JUDGEMENT
T.S.THAKUR, J. -
(1.) LEAVE granted.
(2.) ALLEGATIONS of sporting frauds like match fixing and betting have for the past few years cast a cloud over the working of the Board of Cricket
Control in India (BCCI). Cricket being more than just a sport for
millions in this part of the world, accusations of malpractices and
conflict of interests against those who not only hold positions of
influence in the BCCI but also own franchises and teams competing in the
IPL format have left many a cricketing enthusiasts and followers of the
game worried and deeply suspicious about what goes on in the name of the
game. There is no denying the fact that lower the threshold of tolerance
for any wrong doing higher is the expectation of the people, from the
system. And cricket being not only a passion but a great unifying force
in this country, a zero tolerance approach towards any wrong doing alone
can satisfy the cry for cleansing.
(3.) THESE appeals arise out of two successive writ petitions filed in public interest by the appellant -Cricket Association of Bihar before the
High Court of Bombay for several reliefs including a writ in the nature
of mandamus directing BCCI to recall its order constituting a probe panel
comprising two retired Judges of Madras High Court to enquire into the
allegations of betting and spot fixing in the Indian Premier League (IPL)
made among others against one Gurunath Meiyappan. The High Court has by
its order dated 30th July, 2013 passed in PIL No.55 of 2013 granted that
relief but declined a possible reconstitution of the panel. Aggrieved,
BCCI has assailed the order passed by the High Court in Civil Appeal
No.4235 of 2014. In the connected Civil Appeal No.4236 of 2014, Cricket
Association of Bihar has prayed for further and consequential orders
which according to the appellant could and indeed ought to have been
passed by the High Court, inter alia, for removal of respondent No.2 from
the post of President of BCCI and cancellation of the franchise favouring
Chennai Super Kings and Rajasthan Royals for the IPL matches to be
conducted in future. In Civil appeal arising out of SLP (C) No.34228 of
2014 the association challenges the validity of Regulation 6.2.4 of the BCCI Regulations for Players, Team Officials, Managers, Umpires &
Administrators (for short 'BCCI Regulations') and the order passed by the
High Court dismissing PIL No.107 of 2013.
Cricket Association of Bihar is a society registered under the Societies Registration Act, 1860 just as respondent - BCCI is a Society
registered under the provisions of Tamil Nadu Registration of Societies
Act 1975. Mr. N.Srinivisan - respondent No. 2 in Civil Appeal No.4236 of
2014 is the President of the Board besides being the Vice -Chairman and Managing Director of respondent No.3 -India Cements Limited, a public
Limited Company.;
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