A writ under Article 226 is maintainable against the BCCI, and internal disputes within the BCA should be addressed by the BCCI Ombudsman.

JUDGMENT :

PARTHA SARTHY, J.

Heard learned counsel for the appellants and learned counsel for the respondents.

2. The instant appeal has been preferred by the appellants against the judgment dated 5.8.2024 passed in CWJC no.13405 of 2021 whereby the learned Single Judge taking note of the fact that the two retired District Judges namely Nawal Kishore Singh (appellant in LPA no.840 of 2024) and Paras Nath Roy, both continued to discharge function as Ombudsman, in exercise of powers under Article 226 of the Constitution of India, restrained both from functioning as Ombudsman and proceeded to appoint Hon’ble Shailesh Kumar Sinha, J (retired) as Ombudsman with the observation that the new Ombudsman will decide all the complaints made against the office bearers of the Bihar Cricket Association (‘BCA’ in short) in accordance with the bylaws of the BCA and he will also examine the complaints and decide the same in accordance with the rules and regulations of the BCA.

3. It is against this judgment dated 5.8.2024 that both Nawal Kishore Singh and the BCA through its Secretary, Ziaul Arefin have preferred the instant appeals.

4. The case of the writ petitioner/Secretary of the Cricket Association of Bihar (‘CAB’ in short) in brief is that the CAB is an association registered under the Societies Registration Act, 1860 with the objective of working towards the development and growth of the game of cricket in the State of Bihar. The Board of Control for Cricket in India (‘BCCI in short) is a body registered under the Tamil Nadu Societies Registration Act, 1975 with its memorandum of association and rules and regulations having been registered under the Societies Registration Act.

5. It was the case of the writ petitioners that though the object and purpose of BCCI is to encourage formation of State, regional and other Cricket Associations for promotion and development of the game, however there has been a complete failure on part of the BCCI in achieving its objectives in the State of Bihar.

6. The order dated 2.1.2017 passed in Civil Appeal no.4235 of 2014 by the Supreme Court led to appointment of the Committee of Administrators (‘CoA’ in short), which was to supervise the administration of the BCCI through its Chief Executive Officer. The Committee was constituted on 17.1.2017 and they were entrusted with the responsibility to prepare a draft Constitution in accordance with the Supreme Court Judgment in the case of Board of Control for Cricket in India vs. Cricket Association of Bihar; (2015) 3 SCC 251 . The CoA prepared a draft Constitution and submitted the same. The Supreme Court by its order dated 9.8.2018 approved the same and further directed that upon presentation of the same by the CEO, the Registrar of Societies under the Tamil Nadu Societies Registration Act shall register the same and each of the members shall undertake registration of their respective Constitutions on similar lines within a period of 30 days thereafter. It further observed that in the event of any of the State Associations not undertaking compliance with the directions contained therein, the orders dated 7.10.2016 and 21.10.2016 shall revive.

7. It may be mentioned here that by order dated 7.10.2016 in Civil Appeal no.4235 of 2014 (BCCI vs. Cricket Association of Bihar), the Supreme Court had directed that in terms of the resolution of the Annual General body Meeting (‘AGM’ in short) of the BCCI passed on 9.11.2015 or subsequent resolution, no further amount was to be disbursed to the State Associations till the State Association passes a proper resolution to the effect that it is agreeable to undertake and to support the reforms as proposed and accepted by the Court. It was only upon the resolution being passed and a copy of the same being filed before the Justice Lodha Committee with an affidavit of the President, State Association undertaking to abide by the reforms as proposed by the Committee that the BCCI was to transfer the balance amount of Rs.16.73 crores