Plight at the end of tunnel for BCCI as Supreme Court approves former's draft constitution

Despite Supreme Court breather, BCCI faces daunting task of finding eligible candidates as cooling-off clause leaves most officials ineligible to contest elections.
BCCI acting president CK Khanna, left, with acting secretary Amitabh Choudhary (File|PTI)
BCCI acting president CK Khanna, left, with acting secretary Amitabh Choudhary (File|PTI)

CHENNAI: The BCCI for nearly two years had been contesting the reform recommendations made by the Lodha panel. On Thursday, a Supreme Court bench headed by Chief Justice Dipak Misra with AM Khanwilkar and DY Chandrachud offered the board mandarins a breather by diluting some key points made by the Lodha panel.

The board was against the one-state-one-vote clause. It’s gone. Members wanted the cooling-off period relaxed. It was granted. They wanted voting rights for Railways, Services and Universities. It was accepted. They wanted a five-member selection committee instead of three. That too was done.

But, this is where the good feeling ends. Though the order may seem diluted in certain key areas, almost everyone with some experience in administration or to have occupied a chair in BCCI will be ineligible for the elections at the upcoming annual general meeting.

“We are compiling a list of who all are ineligible,” is how one BCCI office-bearer puts it. None to have held office in recent times are eligible. Most of them have to take the cooling-off break for being in office for two terms either in BCCI or their state associations.

Acting president CK Khanna, secretary Amitabh Choudhary, treasurer Anirudh Chaudhry and some of the experienced officials like Anurag Thakur, Rajeev Shukla, Brijesh Patel are all ruled out. With the Supreme Court not relaxing the age-limit, those above 70 like Sharad Pawar, N Srinivasan, Niranjan Shah and G Gangaraju are already ineligible.

“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,” the court said in its order on Thursday.

This is what worries BCCI. 

“If you compare this with the previous order, it might seem diluted. But this doesn’t change anything drastically. They have altered the cooling-off period because continuity is important. But now we have the biggest challenge. We need to get house in order in 60 days. With so many experienced individuals ruled out, we need to find able persons who can run the show smoothly. It is not going to be a smooth transition because once you implement the order, you need to get many things in place. For a year-and-a-half, the board hasn’t functioned as well as it should have. We have begun looking for eligible candidates,” a BCCI official told Express on condition of anonymity.

What makes their search more difficult is that even state associations have to look for fresh faces. Most units have seen their office-bearers stay for more than the stipulated period. They have to sit out because of the cooling-off rule. Once the draft constitution is passed, state bodies will elect office-bearers, following which an AGM will be called to elect a new regime.

Registration in 30 days

The BCCI CEO shall submit the new constitution to the Registrar of Societies under the Tamil Nadu Societies Registration Act and report compliance to the Secretary-General of the court in four weeks. Upon registration, state units shall undertake registration of their constitutions on similar lines in 30 days thereafter. AGM and elections under an Electoral Officer can be held after that.

New order in store

On Thursday, the decisions taken by the Dipak Misra-led Supreme Court bench gave BCCI some respite. Express takes a detailed look at how these modifications will affect the functioning of the nation’s top cricketing body... 

Respite for West bloc

SC:  Having due regard to the contributions made by Mumbai and Vidarbha in the state of Maharashtra and by Baroda and Saurashtra in the state of Gujarat to the game of cricket, it would be appropriate to also grant them full membership of the BCCI.

What it means: West bloc remains undisturbed. All 6 units retain voting rights. In the last few elections, this was a decisive number in a house of 31. With the house’s strength revised to 34, these units can still influence outcomes if they stay together.

Cooling-off break

SC: An office-bearer who has held any post for 2 consecutive terms (6 years) 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 3 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.

What it means:  One can seek re-election instead of taking cooling-off break after 1 term of 3 years. But a 3-year break is compulsory after 2 terms. This leaves experienced heads, including acting BCCI secretary Amitabh Choudhary and treasurer Anirudh Chaudhry, ineligible.

Cricketers to vote

SC: The amendment proposed by the amicus for Railways shall be suitably modified to also cover Services and the Association of Indian Universities. The representative shall be a former cricketer who has played for them and is elected by an association of former players and not a person nominated by the government/sports control board.

What it means: This guarantees that at least 3 cricketers would be voting at BCCI elections. Traditionally, representatives of these units had been officials/nominees of the respective sports boards. It’s to be seen, though, how the Universities voter is chosen. Unlike Railways & Services, they don’t field teams in domestic cricket.

NCC, CCI toothless

SC: We maintain the decision not to grant status of full members to National Cricket Club and the Cricket Club of India. Neither of the two fields teams in Ranji Trophy. They cannot be placed at par with other state associations.

What it means: The NCC had always voted for late BCCI president Jagmohan Dalmiya and sided with Cricket Association of Bengal. This reduces CAB’s strength. The CCI had generally gone with the motion. So that’s minus one for whoever is the ruling group.

Disqualification guideline

SC: A person shall be disqualified from being an office bearer, member of 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 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.
(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.

What this means: No way back for those who have crossed the age of 70. Examples are N Srinivasan and Niranjan Shah.

Apex Council:

  1. A 9-member Apex Council will be responsible for the administration of BCCI.
  2. Basically, it replaces the BCCI’s working committee.
  3. It will consist of CEO, CFO and 2 other officers recruited on a transparent & professional basis + 5 (president, vice-president, secretary, joint secretary, treasurer, a member) elected by the general body.
  4. It’s not clear whether the general body would still remain the decision-making body. BCCI members are of the opinion this creates more grey areas.

Venkatakrishna@newindianexpress.com

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