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Railways, armed forces & varsities seeks recall of BCCI judgement

Attorney General Mukul Rohatgi, Appearing For Them, Told A Bench Headed By Justice Dipak Misra That As A Result Of The Lodha Panel’s Recommendations, Their Membership In BCCI Has Been “downgraded' From Permanent To Associate Status.

PTI | Updated on: 20 Jan 2017, 09:16:50 PM

New Delhi:

In a fresh development, Railways, armed forces and Association of Universities moved the Supreme Court seeking recall of its judgement on implementation of Justice R M Lodha panel recommendations advocating sweeping reforms in BCCI.

Attorney General Mukul Rohatgi, appearing for them, told a bench headed by Justice Dipak Misra that as a result of the Lodha panel’s recommendations, their membership in BCCI has been “downgraded” from permanent to associate status.

The top law officer said all the three bodies have been “integral constituents” of BCCI and have been promoting cricket and employing cricketers.

“Railways, armed forces, Associations of Universities, are three members of BCCI’s which has 30 full-time members. They have had voting rights in the last 50 years, have bodies in cricket, give jobs, have stadiums, but now have been downgraded. My status as a full-time member has been taken away.

“We have no love for BCCI but larger questions must be addressed and debated by a larger bench. There has been a change in the electoral college. How could the court downgrade our full membership in BCCI without even issuing notice to us,” he said and cited a judgement in the A R Antulay case in which the court had revisited its earlier verdict.

Rohatgi said the Lodha panel was primarily formed to probe IPL spot-fixing issue and later the scope got widened to the extent that it is now participating in day-to-day affairs of the BCCI.

He referred to the inapplicability of certain suggestions of the panel and gave an illustration of DDCA, saying it is a company and how can it be governed by regulations when there is a specific (company) law to deal with it.

Detailing the facts, he said the BCCI was a private society under the Tamil Nadu Societies Registration Act and Railways, Armed Services and Association of Universities were its permanent members.

“The issue which needs to be examined is whether an interim application can be filed in a parent judgment. We will not shy away from legal issues,” the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said while posting the matter for hearing on January 24.

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First Published : 20 Jan 2017, 09:12:00 PM

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General Mukul Rohatgi