The SC special bench consisting of Chief Justice of India TS Thakur and Justice FMI Kalifulla were reacting to Baroda Cricket Association senior counsel Kapil Sibal's submission that "the principle of 'one state one vote' may not be the best democratic thing".
The Supreme Court, on Monday, once again gave clear indications that "rotational voting" could well be the way forward for Gujarat and Maharashtra to deal with a situation that would arise if Justice RM Lodha panel recommendations regarding "one state one vote" are implemented.
The SC special bench consisting of Chief Justice of India TS Thakur and Justice FMI Kalifulla were reacting to Baroda Cricket Association senior counsel Kapil Sibal's submission that "the principle of 'one state one vote' may not be the best democratic thing".
"The weightage be given to those engaged in cricketing activities and not territorial areas represented by various associations," said BCA, citing its contribution in spreading the game of cricket in India. However, the apex court reiterated that the whole idea behind suggesting changes in BCCI's administration is to "maintain purity of the game".
"You must remember when we refer to BCCI, we refer to a public functionary which discharges a very important public function and that brings obligation. The whole idea is to maintain purity in the running of the game," the bench observed.
BCA counsel also followed the similar line that many others till now, Mumbai and Punjab, have followed that "changing the entire structure and function of BCCI and other state cricket associations is against the essence of 19(1)(c) of the Indian Constitution".
However, the apex court once again reminded BCA that "an association cannot take shelter of fundamental rights as it is not a citizen".
"Have you come as an individual citizen or an association?" the court asked BCA, adding: "Association is not a citizen. No rights of citizens have been affected. Whose rights as citizens have been affected?"
But Sibal continued to argue that rights under Article 19(1)(c) – right to form association, right to autonomy, right to remove membership etc – are protected and as long as these rights are not interfered with, there is no problem.
Sibal didn't stop there. He even pointed towards "enormous politics" and pressure that one state, one vote will bring with itself if Justice Lodha recommendations are implemented.
The bench said with the implementation of Lodha panel recommendations, there will be an issue of seven votes in BCCI. The new permanent members will come from smaller and sparingly cricket-playing states like Manipur and Mizoram.
"Seven votes will come to North East where there is no cricket that we know. But we don't know the game of seven votes. Can you elaborate what the politics will be," the apex court asked Sibal.
However, the bench said: "BCCI has not decided anything against you (BCA). BCCI and you are on the same boat. Both of you are complimenting each other. The best way for BCCI to overcome all the shortcomings should be in a transparent manner. We are not asking you to change your constitution. When we see the stand of the BCCI then we can see how your association can be moulded."
BCA's whole argument was regarding giving voting power to the smaller states, which have so far been deprived of any cricketing activity since independence.
"What is the public purpose served in depriving me of full membership? What is the public purpose served of depriving me of right to vote? What is the public good sought to be achieved with this process? What is the public function sought to be performed by private body?" Sibal vehemently objected to the suggestion of one state, one vote.
The next hearing has been set for April 25.
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