The very contentious Cooling Off time for Board of Control for Cricket in India (BCCI) office holders is presently before the Supreme Court. The BCCI has asked the court for permission to change the terms of its office holders, including the president and secretary, under its constitution. Justice Chandrachud is not giving in to the arguments over the cooling-off time, however, as is the recent pattern. But it is only scheduled for a ruling on Wednesday.
The Supreme Court has vehemently disagreed with BCCI’s justification for lifting the 70-year age limit. The SC rebutted the BCCI’s claim that management and administration need experience by referencing the organisational structures of Cricket Australia and England. “Do you see 75+ individuals handling ECB and CA?” the bench questioned.
The BCCI also requests the elimination of the nine-year cooling-off period. Additionally, BCCI contends that candidates should be permitted to run for office in state organisations during the cooling off period.
“12 years without a cooling-off time is too lengthy. What we can say is that if you have one term in the state legislature and one term in the BCCI, there is no cooling-off period; but, as soon as you hold two terms, there is a cooling-off period,”
The Tamil Nadu Cricket Organization’s Kapil Sibal thinks that the state association and BCCI should have separate cooling-off periods.
However, the Supreme Court bench composed of Justice DY Chandrachud and Hima Kohli may modify its position now that BCCI has Amicas Curae Maninder Singh’s backing. On the second day of the hearing, which is on Wednesday, the bench will once again hear the BCCI attorneys’ arguments.
What advice did BCCI Amicas Curae, a court-appointed expert, offer? “A person should be permitted to serve two consecutive terms, or 6 years, in the BCCI if they had previously held office for a state association for a period of three years before becoming a BCCI office-holder.”
Sourav Ganguly and Jay Shah may serve the BCCI for a further two years without entering a colling-off period if the SC grants their request. Both have served in BCCI for three years after being elected in 2019. Both had held positions in state organisations. Shah served in the Gujarat Cricket Association while Ganguly served as president of the Cricket Association of Bengal.
What can we anticipate from Day 2 of the BCCI vs. Supreme Court conflict?
- For president Sourav Ganguly and secretary Jay Shah to stay in their positions despite the expiration of their respective terms, the BCCI has recommended eliminating the cooling-off period.
- Shah worked for the Gujarat Cricket Association before assuming his current position, while Ganguly presided over the Cricket Association of Bengal.
- The identical issue was heard for the last time in April, but nothing was decided.
- In 2019, the BCCI requested a request to modify its terms, reducing the cooling off time, clarifying conflicts of interest, and altering the criterion for disqualification.
By eliminating the cooling-off period for its office holders, the BCCI hopes to allow Sourav Ganguly and Jay Shah to continue serving as president and secretary of their respective state cricket organisations after serving for six years each.
Solicitor General Tushar Mehta, who was representing the BCCI, was informed by a panel of Justices DY Chandrachud and Hima Kohli that the case will be discussed together with other issues pertaining to the administration of the game. After senior advocate PS Narasimha was elevated to the position of top court judge, the top court asked senior advocate Maninder Singh, who had been appointed amicus curiae in the case, to compile all of the intervention applications and present them to the court so that it could get a quick overview of the issues.
Aditya Verma, the original petitioner who first filed the matter before the highest court, personally showed there and said that there are several irregularities occurring in the Bihar Cricket Association and that its constitution is being amended without the permission of the court. Mehta had previously informed the court that the cricket governing body had filed an application because, in accordance with past rulings, the constitution could only be changed with the permission of the court.
By eliminating the required cooling-off time between office-bearer tenures among state cricket organisations and the BCCI, the BCCI is attempting to modify its constitution with regard to the terms of its office bearers, including President Sourav Ganguly and Secretary Jay Shah. Earlier, the top court adopted the BCCI reform recommendations made by the committee headed by Justice RM Lodha.
Anyone who has served two consecutive terms of three years in the state cricket association or the BCCI is required to serve a three-year cooling-off period under the BCCI constitution, which has been ratified by the highest court. Shah had previously worked for the Gujarat Cricket Association, whilst Ganguly was an office holder in the Cricket Association of Bengal.
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