24 November 2017 last updated at 14:36 GMT
 
CoA asks SC to dismiss all petitions
Thursday 23 March 2017

CoA asks Supreme Court to dismiss all petitions
Taking a serious note of a number of petitions filed by some BCCI associations in the Supreme Court, the BCCI-Committee of Administrators has told the apex court in its second status report that “It appears to the CoA that the applications are part of the modus operandi of State/Member associations to stall the implementation of the (administrative) reforms in some pretext or the other. Accordingly the CoA requests this Hon’ble Court to dismiss the same. Certain State Associations seeking that they be heard on the implementation of the reforms’’ (authored by the Justice Lodha Committee) ought to be dismissed in limine.”
The CoA has further said: “In fact several State Associations did intervene in the matter before this Hon’ble Court and were heard prior to the judgment being passed (on July 18, 2016). In view thereof, the above applications are nothing but an attempt to re-agitate issues that have already been adjudicated upon.”
On the subject of some associations seeking permission from the Supreme Court to convene a Special General Meeting (SGM) to discuss the proposed changes in the ICC governance and financial structure, the CoA has conveyed to the apex court that the associations have not complied with several orders of the court and said: “Seeking to convene/attend a SGM of BCCI is an attempt to deflect attention from their non-compliance. It is also an attempt to seek legitimacy where none exists by showing that they can continue to participate in SGMs despite not having complied with the aforesaid orders of this Hon’ble Court, which is extremely unfortunate.”
Going specifically into the ICC matter, the CoA has drawn the attention of the Supreme Court to the BCCI SGM of February 19, 2016, wherein the State associations’(including those who have filed applications) representatives discussed the ICC governance and financial structure in detail. 
The CoA has extracted a relevant part of the SGM minutes attributing Shashank Manohar (BCCI president and ICC chairman then) that states: “While it is correct that the BCCI should get a greater share of money based on the fact that 70% of the media rights revenue comes from India, we must also remember that the (cricket boards of) Pakistan, Sri Lanka, Bangladesh, Zimbabwe and South Africa had always supported India in good and bad times. A revision of the financial structure by which the BCCI gets a major share and the other boards also enough to help them develop and promote their cricket should be welcomed. It is important for the BCCI to ensure that cricket grows in all the member countries for the future of this game and the BCCI should take care of the member Boards who have always stood by it.”
The CoA has further added a SGM resolution that says: “The Hon. President and Hon. Secretary be authorised to negotiate the financial structure approved in 2014 keeping in mind the larger interest of the BCCI.”
The CoA has also told the Supreme Court that it has discussed the ICC matter with the professional management of the BCCI, competent legal people to ensure that the BCCI’s interests are protected and that it would welcome suggestions from State associations and people who have knowledge on the particular matter.
Finally the CoA has urged the Supreme Court to (1) issue appropriate directions for formal adoption of the MOU, rles and rgulations of the BCCI that is required to be adopted to implement the reforms and (2) pass such other or further orders as this Hon’able Court deems appropriate in the facts and circumstances.

Taking a serious note of a number of petitions filed by some BCCI associations in the Supreme Court, the BCCI-Committee of Administrators has told the apex court in its second status report that “It appears to the CoA that the applications are part of the modus operandi of State/Member associations to stall the implementation of the (administrative) reforms in some pretext or the other. Accordingly the CoA requests this Hon’ble Court to dismiss the same. Certain State Associations seeking that they be heard on the implementation of the reforms’’ (authored by the Justice Lodha Committee) ought to be dismissed in limine.”

The CoA has further said: “In fact several State Associations did intervene in the matter before this Hon’ble Court and were heard prior to the judgment being passed (on July 18, 2016). In view thereof, the above applications are nothing but an attempt to re-agitate issues that have already been adjudicated upon.”

On the subject of some associations seeking permission from the Supreme Court to convene a Special General Meeting (SGM) to discuss the proposed changes in the ICC governance and financial structure, the CoA has conveyed to the apex court that the associations have not complied with several orders of the court and said: “Seeking to convene/attend a SGM of BCCI is an attempt to deflect attention from their non-compliance. It is also an attempt to seek legitimacy where none exists by showing that they can continue to participate in SGMs despite not having complied with the aforesaid orders of this Hon’ble Court, which is extremely unfortunate.”

Going specifically into the ICC matter, the CoA has drawn the attention of the Supreme Court to the BCCI SGM of February 19, 2016, wherein the State associations’(including those who have filed applications) representatives discussed the ICC governance and financial structure in detail. 

The CoA has extracted a relevant part of the SGM minutes attributing Shashank Manohar (BCCI president and ICC chairman then) that states: “While it is correct that the BCCI should get a greater share of money based on the fact that 70% of the media rights revenue comes from India, we must also remember that the (cricket boards of) Pakistan, Sri Lanka, Bangladesh, Zimbabwe and South Africa had always supported India in good and bad times. A revision of the financial structure by which the BCCI gets a major share and the other boards also enough to help them develop and promote their cricket should be welcomed. It is important for the BCCI to ensure that cricket grows in all the member countries for the future of this game and the BCCI should take care of the member Boards who have always stood by it.”

The CoA has further added a SGM resolution that says: “The Hon. President and Hon. Secretary be authorised to negotiate the financial structure approved in 2014 keeping in mind the larger interest of the BCCI.”

The CoA has also told the Supreme Court that it has discussed the ICC matter with the professional management of the BCCI, competent legal people to ensure that the BCCI’s interests are protected and that it would welcome suggestions from State associations and people who have knowledge on the particular matter.

Finally the CoA has urged the Supreme Court to (1) issue appropriate directions for formal adoption of the MOU, rles and rgulations of the BCCI that is required to be adopted to implement the reforms and (2) pass such other or further orders as this Hon’able Court deems appropriate in the facts and circumstances.

Courtesy: The Hindu

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