18 April 2017 last updated at 06:09 GMT
 
'CoA cannot override BCCI rules'
Tuesday 28 March 2017

'CoA cannot override BCCI rules and regulations'
The BCCI office bearers are likely to go ahead with SGM on April 9.
The BCCI’s acting President, C.K.Khanna, Jt. Secretary (discharging the duties of the Secretary), Amitabh Chadhary and Anirudh Chaudhry (Treasurer) have told the BCCI Chief Executive Officer Rahul Johri  that the "Directions issued by the Committee of Administrators (CoA) cannot override the extant rules and regulations of the BCCI." The three have indicated that they are likely to ahead with the Special General Meeting convened at New Delhi on April 9.
The following is their response to the Directions issued by the CoA.
We had earlier today sent an email stating that we would be responding to the second email of yesterday sent to us by you at about 9.45 PM and put up on the website late last evening comprising certain directions issued by you. Further, post our discussions held today at Sofitel, BKC, Mumbai we wish to draw your attention to the following:
1. As per the order of the Hon’ble Supreme Court dated the 2nd January 2017, the elected office bearers are required to carry out their duties.
2. The duties referred to in the order pertain to duties that are stipulated in the Rules and Regulations of the BCCI.
3. It is our understanding, on the basis of legal advice received regarding the orders of the Hon’ble Supreme Court that the directions which the CoA has been empowered to issue cannot override the extant Rules and Regulations of the BCCI.
4. With regard to direction 1, the Acting President BCCI, on the request of a majority of the members of BCCI had instructed the Acting Secretary yesterday i.e. 26.03.2017 to call for a Special General Meeting specifying even the agenda, pursuant to which a meeting notice was issued by Acting Secretary yesterday, copy of which had been sent to you.
With regard to the request for change in date of the SGM made in today’s meeting as well as in the subsequent email, the same can hardly be effected by us in view of the nature of the requisition by a majority of the General Body and its notice having already been issued to over three dozen members. However, all arrangements for attending the meeting via Video Conferencing will be made for all members of the CoA in case any one of them is not able to attend the meeting in person. Additionally, in view of your wishes for deferment of the NCA Board, the undersigned Acting Secretary conferred with the Chairman of the NCA Board and succeeded in having the meeting adjourned to another date.
5. On the issue of representation of BCCI in all legal matters as referred to by the CoA, it is the Honorary Secretary who is authorized under the BCCI Rules and the undersigned will be required to sign all legal papers for and on behalf of the BCCI.
Further, as regards representation in the Supreme Court in the ongoing matter, the CoA is already being represented by a set of lawyers as has also been noted by the Hon’ble Supreme Court in the order-dated 24.03.2017. The Hon’ble Court was also informed on the said date that the Office Bearers or the BCCI per se are not being represented before the Hon’ble Court. It is thus expedient that a separate set of lawyers represent the BCCI.
6. On direction 6, it is inconceivable that the decisions of a committee or the general body be made known to the CoA in advance of the very event. However, the undersigned can assure you that the decisions of the General Body will undoubtedly be in line with the best interests of the BCCI and would not be in violation of Court orders.
7. On direction 7, we are in complete agreement with the view of the CoA's that all matters be kept confidential. However, there has to be parity in confidentiality. Accordingly, the directions issued last night could have just been communicated to us instead of having been uploaded on the BCCI’s website for the papers to carry them extensively today. On the other hand, there have also been interviews where member associations have been criticized publicly while they are before the Hon’ble Supreme Court seeking appropriate directions and are subject to the jurisdiction of the Hon’ble Supreme Court. We would also like to bring to your attention the fact that the proposed constitution as put up on the website has been unfortunately put in a way that has misled a substantial part of the cricket fraternity into believing that the same has been adopted and brought into force which is admittedly not the case.
8. We, as elected office bearers, have a responsibility to follow the Rules and Regulations of the BCCI as well as act as per the orders of the Hon’ble Supreme Court.
9. Further, as pointed out to you today, there is no order of the Hon’ble Supreme Court that disqualifies any person from being a member of any Committee of the BCCI or to represent the BCCI or any of its members on account of being over the age of 70. The disqualifications as per the orders of the Hon’ble Court are only for becoming Office Bearers of the BCCI or the State Cricket Associations.
Our intention is to work with the CoA in an amicable and constructive manner whilst exercising our duties. As discussed with you earlier today, we shall be working with you in the best interests of the BCCI. 
Yours Truly,
C K Khanna
Anirudh Chaudhry
Amitabh Choudhary.

The BCCI’s acting President, C.K.Khanna, Jt. Secretary (discharging the duties of the Secretary), Amitabh Chadhary and Anirudh Chaudhry (Treasurer) have told the BCCI Chief Executive Officer Rahul Johri  that the "Directions issued by the Committee of Administrators (CoA) cannot override the extant rules and regulations of the BCCI." The three have indicated that they are likely to ahead with the Special General Meeting convened at New Delhi on April 9.

The following is their response to the Directions issued by the CoA.

We had earlier today sent an email stating that we would be responding to the second email of yesterday sent to us by you at about 9.45 PM and put up on the website late last evening comprising certain directions issued by you. Further, post our discussions held today at Sofitel, BKC, Mumbai we wish to draw your attention to the following:

1. As per the order of the Hon’ble Supreme Court dated the 2nd January 2017, the elected office bearers are required to carry out their duties.

2. The duties referred to in the order pertain to duties that are stipulated in the Rules and Regulations of the BCCI.

3. It is our understanding, on the basis of legal advice received regarding the orders of the Hon’ble Supreme Court that the directions which the CoA has been empowered to issue cannot override the extant Rules and Regulations of the BCCI.

4. With regard to direction 1, the Acting President BCCI, on the request of a majority of the members of BCCI had instructed the Acting Secretary yesterday i.e. 26.03.2017 to call for a Special General Meeting specifying even the agenda, pursuant to which a meeting notice was issued by Acting Secretary yesterday, copy of which had been sent to you.

With regard to the request for change in date of the SGM made in today’s meeting as well as in the subsequent email, the same can hardly be effected by us in view of the nature of the requisition by a majority of the General Body and its notice having already been issued to over three dozen members. However, all arrangements for attending the meeting via Video Conferencing will be made for all members of the CoA in case any one of them is not able to attend the meeting in person. Additionally, in view of your wishes for deferment of the NCA Board, the undersigned Acting Secretary conferred with the Chairman of the NCA Board and succeeded in having the meeting adjourned to another date.

5. On the issue of representation of BCCI in all legal matters as referred to by the CoA, it is the Honorary Secretary who is authorized under the BCCI Rules and the undersigned will be required to sign all legal papers for and on behalf of the BCCI.

Further, as regards representation in the Supreme Court in the ongoing matter, the CoA is already being represented by a set of lawyers as has also been noted by the Hon’ble Supreme Court in the order-dated 24.03.2017. The Hon’ble Court was also informed on the said date that the Office Bearers or the BCCI per se are not being represented before the Hon’ble Court. It is thus expedient that a separate set of lawyers represent the BCCI.

6. On direction 6, it is inconceivable that the decisions of a committee or the general body be made known to the CoA in advance of the very event. However, the undersigned can assure you that the decisions of the General Body will undoubtedly be in line with the best interests of the BCCI and would not be in violation of Court orders.

7. On direction 7, we are in complete agreement with the view of the CoA's that all matters be kept confidential. However, there has to be parity in confidentiality. Accordingly, the directions issued last night could have just been communicated to us instead of having been uploaded on the BCCI’s website for the papers to carry them extensively today. On the other hand, there have also been interviews where member associations have been criticized publicly while they are before the Hon’ble Supreme Court seeking appropriate directions and are subject to the jurisdiction of the Hon’ble Supreme Court. We would also like to bring to your attention the fact that the proposed constitution as put up on the website has been unfortunately put in a way that has misled a substantial part of the cricket fraternity into believing that the same has been adopted and brought into force which is admittedly not the case.

8. We, as elected office bearers, have a responsibility to follow the Rules and Regulations of the BCCI as well as act as per the orders of the Hon’ble Supreme Court.

9. Further, as pointed out to you today, there is no order of the Hon’ble Supreme Court that disqualifies any person from being a member of any Committee of the BCCI or to represent the BCCI or any of its members on account of being over the age of 70. The disqualifications as per the orders of the Hon’ble Court are only for becoming Office Bearers of the BCCI or the State Cricket Associations.

Our intention is to work with the CoA in an amicable and constructive manner whilst exercising our duties. As discussed with you earlier today, we shall be working with you in the best interests of the BCCI. 

Yours Truly,

C K Khanna

Anirudh Chaudhry

Amitabh Choudhary.

Courtesy: The Hindu

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