Are You A Governing Body Without Teeth? Bombay High Court Asks BCCI Over Delay In Decision On Telangana Cricket Association's Membership

“Is the Board of Control for Cricket in India (BCCI) a governing body with no teeth?” asked the Bombay High Court on Friday while it noted the apex cricket body's submission that it cannot make both Hyderabad Cricket Association (HCA) and the Telangana Cricket Association (TCA) sit together and resolve the dispute over the membership of the latter in the BCCI.

A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale made the query to senior counsel Dr Birendra Saraf, who appeared for the BCCI and submitted though the apex body ordered HCA to decide on the 'associate membership' of the TCA, but it cannot make the two associations, sit together and resolve the dispute.

"I am following my (BCCI) constitution which does not empower me to take any action against the HCA for not complying with the order passed by the BCCI in July 2021. Also, the BCCI cannot make them sit together and resolve the dispute. It has taken a decision that HCA and TCA must sit together and resolve the dispute. It cannot go beyond that," Saraf submitted.

To this, Justice Mohite-Dere interrupted, saying, "Why? Are you a governing body without any teeth? Should you not ensure compliance of your own order?"

Meanwhile, the bench noted that the HCA and also the TCA had exchanged certain letters/emails, with regard to their meetings. However, the bench took strong objection to the 'language' in these letters.

"What kind of a language is this?" the bench sought to know from TCA counsel Vivek Kantawala, who explained that his clients responded in this manner, because of the language of the HCA in its letter inviting for the meeting, that too after five years of them running from pillar to post, to get the issue resolved.

"Just because the stooped low does not mean you will stoop lower. We do not appreciate such a language," Justice Mohite-Dere remarked.

Subsequently, both HCA and TCA assured the bench and withdrew their letters.

Kantawala assisted by Shanay Bafna, told the bench that the HCA had invited for a meeting with its 'sub sub-committe' and not the apex body of the association.

The judges, therefore, ordered HCA counsel to ensure that its apex body meets the apex body of the TCA at the earliest.

Accordingly, the HCA counsel informed the bench that the apex body of their association will hold a meeting with the representatives of the TCA on March 29.

Accepting the statement, the bench adjourned the hearing accordingly.

Bakground:

The TCA had applied for 'membership' of the BCCI, which in July 2021 denied it the membership on the ground that the HCA is already a member of the apex body. Since HCA is a full-time member of the BCCI and only one association can be a full time member from each State, the BCCI had directed the HCA to take a decision on the plea by TCA for becoming an associate member. It wouldn't be out of place to mention that the HCA has opposed the plea of the TCA to become a full time member.

But the TCA alleged that despite such clear orders, the HCA has been dragging its feet over taking a final decision and therefore, it petitioned the High Court.