HC dismisses PIL against BCCI

Observing that there is no case put forth before it that the current BCCI President does not enjoy the General Council’s mandate, the Madras High Court today dismissed a PIL seeking a direction to restrain BCCI and Shashank Manohar from making any adverse change which will reduce the Board’s revenue share from International Cricket Council. The PIL was filed by former CBI Director R K Raghavan and seven others.

After hearing elaborate arguments by Vijaynarayan, senior counsel for Raghavan, the First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh, dismissed the PIL.

The court observed that it fails to understand how can it expect BCCI to call a meeting of all cricket enthusiasts in a large auditorium and hold discussions as to how BCCI should work.

“The society works through its elected representatives.  The members, in turn, elect those who have to represent the society and their power of the management cannot be curtailed by anyone and everyone wanting to interfere in the same. We do believe this is not a matter where this court should interfere and more so, in exercise of a public interest litigation jurisdiction,” the bench said and dismissed the PIL .

The petitioners had sought a direction to forbear BCCI chief Shashank Manohar and BCCI from agreeing to receive any amount lower than the agreed contribution costs as per Member Participation Agreement for the broadcast Cycle for 2015-2023 and 2024-2031 for the participation of the Indian Cricket Team in matches and events conducted by International Cricket Council.

According to the petitioners, a statement was issued by the President of BCCI that changes in the revenue-sharing model were contemplated.

The petitioners submitted that BCCI, which is entitled to 21 per cent of gross revenue of ICC for the cycle broadcast 2015-23, will be receiving at least Rs 1,000 crore less due to Manohars “unilateral offer” of a six per cent cut in the revenue-sharing.

They said they filed the petition based on newspaper reports and details furnished by Tamil Nadu Cricket Association (TNCA), a member of BCCI.