Sports – Cricket – Cricket Associations – Applicability of the judgments in S.Nithya to the cricket associations – Respondent no.2-ex-office bearer of the appellant-association filed writ petition seeking directions that the appellant should conduct a free and fair election after preparation of a fresh voters list and impugned the decisions taken by appellant associations in not complying with the norms as laid down by the High Court in previous judgments in S.Nithya v. Union of India and Secretary; Tamil Nadu Olympics Association v. S. Nithya (‘S. Nithya’) directing that every state sport federation will comply with the direction regarding mandatory presence of eminent sport person in the federation – Writ petition allowed relying upon the judgments in S.Nithya observing that directions in Nithya’s case in respect of all sports organisations/clubs/associations ought to be strictly adhered to – Challenge to: Held: Petition in S.Nithya was only concerned with reforms in athletics governance and championships – Judgments in S. Nithya are not applicable to the factual conspectus of the present case – When the judgment in S. Nithya was delivered, the judgment in BCCI was already holding the field with the Constitution of BCCI having received the stamp of approval by this Court – There being no prescription or direction in the BCCI judgments on 75% membership in an association to be filled by eminent sports persons, coupled with no such direction providing that the qualification to be member of district association will be concomitant on a person being an eminent sportsperson, the directions in S. Nithya would not be applicable to the fact of the present case concerning sport of cricket – Judgment of the High Court set aside to the extent indicated. [Paras 15, 26]
Sports – Cricket – Cricket Associations – Functioning of the appellant-District Cricket Association in the existing legal regime – Applicability of BCCI Constitution to the AppellantAssociation – Plea of the respondents that the appellant must amend its Constitution in conformity with the Constitution of the BCCI:
Held: The judgment in BCCI does not warrant District Associations to model their regulations and bye-laws on exact lines of the BCCI Constitution – No judgment or document was brought on record to demonstrate any understanding across the cricketing associations at the District Level to make their Constitution on exact lines as of the BCCI, nor any judgment which directs such a prescription – Impugned order, which directs the appellant association, also does not place reliance on BCCI per se, but rather on the judgment in S. Nithya which is distinguishable – Thus, the argument that the appellant must be asked to restructure its functioning and laws in terms of the BCCI Constitution, not accepted. [Para 20] Sports – Cricket – Cricket Associations – Reformative measures – Necessary for State Association to initiate reforms to ensure that District Associations operate as professional, transparent, and in the best interests of the sport: Held: Though enforcement of reform as contemplated in the BCCI judgment cannot be done through judicial review, it is open, rather necessary, for the State Association to initiate reforms to ensure that District Associations operate as professional, transparent, and in the best interests of the sport – Such reforms may include transparency in the selection of players and also the execution of contracts – In fact, District Associations must volunteer to adopt reformative measures such as good governance, refined management, transparency, and the exclusion of conflicts of interest. [Paras 21, 22]
Tamil Nadu Societies Registration Act, 1975 – Election of the appellant-association – Issues concerning membership and composition of the appellant pending before High Court and the statutory authority:
Held: Such questions to be resolved as expeditiously as possible – Judgment and order of the High Court set aside to the extent indicated – High Court to dispose of the writ appeal(s) as expeditiously as possible in order to enable the statutory authorities to complete the enquiry, if necessary, and arrive at its logical conclusion, so that the election of the appellant can be conducted at the earliest. [Para 26]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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