CHENNAI: Elections in state cricket associations can often be thorny affairs. The one scheduled in Hyderabad on January 17 might turn out to be another, with controversial nominations and allegations of violating guidelines set by Supreme Court forming the backdrop.
If Mohammad Azharuddin’s decision to contest for president came as a surprise, there are other issues like polls before having incorporated in the constitution Lodha recommendations. Interestingly, the elections to be held following a lower court order are against Lodha panel advice that says, “It would be prudent in the circumstances for such elections to be conducted under the guidance of the administrators to be appointed by the Hon’ble Supreme Court.”
Elections have still been scheduled, two days before the apex court names the administrators on January 19. While the court-appointed panel doesn’t prohibit polls in state bodies, it states, “If any election is held which is inconsistent with the committee’s report and the judgement of the Supreme Court, then the same will be treated as void and with no legal sanctity.”
Outgoing HCA president Arshad Ayub points out that certain issues are not in congruence with guidelines. According to him, the HCA has accepted the Lodha recommendations, but is yet to amend its constitution accordingly. The body still has the old set of 217 voters from clubs and districts.
Former international players and women’s representatives have not been included, which is in violation of the court order. Reliable sources indicated to Express that holding elections before amending constitution can result in the process being deemed illegal.
The appointment of an election officer can also come under the scanner. Lodha panel specifies that such an election has to be supervised by someone from the central or state election commission. Ayub said the election officer for HCA doesn’t meet this condition. “A number of matters are not in accordance with guidelines, because the constitution hasn’t been amended. One meeting was held, but one more was required, which hasn’t taken place. Not sure if this election satisfies conditions, but as of today it’s taking place on January 17.”
Other than Azhar taking on Vidyut Jaisimha for the top post, four more positions of office-bearers and one executive committee slot are being contested. Naresh Sharma and Vanka Pratap are among contenders for secretary. The election officer will announce the approved list on Friday.
The Lodha panel has on its website released answers to FAQs pertaining to BCCI and state association office-bearers. Among other matters, it clarifies that Sourav Ganguly has to take a three-year cooling-off period from September 2017 and none of the BCCI office-bearers from the body that was dismissed by the court can be involved in cricket administration. The following are highlights:
The committee had stated the 9-year disqualification for office-bearers applied separately to states and BCCI. Does this position continue after the latest SC order?
This has been altered. In view of the order dated Jan 2 as amended on Jan 3, an individual is disqualified as office-bearer of the BCCI/member association if he/she has been an office-bearer of BCCI/member association for 9 years.
Can a disqualified office-bearer act as representative/nominee of a member association/BCCI? Can such an individual discharge any other role in or on behalf of the association or BCCI?
A disqualified office-bearer is no longer to be associated with cricket administration. He/she can’t be a representative/nominee of member association/BCCI, can’t function in any patron or advisory capacity, can’t be a member of a committee/council.
Can elections be conducted in member associations before due amendments are made to their constitutions/bye-laws bringing them in line with the judgment?
There is no bar on elections (subject to court orders). If any election is held which is not consistent with the committee’s report and court order, it will be treated as void and with no legal sanctity. This would necessarily imply that such an election is supervised by an election officer. It would be prudent for such elections to be conducted under the guidance of administrators to be appointed by the Supreme Court.
In a member association, if an individual has occupied the post of assistant secretary, assistant treasurer, director or any other post that is not defined as an ‘office-bearer’ in the report, then will his tenure in those posts be calculated towards the 9-year disqualification?
If the constitution/bye-laws of the member association has defined the post as an office-bearer post, then the tenure of an individual in any of those posts will be reckoned while determining whether the 9-year period has been completed.
Will a member of the governing body, managing committee or working committee of a member association who has never been an office-bearer also have the 9-year disqualification period apply to him?
Such an individual is eligible to contest an office-bearer post, unless the constitution/bye-laws defines office-bearers to include the governing body/managing committee/working committee.
If a member association was earlier an associate/affiliate member of BCCI, and was only recently recognised as full member, will the tenure of office-bearers for 9 years be calculated from the time the association became a full member?
There’s no connection between the type of membership of the association and the eligibility of office-bearers. Regardless of whether the association was a full/associate/affilate member, the entire tenure of the office-bearer will be calculated towards the 9-year period. This will not apply to an association which has never been a BCCI member. Unless he/she has been office-bearer of another affiliated association, the tenure will be calculated from the date of affiliation.
If an individual has been an existing office-bearer in a member association for 2 years, is he eligible to contest for the next elections without the 3-year cooling off period applying to him?
If at the time of election, the existing office-bearer hasn’t completed 3 years, he is eligible to contest. He will not have a full term and have to demit office upon completion of the continuos 3-year period.
atreyo@newindianexpress.com