The Asian Age

CoA’s decision is arbitrary and wrong: BCCI lawyer

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Kolkata, Oct. 10: BCCI’s former principal legal advisor Usha Nath Banerjee on Thursday questioned the Committee of Administra­tors’ decision to debar three affiliated units, including Tamil Nadu from attending the Board’s AGM for not amending their Constituti­ons in terms with the BCCI Constituti­on approved by the Supreme Court and termed it “utterly arbitrary and wrong”.

Banerjee said if any state associatio­n is non-compliant of the mandated changes, it can only be deprived of financial grants and benefits for the first year and cannot be stopped from attending the AGM. “Once a state associatio­n is admitted and acknowledg­ed as Full Member, it’s legal and constituti­onal rights of attending General Meetings with voting rights and to seek election cannot be curtailed or taken away by any decision of a group of individual­s, unless visited with arbitrary and illegal decision making process. Even the General Body of BCCI cannot do so,” he said.

“As on date the Apex Court has not passed any order to the effect that if any state associatio­n’s amended Constituti­on appears to be ‘non-compliant’, as felt by the CoA, such associatio­n shall be debarred from attending BCCI AGM and exercise powers of Full Member.

“Therefore, the decision of the CoA, as reported, is utterly arbitrary and wrong. They are not vested with any judicial power. Either they are not properly advised or they are presuming to have illusory powers and abusing their role,” he added.

He further said the CoA is not empowered to take any decision contrary to the Constituti­on.

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