REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 4235 OF 2014 Board of Control for Cricket .....APPELLANTS in India and Ors.

Versus Cricket Association of Bihar & Ors. .....RESPONDENTS With CIVIL APPEAL No. 4236 OF 2014 W ith CIVIL APPEAL No. 1155 OF 2015 With WRIT PETITION (CIVIL) No. 46 OF 2017 Signature Not Verified Digitally signed by CHETAN KUMAR Date: 2018.08.09 Reason:

With CONTEMPT PETITION (CIVIL) No. 47 OF 2017 In CIVIL APPEAL No. 4235 OF 2014 With WRIT PETITION (CIVIL) No. 287 OF 2017 With CONTEMPT PETITION (CIVIL) No. 959 OF 2017 In CIVIL APPEAL No. 1155 OF 2015 With CONTEMPT PETITION (CIVIL) No. 1835 OF 2017 In CIVIL APPEAL No. 4235 OF 2014

J U D G M E N T

Dr D Y CHANDRACHUD, J

1 While pronouncing its judgment on 18 July 2016 in Board of Control for Cricket in India v Cricket Association of Bihar, [1(2015) 3 SCC 251], this Court accepted the reforms in the administration of cricket proposed by a Committee chaired by Justice RM Lodha, [2Abbreviated in this judgment as the Lodha Committee]. The review petition has been dismissed. On 2 January 2017, this Court directed that a Committee of Administrators, [3Abbreviated as CoA] shall supervise the administration of BCCI through its Chief Executive Officer. The CoA was constituted on 17 January 2017. On 24 July 2017, this Court directed that except for certain outstanding issues which were identified, the recommendations of the Lodha Committee must be implemented:

“...(c) All concerned shall implement the recommendations of the Justice Lodha Committee Report as far as practicable, barring the issues which have been raised pertaining to membership, number of members of the selection committee, concept of associate membership, etc. The purpose is to implement the report as far as practicable and, thereafter, it shall be debated as to how the scheme of things can be considered so that the cricket, the ‘gentleman’s game’, remains nearly perfect. Be it noted, the issue with regard to disqualification or qualification of the representative is kept open.” (Emphasis supplied)

On 23 August 2017, the CoA was entrusted to prepare a draft constitution in accordance with the judgment rendered on 18 July 2016 and the order dated 24 July 2017. Modalities were evolved by this Court to consider the concerns of stakeholders by ensuring that the draft constitution is duly circulated between all the counsel so that their suggestions could be evaluated. This Court observed :

“we…direct the Committee of Administrators to prepare a draft Constitution in terms of the main judgment as well as the order dated 24^th July, 2017. A copy of the draft Constitution shall be handed over to Advocate-on-Record assisting the learned counsel for the respondents. A copy of the draft Constitution be also handed over to Mr. B.K. Prasad, learned counsel assisting Mr. Ranjit Kumar, learned Solicitor General . Suggestions, if any, to the draft Constitution be handed over to the learned counsel assisting the learned Amicus Curiae and Mr. Parag P. Tripathi so that they can prepare a chart and will be in a position to give their comments.

...

On the next date of hearing, besides the three aspects that have been mentioned in the order dated 24^th July, 2017, any aspect which is sought to be raised by the Association can be raised. But, it is to be impressed that the suggestion must have acceptable sanctity. It should not be raised for the sake of raising an objection.” (Emphasis supplied)

2 On 21 September 2017, the CoA made a grievance that quite apart from the fact that no suggestions were received, a concerted effort was made by the office bearers of BCCI not to abide by the judgment of the Court. Hence, on 21 September 2017, the Court while recording the above submission extended another opportunity to receive suggestions to the draft constitution :

“In the course of hearing, it is submitted by Mr. Parag P. Tripathi, learned senior counsel appearing for the Committee of Administrators tha