As the apex court’s decision on Wednesday to adjourn the final hearing of the BCCI’s Plea To Amend Its Constitution, Thursday has gathered more prominence as it can decide the future of some of the leading heavyweights of the apex board.
Post Harish Salve, the senior advocate appearing on behalf of BCCI, sought adjournment the bench comprising of Chief Justice NV Ramana and Justices Krishna Murari and Hima Kohli postponed further hearings of the petition to Thursday.
The final call, in this case, would be a deciding factor for BCCI president Sourav Ganguly’s and secretary Jay Shah’s continuation as office-bearers with BCCI. If the court decides against the proposal to amend the constitution, then Ganguly and Shah would be compelled to step aside.
What led BCCI to file a plea?
The issue of amending the BCCI constitution has knocked Supreme Court’s door considering the existing clause “cooling-off” period. The BCCI has approached the court with an intention to water down the cooling-off clause for office-bearers.
The plea was filed two and half years ago and the Supreme Court was supposed to hear the matter in July 2020, via video conferencing, before a Bench comprising then Chief Justice of India (CJI) Justice SA Bobde and Justice L Nageswara Rao.
The India Express reported that but it didn’t take place. “The matter was unresolved during the April 16, 2021 hearing last year as well. Both Justice Bobde and Justice Nageswara Rao have retired, while the amicus curiae, PS Narasimha, has been elevated as a judge”.
What is the “cooling-off” clause?
According to the BCCI constitution, “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.”
Considering the amount of time spent as office-bearers by Ganguly and Shah, the clause reiterates for them to step aside. Ganguly became the joint secretary of the Cricket Association of Bengal in 2014. After becoming the state association president a year later, he became the BCCI’s chief in October 2019.
As per the constitution, Ganguly’s six-year term as an office-bearer ended in 2020. Meanwhile, Shah started his journey with BCCI in 2013 by receiving an appointment as an office-bearer of the Gujarat Cricket Association 2013. He moved to the BCCI as its secretary six years later.
Also, joint secretary Jayesh George, who has already completed six years in state associations and cricket board combined, will end their six-year term in August 2020. Going by the constitution, the current office-bearers need to vacate their posts for a mandatory lay-off before the next Annual General Meeting (AGM) is scheduled.
