IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.425 of 2010 THE STATE OF BIHAR & ORS Versus BIHAR CRICKET ASSOCIATION & ANR with CWJC No.13668 of 2009 BIHAR CRICKET ASSOCIATION & ANR Versus THE STATE OF BIHAR & ORS with CWJC No.6650 of 2009 SHRI PREM RANJAN PATEL Versus THE STATE OF BIHAR & ORS with CWJC No.6652 of 2009 ASSOCIATION OF BIHAR CRICKET Versus THE STATE OF BIHAR & ORS with CWJC No.338 of 2006 ASSOCIATION OF BIHAR CRICKET Versus THE BOARD OF CONTROL FOR CRICKET with CWJC No.7117 of 2009 SARAN DISTRICT CRICKET ASSOCIATION Versus THE STATE OF BIHAR & ORS with CWJC No.7120 of 2009 DINESH KUMAR YADAV Versus THE STATE OF BIHAR & ORS ----------- 3. 12.04.2010. Heard Mr. P.K. Shahi, learned Advocate General along with Mr. Ray Shivaji Nath, Addl. Advocate General-IV, Mrs. Anita Sinha, G.P.-IX and Mr. Santosh 2 Kumar Singh, S.C.-XXII, for the State in LPA No. 425/ 2010, CWJC No. 13668/2009, CWJC No. 6650/2009 and CWJC No. 338/2009 respectively, Mr. Jitendra Singh, learned Senior Counsel for the Board of Control for Cricket in India, Mr. Y.V. Giri, learned Senior Counsel along with Mr. Satyabir Bharti, for the Bihar Cricket Association, and Mr. Vinod Kantha, learned Senior Counsel along with Mr. Abhijeet Kumar Lal, Mr. Vijay Kumar Shrivastava, Mr. Mrigank Mauli, Mr. Chandrashekhar Verma and Mr. Abhijeet Kumar Lal, for other writ petitioners. Though this batch of cases arises from various angles and spectra, yet upon hearing learned counsel for the parties, we are disposed to think, primarily, five issues emerge for consideration. Firstly, whether as per the Memorandum of Rules and Regulations of Board of Control for Cricket in India (for short `the Regulation’), the BCCI is under obligation to grant full membership to a Cricket Association functional in each State as understood the concept of `State’ in the backdrop of the Constitution of India; secondly, whether the Bihar Cricket Association 3 had been recognized as an associate member of the BCCI and functioning in the State of Bihar till 2008 on the basis of the registration extended to it under the provisions of Societies Registration Act, 1860 and, when the registration gets annulled, as a sequitur, the recommendation granted by the BCCI as an associate member gets extinct or the registration under the Societies Act has nothing to do or not a condition precedent for grant of the benefit of extension of selecting an associate member by the BCCI; thirdly, whether, when an association challenges its cancellation of registration, it is the individual grievance of the said association and, therefore, the other associations or their members are not the necessary parties to the said proceeding; fourthly, assuming whether full membership is to be given to one State which was there in existence before the re- organization of the erstwhile State of Bihar, it should fall into the share of the State of Jharkhand or the State of Bihar and fifthly, whether the State while allocating the stadium for holding cricket match by any of the associations on deposit of the amount can behave in an 4 arbitrary and discriminatory manner without following any kind of rational policy or norms. Be it noted, one of the associations, as has been stated at the Bar, is involved in CWJC No. 7149 of 2008. In view of the aforesaid, CWJC No. 7149 of 2008 shall be linked with the present batch of cases. We may hasten to clarify we have formulated the aforesaid issues as the learned counsel appearing in each case very fairly stated that the said issues are the principal issues to be adjudicated at the time of final disposal. Regard being had to the issues formulated which are the basic issues, a comprehensive affidavit is required to be filed by the BCCI. Let a comprehensive affidavit be filed by the BCCI within four weeks hence. Learned counsel for the writ petitioners as well as learned counsel for the appellants in the letters patent appeal shall provide copies of the writ petitions along with annexures and the memorandum of appeal along with the documents appended thereto to Mr. Kamal Kishore Singh, learned counsel assisting Mr. Jitendra Singh, learned Senior Counsel for the BCCI by 14th April, 2010. We 5 expect the BCCI shall file an affidavit by clearing the maze so that the controversy that has arisen from various spectra in the State of Bihar relating to cricket can be solved. Before filing of the affidavit, the pleadings from all aspects shall be complete. Matter be listed on 13.05.2010. Registry shall indicate that the aforementioned cases shall be taken up at 2.00 P.M. Let free copies of the order be supplied to the learned counsels in all cases so that they can do needful in the matter. Dilip ( Dipak Misra, C.J. ) ( Mihir Kumar Jha, J. )