The Court held that the proposed amendments to the Articles of Association of DDCA, as mandated by the Supreme Court in the BCCI judgment and the judgment of the High Court of Delhi, were valid and should be incorporated.

S. RAVINDRA BHAT, J.

1. This judgment will dispose of several pending applications, particularly those concerned with implementation of the Lodha Committee recommendations, further interpreted by this Court, in its judgment dated 30.01.2017, in these proceedings. Some members claiming to be aggrieved approached the Supreme Court. The Court did not interfere with the judgment; on the contrary, it permitted the convening of the meeting of the General Body of the Delhi District Cricket Association (“DDCA”) for the purpose of carrying out consequential amendments to the Articles of Association of DDCA, pursuant to the judgment of this Court, and the judgment of the Supreme Court in Board of Control for Cricket v. Cricket Association of Bihar 2016 (8) SCC 535 (hereafter “BCCI judgment”).

2. After a round of objections about the elections and the modalities of voting, etc were considered by this Court, and dealt with in two previous orders, the Administrator appointed by this Court (Justice Vikramajit Sen) held the meeting in which the members accepted several amendments directed in the BCCI judgment and some amendments directed by the judgment of this Court. The other amendments and changes, directed by the BCCI judgment and additionally, by this Court, in the light of its reasoning in its main judgment, were rejected.

3. In this view of the matter, the Supreme Court on 15.11.2017 had recorded as follows, in the pending special leave petitions before it:

“ORDER

It is submitted by Mr. Rana Mukhejee, learned senior counsel for the Administrator that the draft Constitution on the basis of Justice Lodha Committee Report has been filed before the High Court.

Mr. Datar, learned senior counsel appearing for the petitioner shall obtain instructions as to whether the draft Constitution has already been filed before the High Court or not. In case the draft Constitution has been filed, this Court may think it appropriate to ask the High Court to deal with the same in the backdrop of Justice Lodha Committee Report.

Matter be listed on Tuesday, the 28th November 2017.”

On 28.11.2017, the Supreme Court, in its order, directed as follows:

“ORDER

We have been apprised in the course of hearing that the draft Constitution has been filed before the High Court. The High Court is required to deal with the same in the backdrop of Justice Lodha Committee's recommendations, within eight weeks hence.

We may also note that Mr. Vikas Singh, learned senior counsel, appearing for the petitioner, after obtaining instructions, clearly states that they will be bound by Justice Lodha Committee's recommendations, irrespective of the voting to expedite the election.

However, keeping in view the aforesaid submission of Mr. Vikas Singh, we direct not only the petitioner, but all the members to abide by the recommendations of Justice Lodha Committee's recommendations, so that the High Court will be in a position to finalize the draft Constitution and the elections can be held.

List the matter after eight weeks.”

4. Mainly, the objections to the directions (to amend the Articles of Association) of this Court are in respect of two types. The first are objections relating to amendments that are consequent to the BCCI judgment - they are set out in Table I; Table-II relates to amendments consequent to directions of this Court in its judgment of 30.01.2017. The status of the existing and the proposed articles pursuant to the BCCI judgment, rejected by the EGM, is set out in the following tabular chart:

TABLE I PROPOSED AMENDMENTS TO THE ARTICLES OF ASSOCIATION MANDATED BY THE SUPREME COURT IN BCCI judgment PUT TO VOTE BY MEMBERS AND REJECTED IN THE EGM DATED 15TH SEPTEMBER 2017