Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sports: BCCI |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Sports: BCCI – Interim application filed by BCCI seeking the leave of this Court to give effect to certain amendments in their Constitution – Held: With regard to amendment in Clause 6(4) of the existing Constitution which contains the stipulation that an office bearer who has held any post for two consecutive terms either in a state association or in the BCCI or a combination of both shall not be eligible to contest any further election without completing a cooling off period of three years – BCCI seeking the requirement of a cooling off period to confine only to the posts of President and Secretary – The amicus curiae proposed a bifurcation of the existing provision by introducing similar requirements of cooling off periods both at the level of the BCCI and in the state associations – The purpose for which the cooling off period was introduced, would not be diluted by the proposed amendment, subject to the stipulations suggested by the amicus curiae – The proposed stipulation that the cooling off period comes into effect after two consecutive terms at the same level namely, at the state associations or the BCCI does not abrogate the purpose of a cooling off period – Hence, the suggestions stipulated by amicus curia accepted – With regard to amendment in Clause 6(5) which states the grounds of disqualification from being an office bearer, a member of the governing council or any Committee or a representative to the International Cricket Council or any similar organization – The stipulation that the disqualification should attach on a conviction of an offence was accepted – However, the further condition that a disqualification would follow upon a sentence of imprisonment of three years or more not accepted – Certain other amendments were sought on the basis of above amendments, hence, accepted. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 963 |
Petitioner | The Board Of Control For Cricket In India |
Respondent | Cricket Association Of Bihar & Ors |
SCR | [2022] 14 S.C.R. 519 |
Judgement Date | 2022-09-14 |
Case Number | 4235 |
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