BCCI files review petition in SC

Seeking a review of the judgment delivered by a Bench led by Chief Justice of India T. S. Thakur, the BCCI wanted a five-judge Constitution Bench to hear the plea. It does not want Chief Justice Thakur to be a part of the Review Bench.

The Board of Control for Cricket in India (BCCI), on Tuesday, moved the Supreme Court for a re-look into its July 18 judgment upholding the recommendations of the former Chief Justice R. M. Lodha Committee to overhaul the rules, membership and functioning of the top cricketing body.

Seeking a review of the judgment delivered by a Bench led by Chief Justice of India T. S. Thakur, the BCCI wanted a five-judge Constitution Bench to hear the plea. It does not want Chief Justice Thakur to be a part of the Review Bench.

The review petition follows legal advice rendered by former Supreme Court judge Justice Markandey Katju in his interim report to the Board that the July 18 verdict smacked of judicial overreach and was thus unconstitutional.

Justice Katju had said that though the Supreme Court's intentions in intervening with the BCCI's working was “good”, it amounted to “judicial legislation” and violated the Tamil Nadu Societies Registration Act and the Indian Constitution.

Justice Katju said, “it should have received the report of the Lodha Committee and passed it on to the Parliament for law-making”.

The petition follows Justice Katju's advice that the Supreme Court plainly ignored the law that any change in the rules of the BCCI should have been made through a special resolution initiated under the Tamil Nadu Societies Registration Act.

Complaints against the BCCI should have been filed before the Registrar of Societies, who is the competent authority under the Act.

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