05 November 2018 last updated at 12:35 GMT
 
State officials should be appointed through High Court: CoA
Monday 21 May 2018

State officials should be appointed through High Court: CoA
CoA reckons where the state office-bearers have completed their three-year term or nine-year tenure
The Committee of Administrators (CoA) reckons that administrators should be appointed through the concerned High Court in state cricket associations, where the office-bearers have completed their three-year term or nine-year tenure. The Supreme Court-appointed Committee has sent communications to the state units in the light of “certain developments including but not limited to” the hearings before the apex court on May 1 and 11.
“Where the term/tenure of the current office bearers of a State Association is over and/or elections are due, the concerned Hon’ble High Court may be approached either by the said State Association itself and/or any member thereof for appointment of an administrator to administer the affairs of the said State Association pending elections,” the CoA said in its mail to the state associations.
The Committee has advised this one the heels of the submissions made by the Amicus Curiae, Gopal Subramanium, before the court. The CoA missive said, while the submissions are expected to be deliberated by the court on July 5, “it is noteworthy that the said submissions contemplate a direction by the Hon’ble Supreme Court that the affairs of each of the State Associations be administered by an administrator to appointed by the concerned Hon’ble High Court till the time fresh, free, fair and untainted elections are conducted”. Four state associations – Delhi, Mumbai, Hyderabad and Jammu & Kashmir – are already being helmed by administrators.
Elections are due in many state associations. Some office-bearers, like Sourav Ganguly at the Cricket Association of Bengal (CAB) for example, have completed three years in office. As per the Lodha Committee recommendation, accepted by the Supreme Court in its July 18, 2016 order, a three-year cooling-off period should follow every three-year term in office (three terms maximum). Following the apex court directive, however, state bodies have submitted a fresh set of suggestions to the draft BCCI constitution and objected to the cooling-off clause.
Also, the Supreme Court in its May 1 order directed the state bodies not to hold elections until it finalises the draft BCCI constitution prepared by the CoA. The state associations will have to change their respective constitutions to be in sync with the cricket board’s constitution. The CoA, though, has said administrators should be appointed to run the state bodies pending elections.
“It would not be appropriate for any State Association (including any State Association that has or may hereafter be declared compliant for the purpose of receiving funds from BCCI in terms of the orders dated 7th October 2016 and 21st October 2016 passed by the Hon’ble Supreme Court) to conduct elections until the New BCCI Constitution is finalized/approved by the Hon’ble Supreme Court and an administrator is appointed by the concerned Hon’ble High Court to administer the affairs of the said State Association pending elections,” the CoA mentioned.
Meanwhile, going back on its earlier stance with regard to giving state association memberships to former international players, the CoA has now said all ex-internationals have to be incorporated into their respective associations as voting members. “It is mandatory for all State Associations (including those which have only representatives of district associations or clubs as voting members in the General Body) to grant membership with voting rights to former international players (men and women) hailing from the State,” the CoA mail said, adding that this should be done “prior to conduct of elections such that they shall be entitled to vote in the said elections”. Earlier, the CoA had expressed the view that state associations that have only the representatives of the clubs or district units as voting members, can grant memberships to former international cricketers without voting rights. The Committee has spoken about receiving “several representations/complaints” from ex-international cricketers from various states, stressing that ‘membership without voting rights is akin to no membership at all’.

The Committee of Administrators (CoA) reckons that administrators should be appointed through the concerned High Court in state cricket associations, where the office-bearers have completed their three-year term or nine-year tenure. The Supreme Court-appointed Committee has sent communications to the state units in the light of “certain developments including but not limited to” the hearings before the apex court on May 1 and 11.

“Where the term/tenure of the current office bearers of a State Association is over and/or elections are due, the concerned Hon’ble High Court may be approached either by the said State Association itself and/or any member thereof for appointment of an administrator to administer the affairs of the said State Association pending elections,” the CoA said in its mail to the state associations.

The Committee has advised this one the heels of the submissions made by the Amicus Curiae, Gopal Subramanium, before the court. The CoA missive said, while the submissions are expected to be deliberated by the court on July 5, “it is noteworthy that the said submissions contemplate a direction by the Hon’ble Supreme Court that the affairs of each of the State Associations be administered by an administrator to appointed by the concerned Hon’ble High Court till the time fresh, free, fair and untainted elections are conducted”. Four state associations – Delhi, Mumbai, Hyderabad and Jammu & Kashmir – are already being helmed by administrators.

Elections are due in many state associations. Some office-bearers, like Sourav Ganguly at the Cricket Association of Bengal (CAB) for example, have completed three years in office. As per the Lodha Committee recommendation, accepted by the Supreme Court in its July 18, 2016 order, a three-year cooling-off period should follow every three-year term in office (three terms maximum). Following the apex court directive, however, state bodies have submitted a fresh set of suggestions to the draft BCCI constitution and objected to the cooling-off clause.

Also, the Supreme Court in its May 1 order directed the state bodies not to hold elections until it finalises the draft BCCI constitution prepared by the CoA. The state associations will have to change their respective constitutions to be in sync with the cricket board’s constitution. The CoA, though, has said administrators should be appointed to run the state bodies pending elections.

“It would not be appropriate for any State Association (including any State Association that has or may hereafter be declared compliant for the purpose of receiving funds from BCCI in terms of the orders dated 7th October 2016 and 21st October 2016 passed by the Hon’ble Supreme Court) to conduct elections until the New BCCI Constitution is finalized/approved by the Hon’ble Supreme Court and an administrator is appointed by the concerned Hon’ble High Court to administer the affairs of the said State Association pending elections,” the CoA mentioned.

Meanwhile, going back on its earlier stance with regard to giving state association memberships to former international players, the CoA has now said all ex-internationals have to be incorporated into their respective associations as voting members. “It is mandatory for all State Associations (including those which have only representatives of district associations or clubs as voting members in the General Body) to grant membership with voting rights to former international players (men and women) hailing from the State,” the CoA mail said, adding that this should be done “prior to conduct of elections such that they shall be entitled to vote in the said elections”. Earlier, the CoA had expressed the view that state associations that have only the representatives of the clubs or district units as voting members, can grant memberships to former international cricketers without voting rights. The Committee has spoken about receiving “several representations/complaints” from ex-international cricketers from various states, stressing that ‘membership without voting rights is akin to no membership at all’.

(Courtesy: The Indian Express)

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