While the decision actually paves the way for BCCI President Sourav Ganguly and Secretary Jay Shah to continue for a second consecutive term, although there is a strong buzz that new elections could be in sight, the order must be properly understood.
Timesofindia.com is here to make it simple to understand.
WHAT RULE WAS EARLIER
Before dissecting the SC’s latest decision on the matter, it’s worth noting that the Supreme Court has changed its own 2018 decision.
In 2018, the SC, based on the recommendations of Judge Lodha’s panel, ruled that…
1) a board member must undergo a three-year cooling-off period after two consecutive terms – whether with a state association or with BCCI or even cumulative, i.e. the first three years with BCCI and the next three years with a state association, or vice versa.
Now, this clause of the 2018 amendment to the Constitution did not allow Ganguly and Shah to continue as President and Secretary of BCCI, respectively, as both had been members of the Board of State Cricket Associations of the Bengal and Gujarat before being elected to the BCCI. desks.
(BCCI Chairman Sourav Ganguly talks to Board Secretary Jay Shah – TOI Photo)
WHAT THE NEW RULE SAYS
To counter this eventuality, the BCCI, during its annual general meeting in December 2019, unanimously adopted resolutions to amend the Constitution. This request was pending approval by the SC, which took place on September 14, 2022.
Now that the proposed amendment bears the SC seal, it allows the president, secretary and officers of BCCI to serve two consecutive six-year terms on the board even if they had served three years in state associations immediately prior to entering BCCI.
THE AMENDED WITHDRAWAL CLAUSE
If a person has served two consecutive terms in a state association, then:
1) He/She cannot participate in state association polls until after a three-year cooling-off period.
2) He/She can, however, still stand for BCCI elections and serve two more terms at “national level” after being elected, before the cooling-off period becomes applicable.
The SC, however, maintained the nine-year cap for consecutive terms as a cricket administrator. This ceiling also applies in conjunction with state associations and/or as agents of BCCI. After nine consecutive years as a cricket administrator, the cooling-off period will become mandatory.
The latest amendments decided by the SC to the Constitution of the BCCI…
1) will allow administrators of other sports federations in India to be part of BCCI or state cricket associations
2) will also allow officials working with UAPs, except ministers and bureaucrats, to be part of the administration of cricket at state or national level
3) will only prevent people from being part of the cricket administration who have been convicted in court and imprisoned for charges against them