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BCCI requests SC to urgently hear plea to allow amendment of Constitution
The application, which has been pending in the top court for over two years, seeks an extended tenure for its President Sourav Ganguly and Secretary Jay Shah among a slew of other amendments to the Supreme Court-approved Constitution.
The Board of Control for Cricket in India (BCCI) approached the Supreme Court on Friday for getting an urgent hearing on its application pending in the top court for over two years seeking an extended tenure for its President Sourav Ganguly and Secretary Jay Shah among a slew of other amendments to the Supreme Court-approved Constitution for the cricket body.
Appearing before a bench of Chief Justice of India (CJI) NV Ramana and justice Krishna Murari, senior advocate PS Patwalia representing BCCI sought the listing of the application as the matter has been hanging fire since May 2020. He informed the Court that the matter was last heard on April 16 last year by a bench headed by Justice L Nageswara Rao who retired in June this year.
Patwalia said, “The application was filed two years ago and it came up in April (last year) where a direction was passed to list it after two weeks. The amendments are still in the pipeline and remain pending till date.” He asked the CJI to consider listing the matter as the same will require a new presiding judge on account of Justice Rao’s retirement. The amicus who assisted the top court in this matter – senior advocate PS Narasimha – was elevated as a judge of the Supreme Court in August last year.
CJI Ramana said, “We will consider if it can be listed next week,” responding to Patwalia’s request.
The application filed by BCCI is crucial to the continuation of both Ganguly and Shah. Both were appointed for a nine-month tenure at BCCI in October 2019.
As per the BCCI Constitution framed by former CJI RM Lodha-led Committee, Rule 6.4 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 has earlier been Joint Secretary and President of the Cricket Association of Bengal (CAB) while Shah has been an office bearer of Gujarat Cricket Association since 2013.
The cooling-off period would apply to both and for this reason, the Annual General Meeting (AGM) of the BCCI met on December 1, 2019 and approved changes to Rule 6.4 that now reads as follows: “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 in 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 rule proposed by Justice Lodha Committee, disqualification would follow at the “framing of charges” stage in any criminal offence.
The application also seeks amendments to other rules relating to functions and powers of Secretary and superintendence of BCCI’s Apex Council. The amendments in the pipeline also seek to allow BCCI Secretary to exercise powers in relation to “cricketing and non-cricketing matters” with the respective management personnel and the CEO to report to him on a regular basis.
Even for instituting or defending any action or proceedings for or against BCCI, the Apex Council will do so through Secretary, the BCCI application stated.
Another crucial change for which BCCI seeks Court’s nod is an amendment to Rule 45 in order to do away with the requirement of getting the Supreme Court’s nod for giving effect to any amendment to the rules or regulations of BCCI.
This, in effect, seeks to shift the control over BCCI from the top court to the cricket body, which would get a free hand to amend or repeal any portion of the BCCI Constitution by a three-fourth majority vote by members at the AGM or General Body of the BCCI.
