on-Record), Tarun Gupta (Advocate-on-Record), Nikhil Nayyar (Advocate-on-Record), Ninad Laud, Jayant Mohan (Advocate-on-Record), Anjuman Tripathy, Aditya Pratap Swain, Gajendra Singh Negi, Deeptakirti Verma (Advocate-on-Record), Rabin Majumder (Advocate-on-Record), Pragyan Sharma, Shikhar Garg, Chandan Gosawmi, P.V. Yogeswaran (Advocate-on-Record), M.P. Devanath (Advocate-on-Record), Aditya Verma (Advocate-on-Record), Tribikram Meelee, Vikas Singh Jangra (Advocate-on-Record), Ms Tamali Wad (Advocate-on-Record), Rahul Pratap (Advocate-on-Record), M. Yogesh Kanna (Advocate-on-Record), Ms Sujatha Bagadhi, M/s Cyril Amarchand Mangaldas (Advocate-on-Record), Shreekant N. Terdal (Advocate-on-Record), Keshav Mohan, Piyush Choudhary, Gaurav Kejriwal (Advocate-on-Record), Hrishikesh Baruah (Advocate-on-Record), Hement Phalpher, Sudhir Mishra, Sridhar Potaraju, Ms P. Chandhok, Prabhat Kumar, Ms Ankita Sharma, Gaichangpou Gangmei (Advocate-on-Record), Ms Aruna Mathur, Avneesh Arputham, Ms Anuradha Arputham (for M/s Arputham Aruna & Co.) (Advocate-on-Record), Advocates] for the appearing parties.

Judges

Dipak Misra, C.J.
A.M. Khanwilkar
Dr D.Y. Chandrachud, JJ.

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Smart Summary

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.

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Board Of Control For Cricket And Others v. Cricket Association Of Bihar And Others

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.

Board Of Control For Cricket And Others v. Cricket Association Of Bihar And Others

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

Board Of Control For Cricket And Others v. Cricket Association Of Bihar And Others

Comments