BCCI plea to SC seeks full terms for Ganguly, Shah
NEW DELHI: The Board of Control for Cricket in India (BCCI) has filed an application in the Supreme Court that seeks extended tenures for president Sourav Ganguly and secretary Jay Shah and some tweaks in the constitution. Appointed for nine months last October, both will have to step down by July as per BCCI constitution clause 6.4 that states, “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.”
Ganguly was earlier joint secretary and president of the Cricket Association of Bengal (CAB) while Shah was an officebearer in the Gujarat Cricket Association from 2013 before taking over the BCCI post.
The cooling-off period would apply to both and because of this BCCI’s AGM on December 1, 2019 approved changes to the Rule 6.4 that now reads: “A President or Secretary who has served in such position for two consecutive terms in the BCCI shall not be eligible to contest any further election without completing a cooling- off period of three years.”
Another key amendment is to Rule 6.5 which disqualifies an office-bearer of BCCI only upon conviction under an offence punishable with a term of three years or more. Under the existing rule, he or she would be disqualified at the stage of ‘framing of charges’ in any criminal offence.
Another notable aspect in the application is for the implementation of amendments to Rule 7.3 (functions and powers of secretary) and Rule 15(3)(4) that specifies the supremacy of BCCI’s apex council. The rule now reads that the apex council shall exercise ‘superintendence’ over the CEO, cricket committees and standing committees through the secretary.
In addition, changes in Rule 7.3 will allow the board secretary to exercise powers relating to ‘cricketing and non-cricketing matters’ with the respective management personnel and CEO will report to him on a regular basis. All staff and personnel of BCCI will work under the supervision of the secretary. Even for instituting or defending any action or proceedings for or against BCCI, the apex council will have to go through the secretary.
An amendment to Rule 45 has done away with the requirement of getting the Supreme Court’s nod for any amendment to the rules or regulations of BCCI to take effect.
If the BCCI application gets the Supreme Court’s approval, any portion of the board’s constitution can be amended or repealed by a three-fourth majority vote by members at the BCCI’s AGM or general body. Arguing in favour of allowing these amendments, BCCI contented that the draft constitution was prepared by persons who had no ground level experience of how BCCI functions under a three-tier structure comprising district, state and BCCI. It also says BCCI did not have an elected general body when the constitution came into effect.