As per the present BCCI structure, authorised by the Supreme Court, Board president Sourav Ganguly and secretary Jay Shah must step apart for a compulsory three-year cooling-off interval in September, when the subsequent Annual General Meeting (AGM) is scheduled. Both, and likewise joint secretary Jayesh George, have already served six years as office-bearers, in state associations and cricket board mixed, and going by the structure, must vacate their posts for a compulsory lay-off.
The BCCI, nevertheless, seeks an modification to the cooling-off clause and has filed a plea earlier than the apex courtroom on this regard. At lengthy final, the matter can be up for listening to on Wednesday. The final Supreme Court listening to on BCCI issues came about in April 2021.
The BCCI had filed an utility to water down the cooling-off clause for office-bearers two-and-a-half years in the past and the Supreme Court was supposed to listen to the matter in July 2020, through video conferencing, earlier than a Bench comprising then Chief Justice of India (CJI) Justice SA Bobde and Justice L Nageswara Rao.
But it didn’t happen. The matter was unresolved through the April 16, 2021 listening to final 12 months as properly. Both Justice Bobde and Justice Nageswara Rao have retired, whereas the amicus curiae, PS Narasimha, has been elevated as a decide. On Wednesday, a three-judge Bench comprising CJI NV Ramana and Justices Krishna Murari and Hima Kohli would take up the matter for listening to.
Ganguly turned Cricket Association of Bengal joint secretary in 2014 earlier than turning into the state affiliation president a 12 months later. He took cost of the BCCI as its chief in October 2019. Going by the prevailing structure, Ganguly’s six-year time period as an office-bearer resulted in 2020.
Shah turned an office-bearer of the Gujarat Cricket Association in 2013 earlier than transferring to the BCCI as its secretary six years later. George’s six-year time period resulted in August 2020.
The BCCI structure says: “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.”
In December 2019, the BCCI filed an utility earlier than the Supreme Court, with a request to amend its structure, together with the watering down of the clauses concerning the cooling-off interval, modifications in disqualification standards, curbing the chief government’s powers and battle of curiosity. It additionally sought an modification to Rule 45 that made the Supreme Court’s nod necessary for any change within the current structure. The proposed amendments had obtained verbal consent from all 38 members on the cricket board’s 88th AGM. Another utility was filed on this regard in April 2020, however because of the Covid-19 outbreak, regular courtroom proceedings have been disrupted.
It could be fascinating to see how the listening to pans out on Wednesday, with some authorized heavyweights in attendance. The apex courtroom has permitted senior advocate Harish Salve to seem just about on Wednesday.
State affiliation office-bearers, too, can even be conserving a detailed eye on proceedings. Some of them have accomplished their respective six-year phrases. According to a couple officers, the BCCI’s functioning might be hampered if continuity is damaged, with India internet hosting the ICC World Cup (50-over format) subsequent 12 months. Then once more, the prevailing BCCI structure has been authorised by the best courtroom of the nation.
Meanwhile, BJP chief Subramanian Swamy has filed an intervention petition earlier than the Supreme Court, opposing the BCCI’s transfer.
