"Several youngsters in the country want to make their career in cricket and want to be Dhonis and Kohlis due to the glamour and glitz associated with it. They do not get equal opportunity if they are not on the right side of the BCCI. Sometimes they are prevented by the people at the helm of affiars," a bench headed by Chief Justice T S Thakur said.
The bench, also comprising Justice F M I Kalifulla, expressed anquish over the cricket body running a "prohibitory regime and monopolizing cricket" across the country, saying no one can play the game without its nod.
"You (BCCI) are running a prohibitory regime which is spread across the country. If a player has to play cricket he has to be with you. You have complete monopoly. You have monopoly over members and you prevent people from becoming members.
The court said it fails to understand why there should be any problem to anyone because Justice R M Lodha-led committee has opened the membership to other states and recomended one state-one vote.
The bench made it clear to Tamil Nadu Cricket Association (TNCA), which has expressed its reservations to one state-one vote formula, that it is not concerned with any state associations.
the recomendation of one state-one vote will create inequality rather than equality.
"The recomendation will create inequality rather than equality. It will promote inquality among equals," he said.
The bench then said when one country, irrespective of its population, constitutes one vote in International Cricket Council (ICC), then why cannot the formula work for BCCI.
"When ICC accepts the principle of one country-one vote irrespective of population, then why can't the similar formula of one state-one vote work for BCCI. It will result in equality to play cricket," the bench said.
It further said the apex court has already held that if any body or association is discharging public function, then it has some responsiblities and obligations and equal opportunity needs to be given to all.
"If any cricket club or association wants to do anything, we are least bothered. We are not here to reform every cricketing club. But if any institution which is discharging public duty like BCCI, then any organization or association associated with it will have to reform itself," the court said.
Senior advocate Kapil Sibal, appearing for Baroda Cricket Association, said reforms suggested by the Lodha panel are not under constitutional principle and may or may not be implemented by the BCCI, but state associations, which have their own set of rules, cannot implement them.
He said there cannot be uniform rules and regulations as there may be problems in following them owing to different members having different compositions, laws and bye-laws.
Sibal said the BCCI selection committee consists of five members from five zones and they select players from different zones without any favourtism.
"Even in present structure in BCCI, equal representation is given to all the zones. There is nothing like undue or undemocratic (favour)," he said.
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