While not passing any order of stay, the Supreme Court bench headed by Chief Justice Dipak Misra on Tuesday (May 1) opined that eastern states should also have a say and that it was imperative that elections be held and Bihar cricket association be back on board and its players back on the field to play Ranji Trophy for their state.

The court has accepted the recommendations made by the Committee of Administrators (CoA) of the Board of Control for Cricket in India (BCCI). The CoA had given a report recommending reforms in the structure, organization and working of BCCI. Such an exercise is necessary in order to make the functioning of the BCCI transparent, objective and accountable to the trust with which it is impressed, as a body which presides over the affairs of a sport which has millions of followers.

The court had, by its judgment, expressed the hope that the process of implementing its directions would be completed within a period of four months or, at best six months. The status report submitted by the Committee recorded that the directions of this Court were ignored, actions were taken by BCCI to present a fait accompli to the Committee and the directives issued by the Committee were breached. The Committee observed that BCCI has repeatedly taken steps to undermine its authority and this Court with several statements and actions which “are grossly out of order and would even constitute contempt”. The BCCI in India was not “State” within the meaning of Article 12, it was amenable to the writ jurisdiction of the Court under Article 226 of the Constitution of India as it was discharging important public functions.

Today senior counsel Gopal Subramaniam, amicus in this case, talked about the Cricket Association of Bihar. The prayer is that cricket association of Bihar should be allowed to participate in Ranji Trophy.

Counsel on behalf of cricket association of Bihar submitted that it is unfortunate that the third-most populous state has not played a single match. Players of Bihar are forced to participate from other states.

The counsel on behalf of Bihar association submits that now-a-days cricket is considered as a profession so this matter cannot be taken lightly.

He further submits that the recommendations of the Lodha Committee must be applicable.

Subramaniam submits that Bihar should be given full status. As far as Bihar is considered full assurance is given to the state that their request will be consistent. Democratic election should take place. He submits that amicus has no personal interest in this matter.

The amicus has no personal interest in this case and he doesn’t lie, submits Gopal Subramaniam when ASG Tushar Mehta interjected his submissions.

Today we have draft constitution.

There are two reports and the election is scheduled tomorrow. Prayers are:

There should be an injunction. Office bearers in BCCI and officer bearers are continuing their tenure beyond the assigned time. There are 8 status reports of the committee.

ASG Tushar Mehta representing the Mumbai cricket association, submits a chart which elaborates on how the recommendations of the Lodha committee was applied and the changes in the draft constitution. The draft constitution has to be finalised by the court.

Stay is another thing, first present the draft constitution, says CJI.

—India Legal Bureau