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, 2015 3 SCC 251, this Court accepted the reforms in the administration of cricket proposed by a Committee chaired by Justice RM Lodha, (Abbreviated 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(Abbreviated 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." 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 24th 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 24th 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."
(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 that though a draft constitution was handed over to the office bearers of B.C.C.I. and also to all concerned, no suggestion has been received and a concerted attempt has been adopted by the office bearers of B.C.C.I. not to follow the judgment of this Court. We may hasten to add that in our previous order dated 24th July, 2017, we have clearly indicated that three to four aspects shall be debated. The suggestions in that regard can be given to Mr. Parag P. Tripathi, learned senior counsel appearing for the Committee of Administrators, Needless to emphasize, Mr. C.K. Khanna, Mr. Anirudh Chaudhry and Mr. Amitabh Choudhary, Office Bearers of B.C.C.I. shall fully cooperate while giving the suggestions. If the aforesaid three Office Bearers do not give suggestions in accordance with the judgment of this Court which has accepted the Justice Lodha Committee report, they shall face serious consequences. The draft constitution shall include the suggestions given by Justice Lodha Committee in its entirety so that a holistic document comes before this Court. After the document is placed before the Court, the claims of Railways. Universities and Services and the other cricket Associations, who are of the view that concept of 'one State one vote' should not be applicable keeping in view their contribution to the game of cricket, shall be considered. The suggestions, shall be given within three weeks hence. For the purpose of drafting out the constitution after taking note of the suggestions, to make it final for the purpose of approval by this Court, the Office Bearers of B.C.C.I shall not hold a General Body Meeting."
(3.) On 27 October 2017, the CoA filed a draft constitution for BCCI and its office bearers. Suggestions to the draft received from state cricket associations and other parties were filed by the CoA together with comments on the proposed suggestions, in a status report dated 12 January 2018. On 1 May 2018, this Court noted that suggestions to the draft constitution have been filed and would be finalized by the Court. In the interest of fairness, it was however observed that any further suggestions that a state cricket association may have, could still be forwarded to the amicus. Accordingly, the following directions were issued : "A draft Constitution meant for the B.C.C.I. and its Office Bearers has been filed on 27.10.2017. Suggestions to the same by various State Cricket Associations have also been filed and the same have been attached to the draft Constitution. The draft Constitution shall be finalized by this Court. In the meantime, if any State Cricket Association intends to file any further suggestion, they may submit the same in bullet points to Mr. Gopal Subramanium, learned Amicus Curiae, who shall compile the suggestions and file it before this Court within three days. It is hereby made clear that the draft Constitution approved by this Court shall not be debated upon and shall stand finalized, only subject to the determination made in the application(s) for recall of the primary judgment, pending adjudication before this Court. Let the matter be listed on 11.5.2018.";