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1. The Petitioners are affiliated clubs registered under the Societies Registration Act, 1860, working for the development of the sport of Cricket in Delhi NCR. They have invoked the jurisdiction of this Court for securing membership with voting rights to affiliated/institutional clubs with Delhi & District Cricket Association (DDCA)/Respondent No. 1. Additionally, they seek a direction to DDCA to form a Sports Working Committee as directed by this Court in “Delhi & District Cricket Association vs. Municipal Corporation of Delhi”1 in W.P (C) 7215/2011 decided on 30th January, 1“DDCAv.MCD”

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2017.

2. The factual background leading to the initiation of the present proceedings is as follows:

2.1 The Supreme Court in CA No. 4235/2014 titled as “Board of Control for Cricket in India v. Cricket Association of Bihar & Ors.”,2 vide order dated 22nd January 2015, set up the Justice Lodha Committee to recommend reforms in the practices and procedures of the BCCI, and suggest amendments in their Memorandum of Association and Rules & Regulations. Accordingly, Justice Lodha Committee submitted its recommendations titled as “Report of the Supreme Court Committee on Reforms in Cricket” dated 30th January, 2017. The Supreme Court, considering the said report, vide order dated 18th July, 2016 directed the BCCI to implement the recommendations thereof.

2.2 Thereafter, this Court in DDCA v. MCD, W.P.(C) No. 7215/2011, through orders dated 30th January, 2017 and 23rd March, 2018, directed DDCA to amend its Articles of Association,3 in terms of the amendments proposed in the BCCI Case as well as in compliance with the Companies Act.

2.3 The Supreme Court, in the BCCI Case, vide final order dated 9th August, 2018, approved the Draft Constitution of the BCCI submitted by the Committee of Administrators.4 The Court, through the said order, directed State Associations, including the DDCA to amend their respective Constitutions in terms of Justice Lodha Committee Report.

2.4 In light of the said judgement, Petitioner No. 2 made a representation dated 18th September, 2018 to the President of DDCA, requesting for the

2“BCCICase”

3“AoA” 4“COA”

W.P.(C)5282/2024 Page2of11 inclusion of voting rights for affiliated/institutional clubs, within DDCA’s amended constitution.

2.5 DDCA amended its AoA as per the Justice Lodha Committee Report. However, the amended constitution did not accede to the Petitioner’s request for inclusion of voting rights, as noted in the 10th Status Report of the COA dated 28th October, 2019.

2.6 The COA issued directions dated 13th August 2019, recommending all State Cricket Associations to adopt an inclusionary approach towards granting membership to affiliated clubs in their amended constitutions. Subsequently, the COA filed its 11th Status Report dated 14th October, 2019, approving DDCA’s amended constitution.

2.7 However, being aggrieved by the non-inclusion of voting rights for affiliated clubs in DDCA’s amended Constitution, the Petitioners filed I.A. bearing No. 72928/2019 before the Supreme Court. The Court, vide order dated 8th January, 2024, disposed the said I.A., granting Petitioners the liberty to pursue remedies in accordance with law.

3. In light of the foregoing factual background, the Petitioners have filed the instant writ petition, praying for membership with voting rights with the DDCA.

4. At the outset, Mr. Rajiv Nayar and Mr. Sandeep Sethi, Senior Counsel for the DDCA, object to the maintainability of the present petition on the ground that the Petitioners have no locus standi to seek membership with DDCA. In addition, they urge that DDCA is a private company incorporated under Section 8 of the Companies Act, 2013. Therefore, the Petitioners have the remedy to apply before the National Company Law Tribunal (NCLT) under Section 241(1) read with Section 244 of the Companies Act. They contend that in light of the availability of the said alternate remedy, the W.P.(C)5282/2024 Page3of11