LATEST LODHA FAQS

Can elections be conducted for the Member Associations before the due amendments are made to their Constitutions / Bye-laws bringing them in line with the judgment?

While there is no bar to the holding of elections [subject to orders of any court], if any election is held which is inconsistent with the Committee’s report and the judgment of the Supreme Court, then the same will be treated as void and with no legal sanctity. This would also necessarily imply that such an election is supervised by an election officer as prescribed under the recommendations.

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. In a State/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 state/member association has defined the post [assistant secretary, assistant treasurer, director, etc.,] 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. For example, in an association where the constitution refers to the assistant treasurer as an office bearer, if a person has occupied that post for 3 years and also been secretary for 6 years, he stands disqualified. Will a member of the Governing Body, Managing Committee or Working Committee of a State/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 or bye-laws of the association defines office bearers to include the governing body/ managing committee/ working committee members. As per the first set of FAQs [6.9.2016], the Committee had stated that the 9 year disqualification for Office Bearers applied separately to offices in the State and offices in the BCCI. Does this position continue after the Supreme Court’s order dated 2.1.2017 and 3.1.2017?

This position has been now altered. In view of the order dated 2.1.2017 as amended by the order dated 3.1.2017, an individual is disqualified from being the office bearer of the BCCI or the state/member association if he/she has been an office bearer of the BCCI or the state/member association for 9 years. For example, one who has been the office bearer of a state association for 9 years is disqualified from returning to cricket administration, either at the BCCI or at any state association. Can a disqualified Office Bearer act as the representative/nominee of a Member Association or the BCCI? Can such an individual discharge any other role in or on behalf of the Association or the BCCI?

In keeping with the spirit of the hon’ble Supreme Court’s judgment, a disqualified office bearer is no longer to be associated with cricket administration. He / she is disqualified from being a representative or nominee of the member association or the BCCI and cannot discharge any other role in or on behalf of the association or the BCCI. He/she cannot function within the association in any patron or advisory capacity nor be a member of a committee or council.