The Supreme Court in the case BCCI v. Cricket Association of Bihar And Ors observed in a plea assailing the outcome of the elections of the Bihar Cricket Board that took place on 25.09.2022, the Top Court has granted liberty to the petitioner to approach the appropriate forum to seek remedy. It was noted by the court that it is not proper for the Apex Court to consider disputed questions in the present proceedings.
The court is of considered view that any challenge to the elections which has taken place can be pursued by adopting suitable remedies as are open in law. It is nor proper neither appropriate for this Court to enter into a disputed question by entertaining an Interlocutory Application for reliefs in these proceedings.
It has been clarified by the Apex Court that it does not think it fit to pursue the exercise of contempt jurisdiction.
The Electoral Officer would be at liberty to notify the results and the results of the AGM may be duly published, in view of the disposal of these proceedings.
The bench comprising of Justice D.Y. Chandrachud and Justice Hima Kohli observed and has granted liberty to the Electoral Officer to notify the results and to publish the results of the Annual General Meeting held on 25.09.2022.
However, Mr. Anupam Lal Das, Senior Advocate appearing on behalf of the applicant contended that the electoral college for the Bihar Cricket Board election was altered and the Constitution of the Bihar Cricket Board was amended without the approval of the Apex Court. Mr. ANS Nadkarni, Senior Advocate appearing on behalf of the Bihar Cricket Association, it was argued that an application has been filed seeking the leave to implement the proposed amendments and the elections have taken place on the basis of the unamended Constitution.
It was raised allegations by Mr. Das that an Electoral Officer was summoned from Goa in violation of the unamended Constitution of the Bihar Cricket Association, which requires the Electoral Officer to be from the State of Bihar. It was assailed by him that the alteration of the definition of the expression ‘full member’, which he argued was a ploy to include District Associations and local clubs. Also, it was argued that the candidates who contested for the post of President, Secretary and Treasurer were not named in the draft or final electoral roll.
A communication was sent by the Electoral Officer on 22.09.2022., it was stated that six candidates were elected unopposed to the posts of President, Vice President, Secretary, Joint Secretary, Treasurer and Counsellor (the District Representative) of the Bihar Cricket Association. On 25.09.2022, the Annual General Meeting of the Association took place. It has been allowed by the Apex Court to AGM to take place on the scheduled date, but asked the Association to place the result before it in a sealed cover. Before the Apex Court, the report has been filled by the Apex Court suggesting that the election process commenced on 28.08.2022.
Thus, nominations were called from Full District/Members Cricket Associations between 12th September and 14th September, 2022 for nominating their representatives to the electoral roll. Out of 41 nominations, 32 names were found a place in the final electoral roll. Further, nine nominations were received for filing up six posts of the Committee of Management of the Bihar Cricket Association and the election results were notified on the basis that six candidates were being elected to the concerned posts
unopposed.
