Document Fragment View

Matching Fragments

Furthermore, barely 5% of its 4600 members are cricketers, majority of whom are not interested in the game; there is overwhelming public interest in ensuring that the body functions in a transparent manner, accountable to the people at large and especially to the cricketing public.

17. Mr. Mehra urged that the Mudgal Committee recommendations with respect to abolition of proxy voting and all other recommendations that have been endorsed by the Supreme Court in the Board of Control for Cricket v Cricket Association of Bihar 2016 (8) SCC 535 to say that tenure restrictions, abolition of proxy voting and the abolition of affiliated clubs as well as the restructuring of the Sports Working Committee in DDCA is essential in the light of the declaration of law in that judgment. It was submitted that the tenure of the office bearers expires on 30.09.2016 and consequently this Court should not close these proceedings without making directions in respect of implementation of the Mudgal Committee report and appointing an Administrator till the necessary changes in the DDCA's W.P.(C) 7215/2011 Page 14 management structure is made and elections are held in accordance with such change.

2. Zones 'Zones for Tournaments alone' The Zones would be relevant only for the purpose of the tournaments conducted amongst themselves, but not for nomination to the governance of the Board or to the various Standing Committees.
3. State Associations 'State Associations-Uniformity in Structure' The Associations that are the Members would necessarily have to restrict the tenures of office bearers and prescribe disqualifications, do away with proxy voting, provide transparency in functioning, be open to scrutiny and audit by the BCCI and include players in membership and management. They would also have to abide by the conflict of interest policy prescribed by the Board and divorce the Association from the social club, if any.

W.P.(C) 7215/2011 Page 27

24. In discharge of the mandate given to him, Justice Mudgal oversaw several matches; both domestic and international. He also furnished several reports and supplementary reports. The report dated 11.07.2016 contains several recommendations for the structural overhaul of DDCA and some of its constituents, besides suggesting changes in matters such as ban on proxy voting, abolition of affiliate clubs, etc. Other recommendations include reforms such as conditions to be followed in tendering, financial and audit controls, payments, ticketing, etc. The DDCA has reservations in respect of some of these recommendations; it has no objections in principle in respect of others.

30. The Justice Lodha Committee recommendations for ending proxy voting are forthright. The DDCA had argued that such reform - as well as the recommendation with respect to abolition of the sports committees and affiliation only of registered clubs cannot be the subject of a judicial diktat. This Court, however, is of the opinion that since ending proxy voting is no longer a matter of debate a direction to that effect is to be made. Accordingly, it is hereby directed that proxy voting is impermissible and the W.P.(C) 7215/2011 Page 32 DDCA shall not resort to it, in future elections. An appropriate amendment shall be carried out to Article 37 of the DDCA's Articles of Association. With respect to other recommendations, i.e mandatory condition that club affiliations are permissible only if such bodies/clubs are registered under Societies Registration Act there is nothing in law which supports the DDCA's objections. The Mudgal Committee had recommended that the sports committee shall comprise of 10 members, i.e the following: