The Board of Control for Cricket in Indi Versus Cricket Association of Bihar & Ors

The Board of Control for Cricket in Indi  Versus Cricket Association of Bihar & Ors 

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

IA No 49930 of 2020

in

Civil Appeal No 4235 of 2014

The Board of Control for Cricket in India .... Appellant

Versus

Cricket Association of Bihar & Ors ....Respondents

J U D G M E N T

Dr Dhananjaya Y Chandrachud, J

1 By the judgment of this Court in Board of Control for Cricket in India v Cricket

Association of Bihar1, the draft Constitution of the Board of Control for Cricket in

India2 was approved. The Court stipulated that any amendment to the Constitution

shall not be given effect to without the leave of the Court. Clause 45 of the

Constitution, as approved, contains the following provision:

“These Rules and Regulations of the BCCI shall not be repealed,

added to, amended or altered except when passed and adopted by a

1 (2018) 9 SCC 624

2 “BCCI”

2

3/4th majority of the members present and entitled to vote at a

Special General Meeting of the General Body convened for the

purpose or at the Annual General Meeting. Any such amendment will

not be given effect to without the leave of the Hon’ble Supreme

Court.”

2 On 1 December 2019, certain amendments were approved unanimously at the

Annual General Meeting3.

3 An interim application has been filed for seeking the leave of the Court to give effect

to the amendments. A reference to the relevant clauses which are proposed to be

amended would be necessary.

4 Clause 6(4) of the existing Constitution contains the stipulation that an office bearer

who has held any post for two consecutive terms either in a state association or in

the BCCI or a combination of both shall not be eligible to contest any further election

without completing a cooling off period of three years. During the cooling off period,

there is a prohibition on an office bearer becoming a member of the Governing

Council or of any committee of the BCCI or of a state association. The rationale for

adopting a cooling off period was elaborated in Section C of the judgment of this

Court. The rationale was explained in paragraph 35 of the judgment in the following

terms:

“… A cooling-off period has several features which are of utmost

importance:

(i) it is a safeguard against the development of vested personal

interests;

3 “AGM”

3

(ii) it ensures against the concentration of power in a few hands;

(iii) it facilitates a dispersal of authority; and

(iv) it encourages the generation of a wider body of experienced

administrators.

Cooling-off must be accepted as a means to prevent a few individuals

from regarding the administration of cricket as a personal turf. The

game will be better off without cricketing oligopolies.”

5 While explaining the proposed provision for a cooling off period after the completion

of two consecutive terms, this Court provided the following illustrations:

“However, in our view, it would be appropriate to direct that a coolingoff period of three years would apply after an individual holds two

successive terms in office either in BCCI, or in any State Association

or a combination of the two. For instance, if an office-bearer has held

office for two consecutive terms in any post in a State Association,

such an individual must face a cooling-off period of three years.

Likewise, if an individual has held any post as an office-bearer of

BCCI for a total period of six years in succession, the individual must

have a cooling-off period of three years before seeking election again

either to BCCI or to a State Association. The cooling-off period would

apply also in a situation where an individual holds a post for one term

in a State Association followed by a post in BCCI successively or vice

versa. This would ensure that after a period of six years involving two

consecutive terms, a cooling-off period would be attracted. Allowing

an individual to act as an office-bearer for six years in continuation, is

a sufficiently long period for experience and knowledge gained to be

deployed in the interest of the game without at the same time

resulting in a monopoly of power.”

6 An amendment of Clause 6.4 has been proposed on the ground that the BCCI

undertakes its activities both at the national and international level. On the other

hand, the activities of the state associations are conducted at the level of each state.

Though there may be a degree of overlap between the functions associated at the

4

state level, on the one hand, and the national level by the BCCI, on the other hand, it

has been submitted that the functions are distinct in a large number of areas and

activities.

7 Mr Tushar Mehta, Solicitor General appearing on behalf of the applicant, submitted

that Clause 6(4), as approved by this Court, indicates that a person who has

completed one term at the state level followed by one term at the BCCI would have

to complete a cooling off period of three years. In other words, though an office

bearer at the BCCI has completed only one term at the BCCI, the cooling off period

would come into effect. It has been submitted that the unanimous view at the AGM

is that this provision should be modified so as to stipulate that the cooling off period

would come into effect after an office bearer has completed two consecutive terms

at the same level, that is in a state association or at the BCCI. In other words, an

office bearer who completes two consecutive terms in a state association would

necessarily have to complete a cooling off period of three years before assuming

any elected office at the state association. Likewise, an office bearer who completes

two consecutive terms at the BCCI would have to mandatorily undergo a cooling off

period of three years before seeking any election at the level of the BCCI.

8 The amended provision, as proposed at the AGM, seeks to confine the requirement

of a cooling off period only to the posts of President and Secretary. The amendment

as proposed envisages in other words that the cooling off period will not apply to

other posts.

5

9 Mr Maninder Singh, senior counsel, who was requested to assist this Court as an

amicus curiae, submitted that there would be no justification to confine the cooling

off period only to the post of President and Secretary and must extend to all other

office bearers of the BCCI and the state associations.

10 In order to bring clarity to the position, a tabulated chart has been placed before this

Court indicating:

(i) The existing provision;

(ii) The amended provision proposed by BCCI; and

(iii) The proposed clause after incorporating the suggestions made by the amicus

curiae.

11 The tabulated position (in track mode) reads as follows:

CLAUSE EXISTING PROVISION AMENDED PROVISION PROPOSED BY

BCCI

PROPOSED CLAUSE AFTER

AMICUS’S SUGGESTION

6(4) An office bearer who has held any post

for two consecutive terms either in a

state association or in the BCCI (or a

combination of both) shall not be

eligible to contest any further election

without completing a cooling off period

of three years. During the cooling off

period, such an office bearer shall not

be a member of the Governing Council

or of any committee whatsoever of the

BCCI or of a state association. The

expression ‘office bearer’ should not be

permitted to be circumvented by being

a member of any other committee or of

the Governing Council in BCCI or any

A President or SecretaryAn office bearer

who has served in such position held any

post for two consecutive terms either in a

state association or in the BCCI (or a

combination of both) shall not be eligible

to contest any further election without

completing a cooling off period of three

years. During the cooling off period, such

‘Office bearer’ an office bearer shall not

be a member of the Governing Council or

of any committee whatsoever of the

BCCI. or of a state association. The

expression ‘President’ or ‘Secretary’

office bearer’ should not be permitted to

be circumvented by being a member of

6.4.1 An office bearer who has held

any post for two consecutive terms in

the BCCI shall not be eligible to

contest any further election in the

BCCI without completing a cooling off

period of three years.

During this cooling off period, such an

office bearer shall not be a member of

the Governing Council or of any

committee whatsoever of the BCCI.

The expression ‘office bearer’ should

not be permitted to be circumvented

by being a member of any other

committee or of the Governing

Council in BCCI, as the case may be.

6

state association, as the case may be. any other committee or of the Governing

Council in BCCI or any state association,

as the case may be.

6.4.2 If a person has served two

consecutive terms each, in the State

Association and in the BCCI [or vice

versa] continuously without any

break, such person shall not be

eligible to contest any further election

in the State Association or in the

BCCI, without completing a cooling

off period of three years.

During this cooling off period, such an

office bearer shall not be a member of

the Governing Council or of any

committee whatsoever of the BCCI or

of a state association. The expression

‘office bearer’ should not be permitted

to be circumvented by being a

member of any other committee or of

the Governing Council in BCCI or any

state association, as the case may

be.

The State Associations may

separately have the following clause:-

6.4.1 An office bearer who has held

any post for two consecutive terms in

the State Association shall not be

eligible to contest any further election

in such State Association without

completing a cooling off period of

three years.

During this cooling off period, such an

office bearer shall not be a member of

the Governing Council or of any

committee whatsoever of the state

association. The expression ‘office

bearer’ should not be permitted to be

circumvented by being a member of

any other committee or of the

Governing Council in the state

association, as the case may be.

6.4.2 If a person has served two

consecutive terms each, in the State

7

Association and in the BCCI [or vice

versa] continuously without any

break, such person shall not be

eligible to contest any further election

in the State Association or in the

BCCI, without completing a cooling

off period of three years.

During this cooling off period, such an

office bearer shall not be a member of

the Governing Council or of any

committee whatsoever of the BCCI or

of a state association. The expression

‘office bearer’ should not be permitted

to be circumvented by being a

member of any other committee or of

the Governing Council in BCCI or any

state association, as the case may

be.

12 As the above tabulation indicates, the amicus curiae has proposed a bifurcation, for

the sake of clarity, of the existing provision by introducing similar requirements of

cooling off periods both at the level of the BCCI and in the state associations.

Clause 6(4), as originally incorporated, is hence sought to be bifurcated separately

for the BCCI and the state associations. The Solicitor General has stated that the

amendment as proposed by the amicus curiae is acceptable to the BCCI.

13 Having considered the application and the reasons which have been set out, we are

of the considered view that the amendment as proposed in the third column above,

should be accepted in terms of the suggestions of the amicus curiae. The reasons

for accepting the above proposal are indicated below.

14 The principal rationale for adopting a cooling off period has been explained in the

judgment of this Court, extracted above. This Court had adopted the rationale that

8

the cooling off period would kick in after an individual holds two successive terms in

office either at the BCCI or in any state association or a combination of the two. The

effective consequence of the existing position is that:

(i) A person who is elected as an office bearer in a state association for two

consecutive terms would have to undergo a cooling off period;

(ii) A person who is elected as an office bearer at the BCCI for two consecutive

period would have to undergo a cooling off period; and

(iii) A person who is elected as an office bearer in a state association for one term

followed by election as an office bearer at the BCCI for one term would

similarly have to undergo a cooling off period.

15 The consequence, therefore, is that a person who has held office as an elected

office bearer for only one term at the BCCI would have to undergo a cooling off

period. The submission is that the application of a cooling off period after one term

at a particular level (the BCCI or state association, as the case may be on after an

immediately prior term at another level) is unduly stringent and needs to be modified

having regard to the purpose for which the cooling off period was introduced.

16 BCCI is an autonomous sports body. The judgment of this court did not abrogate its

power, as a registered society, to amend its Constitution. The stipulation that an

amendment be carried by a three fourths majority and should not be implemented

without the prior leave of this court is in order to ensure that the purpose underlying

9

the adoption of the Constitution of BCCI is not defeated. The purpose for which the

cooling off period was introduced, would not be diluted by the proposed amendment,

subject to the stipulations suggested by the amicus curiae. The proposed stipulation

that the cooling off period comes into effect after two consecutive terms at the same

level namely, at the state associations or the BCCI does not abrogate the purpose of

a cooling off period. We, therefore, accept the amendment as set out in Column 3

above.

17 The next amendment is proposed to Clause 6(5) of the BCCI’s Constitution. As in

the case of Clause 6(4), the amendment which was proposed to Clause 6(5) was

deliberated upon during the course of the hearing and certain suggestions have

been made in the course of the discussion by the amicus curiae. The position is

tabulated below (in track mode):

CLAUSE EXISTING PROVISION AMENDED PROVISION PROPOSED BY

BCCI

PROPOSED CLAUSE AFTER

AMICUS’S SUGGESTION

6(5) A person shall be disqualified from

being an Office Bearer, a member of

the Governing Council or any

Committee or a representative to the

International Cricket Council or any

similar organization if he or she:

(a) is not a citizen of India;

(b) has attained the age of 70

years;

(c) is declared to be insolvent, or

of unsound mind;

(d) is a Minister or Government

Servant or holds a public

office;

(e) holds any office or post in a

sports or athletic association

A person shall be disqualified from

being an Office Bearer, or an Apex

Council Member of the BCCI a member

of the Governing Council or any

Committee or a representative to the

International Cricket Council or any

similar organization if he or she:

(a) is not a citizen of India;

(b) has attained the age of 70

years;

(c) is declared to be insolvent, or of

unsound mind;

(d) is a Minister or Government

Servant or holds a public office;

(e) holds any office or post in a

sports or athletic association or

A person shall be disqualified from

being an Office Bearer, a member of

the Apex Council, Governing Council

or any Committee of the BCCI if he or

she:

(a) is not a citizen of India;

(b) has attained the age of 70

years;

(c) is declared to be insolvent,

or of unsound mind;

(d) is a Minister or Government

Servant;

(e) has been an Office Bearer

of the BCCI for a

cumulative period of 9

years; or

10

or federation apart from

cricket;

(f) has been an Office Bearer of

the BCCI for a cumulative

period of 9 years or of a State

association for a cumulative

period of 9 years; or

(g) Has been charged by a Court

of Law for having committed

any criminal offence, i.e. an

order framing charges has

been passed by a court of law

having competent jurisdiction.

federation apart from cricket;

(f)(e) has been an Office Bearer of the

BCCI for a cumulative period of

9 years; or of a State

association for a cumulative

period of 9 years; or

(f) Has been convicted charged by

a Court of Law for commission

of a having committed any

criminal offence and sentenced

to imprisonment for a period not

less than three (3) years.

6.5.2 A person shall be disqualified from

being a member of the Governing

Council or any Committee of the BCCI if

he or she:

(a) is not a citizen of India;

(b) is declared to be insolvent, or of

unsound mind;

(c) is a Minister or Government

Servant;

(d) Has, i.e. an order framing

charges has been convicted

passed by a Court of Law for

commission of a criminal

offence and sentenced to

imprisonment for a period not

less than three (3) years.court of

law having competent

jurisdiction.

(f) has been convicted by a

Court of Law for

commission of a criminal

offence and sentenced to

imprisonment.

18 BCCI has submitted that the disqualification from holding any office or post in a

sports or athletic association or federation apart from cricket needs to be modified

since several cricketers of eminence are associated with other sporting activities

such as football and golf after retirement from cricket and there is no reason to

disqualify them on that ground. Secondly, it has been submitted that the

disqualification which is attached to a person who is charged of having committed a

11

criminal offence is proposed to be modified so as to apply to a person who is

convicted of an offence and is sentenced to a term of imprisonment of three years.

This amendment, it has been submitted, is intended to protect office bearers who

may be subjected to frivolous prosecutions. Finally, it has been submitted that the

expression “or holds a public office” is over-broad and that the disqualification

should only apply to a person who holds office as a Minister or government servant.

19 The stipulation that the disqualification should attach on a conviction of an offence

may be accepted. However, the further condition that a disqualification would follow

upon a sentence of imprisonment of three years or more cannot be accepted. During

the hearing, BCCI agreed that the disqualification would govern a conviction and

sentence of imprisonment. The reasons set out for the other amendments are

acceptable. Subject to what has been observed above, the amendment as tabulated

in column 3 above does not detract from the basic purpose and object underlying

the judgment of this Court. The amendment, as proposed in Column 3 above, is

hence permitted to be effected.

20 An amendment has been proposed to Clauses 14.3 and 14.4, as well as to Clause

3(b)(vii) which are consequential to the amendments which have been made to

Clauses 6(4) and 6(5). The amendments to Clauses 14.3 and 14.4 and Clause

3(b)(vii) are in the following terms:

12

CLAUSE EXISTING PROVISION AMENDED PROVISION PROPOSED BY

BCCI

PROPOSED CLAUSE AFTER

AMICUS’S SUGGESTION

14(3) and

(4) 14.3 A person shall be disqualified

from being a Councillor if he or she:

(a) is not a citizen of India;

(b) has attained the age of 70

years;

(c) is declared to be insolvent,

or of unsound mind;

(d) is a Minister or Government

Servant;

(e) has been an Office Bearer

of the BCCI for a cumulative

period of 9 years; or

(f) has been convicted by a

Court of Law for

commission of a criminal

offence and sentenced to

imprisonment.

14.4.1 Each of the elected Councillors

shall have a term of 3 years in office,

subject to a maximum of 3 Terms on

the Apex Council.

A Councillor who has held any post

for two consecutive Terms in the

BCCI shall not be eligible to contest

any further election in the BCCI

without completing a cooling off

period of three years. During the

cooling off period, such a Councillor

shall not be a member of the

Governing Council or of any

committee whatsoever of the BCCI.

The expression ‘Councillor’ should not

be permitted to be circumvented by

being a member of any other

committee or of the Governing

Council in BCCI.

14.4.2 If a person has served two

consecutive terms each as Councillor,

in the equivalent body of a State

13

Association and in the BCCI [or vice

versa] continuously without any

break, such person shall not be

eligible to be a Councillor in the

equivalent body of a State

Association or in the BCCI, without

completing a cooling off period of

three years. During this cooling off

period, such a Councillor shall not be

a member of the Governing Council

or of any committee whatsoever of

the BCCI or of a State Association.

The expression ‘Councillor’ should not

be permitted to be circumvented by

being a member of any other

committee or of the Governing

Council in BCCI or any State

Association, as the case may be.

3(b)(vii) There shall be a provision whereby an

office bearer or an elected member of

the Governing Council / Managing

Committee / Apex Council who has

held any post for two consecutive

terms either in the State Association or

in the BCCI (or a combination of both)

shall not be eligible to contest any

further election without completing a

cooling off period of three years.

During the cooling off period, such an

office bearer or an elected member of

the Governing Body / Managing

Committee / Apex Council shall not be

a member of the Governing Council or

of any Committee whatsoever of the

BCCI or of a State Association.

3(b)(vii)(A) There shall be a provision

whereby an office bearer or an

elected member of the Governing

Council / Managing Committee / Apex

Council who has held any post for two

consecutive terms in the State

Association shall not be eligible to

contest any further election in such

State Association without completing

a cooling off period of three years.

During this cooling off period, such an

office bearer or an elected member of

the Governing Council / Managing

Committee / Apex Council shall not

be a member of the Governing

Council or of any committee

whatsoever of the state association.

The expression ‘office bearer’ should

not be permitted to be circumvented

by being a member of any other

committee or of the Governing

Council in the state association, as

14

21 Certain amendments of an administrative nature are proposed in Clauses 7(3), 15(3)

and (4) and 19(2), which are tabulated below:

CLAUSE EXISTING PROVISION AMENDED PROVISION PROPOSED BY

BCCI

PROPOSED CLAUSE AFTER

AMICUS’S SUGGESTION

7(3) The Secretary shall;

(a) to (e) ...............

Have the power to delegate any work

to the Honorary Joint Secretary.

The Secretary shall;

(a) to (e) ...............

(f) Have the power to delegate any work

to the Honorary Joint Secretary or any

person in management.

(g) Exercise all powers in relation to

cricketing and non cricketing matters with

the respective management personnel

including CEO reporting to him on a

The Secretary shall;

(a) to (e) ...............

(f) Have the power to delegate any

work to the Honorary Joint Secretary

or any person in management.

(g) Exercise all powers in relation to

cricketing and non cricketing matters

with the respective management

personnel including CEO reporting to

the case may be.

3(b)(vii)(B) There shall be a provision

whereby if a person has served two

consecutive terms each, in the State

Association and in the BCCI [or vice

versa] continuously without any

break, such person shall not be

eligible to contest any further election

in the State Association or in the

BCCI, without completing a cooling off

period of three years.

During this cooling off period, such an

office bearer or an elected member of

the Governing Council / Managing

Committee / Apex Council shall not

be a member of the Governing

Council or of any committee

whatsoever of the BCCI or of a state

association. The expression ‘office

bearer’ should not be permitted to be

circumvented by being a member of

any other committee or of the

Governing Council in BCCI or any

state association, as the case may

be.

15

regular basis.

(h) the Management personnel, the staff

and the CEO shall work under the direct

supervision, control and direction of the

Secretary.

him on a regular basis.

(h) the Management personnel, the

staff and the CEO shall work under

the direct supervision, control and

direction of the Secretary.

15(3) and

(4)

(3) The Apex Council shall exercise

superintendence over the CEO,

the Cricket Committees and the

Standing Committees in the

discharge of their duties

generally, and in particular, in

accordance with any general or

special direction of the General

Body, except for the Governing

Council of the IPL which is

directly accountable to the

General Body.

(4) In addition to and without prejudice

to the generality of powers

conferred directly or by

necessary implication under

these Rules and regulations and

the Memorandum of Association,

the Apex Council shall exercise

the powers and perform the

duties hereafter mentioned:

(a) to (c) …............

(d) To institute or defend any action or

proceedings for or against the

BCCI or against any Office‐

Bearer or employee of the BCCI.

(e) to (m) ............(n) To frame, in

consultation with the CEO, rules for the

appointment of Managers, Secretaries,

Administrative Officers, Peons and

other service personnel and staff and

for payment to them and other persons

in return for their services rendered to

the BCCI, salaries, wages, gratuities,

(3) The Apex Council shall exercise

superintendence over the CEO,

the Cricket Committees and the

Standing Committees through

the Secretary in the discharge of

their duties generally, and in

particular, in accordance with

any general or special direction

of the General Body, except for

the Governing Council of the IPL

which is directly accountable to

the General Body.

(4) In addition to and without prejudice

to the generality of powers

conferred directly or by

necessary implication under

these Rules and regulations and

the Memorandum of

Association, the Apex Council

shall exercise the powers and

perform the duties hereafter

mentioned:

(a) to (c) …............

(d) To institute or defend through

the Secretary any action

or proceedings for or

against the BCCI or

against any Office‐Bearer

or employee of the BCCI.

(e) to (m) ............

(n) To frame, in consultation with the

CEO, rules for the appointment of

Managers, Secretaries, Administrative

(3) The Apex Council shall exercise

superintendence over the

CEO, the Cricket

Committees and the

Standing Committees,

through the Secretary, in

the discharge of their duties

generally, and in particular,

in accordance with any

general or special direction

of the General Body, except

for the Governing Council

of the IPL which is directly

accountable to the General

Body.

(4) In addition to and without

prejudice to the generality

of powers conferred directly

or by necessary implication

under these Rules and

regulations and the

Memorandum of

Association, the Apex

Council shall exercise the

powers and perform the

duties hereafter mentioned:

(a) to (c) …............

(d) To institute or defend,

through the Secretary,

any action or

proceedings for or

against the BCCI or

against any Office‐

Bearer or employee of

the BCCI.

16

pensions, honorariums,

compensations, any exgratia payment

and/or provident fund and to regulate

discipline by suspending, fining,

removing or dismissing such

employees.

Officers, Peons and other service

personnel and staff and for payment to

them and other persons in return for their

services rendered to the BCCI, salaries,

wages, gratuities, pensions,

honorariums, compensations, any

exgratia payment and/or provident fund

and to regulate discipline by suspending,

fining, removing or dismissing such

employees.

(e) to (m) ............

(n) To frame, in consultation

with the CEO, rules

for the appointment of

Managers,

Secretaries,

Administrative

Officers, Peons and

other service

personnel and staff

and for payment to

them and other

persons in return for

their services

rendered to the BCCI,

salaries, wages,

gratuities, pensions,

honorariums,

compensations, any

exgratia payment

and/or provident fund

and to regulate

discipline by

suspending, fining,

removing or

dismissing such

employees.

19(2) (2) The day‐to‐day management of

the BCCI shall be conducted by

professionals in both cricketing

and non‐cricketing matters.

(2) The day to day management of the

BCCI shall be conducted by the

professionals in both cricketing

and non‐cricketing matters under

the direct supervision, direction

and control of the respective

Office Bearers.

(2) The day‐to‐day management of

the BCCI shall be conducted by

the professionals in both

cricketing and non‐cricketing

matters under the direct

supervision, direction and

control of the respective Office

Bearers.

22 The above amendments as tabulated in Column 3 above are accepted.

23 An amendment was sought in Clause 45 to delete the provision requiring the leave of

the Court to amend BCCI’s Constitution. The proposed amendment is not pressed

by BCCI.

17

24 Paragraphs 45.2 and 45.3 of the earlier judgment of this Court dated 9 August 2018

reported in (2018) 9 SCC 624 contains the following directions:

“45.2. Upon the registration of the said Constitution of BCCI, each of the

members shall undertake registration of their respective Constitutions

on similar lines within a period of 30 days thereafter. A compliance

certificate must be furnished to the CoA, which shall file a status

report before this Court with reference to the compliance undertaken

by the State Associations; and

45.3. In the event that any State Association does not undertake

compliance with the abovesaid directions, the directions contained in

the orders of this Court dated 7-10-2016 [BCCI v. Cricket Assn. of

Bihar, (2016) 10 SCC 23] and 21-10-2016 [BCCI v. Cricket Assn. of

Bihar, (2016) 10 SCC 231] shall revive.”

25 The above directions shall also apply to the amendments as approved by the

present judgment.

26 Mr Akhilesh Kumar Pandey, counsel, appeared in these proceedings on behalf of

two individuals who were earlier, members of an entity called Association of Bihar

Cricket. While opposing the amendments, counsel submitted that any modification

of the clauses in the terms as proposed would affect the underlying object of the

provisions in the original Constitution.

27 Having carefully assessed the grievance, we do not find any merit for the reasons

which we have already indicated.

18

28 The interim application is accordingly disposed of in the above terms.

…..…..…....…........……………….…........J.

 [Dr Dhananjaya Y Chandrachud]

…..…..…....…........……………….…........J.

 [Hima Kohli]

New Delhi;

September 14, 2022

-S-