, New DelhiAbraham Thomas
The Supreme Court on Wednesday directed the application filed by the Indian cricket Board (BCCI) seeking an extended tenure for president Sourav Ganguly and secretary Jay Shah to be heard by a bench comprising Justice Dhananjaya Y Chandrachud.
A bench headed by Chief Justice of India NV Ramana said Justice Chandrachud had heard the case in the past and was part of the three-judge bench that on August 9, 2018 directed BCCI to adopt the constitution as approved by the court. The other two judges who passed that order–former CJI Dipak Misra and Justice AM Khanwilkar—have retired and hence the case will go before the bench headed by Justice Chandrachud.
The bench—justices Hima Kohli and CT Ravikumar—also directed the Registry to place the matter before the incoming CJI UU Lalit. A special bench will be set up besides Justice Chandrachud. On July 21, the top court appointed senior advocate and former additional solicitor general (ASG) Maninder Singh as amicus curiae (friend of Court).
BCCI’s application has been pending in the top court since May 2020. The 2018 judgement said, “We are emphatically of the view that once the draft constitution has been approved by this Court, any amendment should not be given effect to without the leave of this Court.”
Another key amendment made was to Rule 6.5, proposing to disqualify a BCCI office-bearer only upon conviction in an offence punishable by three years in jail.
Another crucial change for which BCCI seeks the court’s nod is amendment to Rule 45, doing away with the need for getting SC’s nod for giving effect to any amendment to BCCI rules.
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