SC paves way for Sourav Ganguly & Jay Shah to continue as BCCI president & secretary | The Financial Express

SC paves way for Sourav Ganguly & Jay Shah to continue as BCCI president & secretary

A Bench comprising justices DY Chandrachud and Hima Kohli allowed BCCI to carry out amendments into its constitution to relax the cooling-off period requirement for the office-bearers.

SC paves way for Sourav Ganguly & Jay Shah to continue as BCCI president & secretary
“We are of the considered view that the amendment would not dilute the original objective. We accept the proposed amendment…Amendment proposed by BCCI doesn't detract from spirit of our original judgment and is accepted,” the bench said.

The Supreme Court on Wednesday accepted the proposed changes in the Board of Control for Cricket in India’s (BCCI) constitution that will allow its president Sourav Ganguly and secretary Jay Shah to retain their respective terms on the board. It also said that the office-bearers can now have a maximum of 12 years – two three-year terms at state association level and two three-year terms at BCCI — before the cooling-off period can kick in.

Ganguly and Shah’s three-year terms at BCCI were set to expire shortly.

A Bench comprising justices DY Chandrachud and Hima Kohli allowed BCCI to carry out amendments into its constitution to relax the cooling-off period requirement for the office-bearers.

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“We are of the considered view that the amendment would not dilute the original objective. We accept the proposed amendment…Amendment proposed by BCCI doesn’t detract from spirit of our original judgment and is accepted,” the bench said.

An office-bearer can have a continuous tenure of 12 years before the cooling-off period of three years starts. “The purpose of the cooling-off period is not to create undesirable monopolies,” the judges said.

The order came on the BCCI’s application seeking to amend its constitution for doing away with the mandatory cooling-off period for its office-bearers, which would enable Ganguly and Shah to continue in office as president and secretary despite them having completed six years at respective state cricket associations. While Ganguly was an office-bearer in Cricket Association of Bengal, Shah had served in the Gujarat Cricket Association.

Earlier, the SC-appointed Justice RM Lodha committee had recommended reforms in the BCCI, including the mandatory cooling-off period that was approved by the top court. The constitution stipulated a mandatory three-year cooling-off period for anyone who had served two consecutive terms of three years each in the state cricket association or the BCCI.

During the hearing, Solicitor General Tushar Mehta, representing the BCCI, submitted that as per Clause 6 of the approved constitution, a person who has competed one term at the state cricket association level followed by another at the BCCI would have to undergo a three-year cooling off period. He said three years is a very short time period to prove leadership qualities to take the sport forward, asking the SC to modify this provision so that the cooling-off period comes into effect after an office bearer has completed two consecutive terms.

In 2018, the SC had relaxed the cooling-off period norm originally stated in the Lodha Committee’s recommendations. As per the Lodha panel suggestions, an office-bearer at BCCI or the state associations would need to take a three-year break having served one term of three years. However, the Bench which also had Justice Chandrachud as one of the judges had changed the clause to allow an office-bearer to serve two consecutive terms (six years) at the state association or BCCI, or a combination of both, while retaining the maximum tenure of nine years at either state or board.

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