BCCI has to implement cooling off period rule: Former chairman of COA Vinod Rai
Even as the BCCI office-bearers are waiting for the Supreme Court’s nod to relax the mandatory cooling-off period of three years after two consecutive three-year terms in office, former chairman of the Committee of Administrators (CoA) Vinod Rai made it clear that it would be a herculean task to stay the Supreme Court order which was passed almost two years ago.
If it is so, it means that the BCCI would have to call for fresh elections to elect a new president in place of incumbent Sourav Ganguly, whose term ends on July 27. The board will also have to elect a secretary in place of Jay Shah, whose term has already ended.
In a Facebook chat with Sportskeeda on Sunday, Rai also made it clear that the Apex Court’s order is final and there is no scope for a fresh appeal until the Supreme Court stays its own order.
“The matter is not sub judice. It is an incorrect interpretation. On July 18, 2016, the Supreme Court came out with a constitution which has been recommended by Justice (retired) RM Lodha. And that constitution was accepted by the Supreme Court. Since BCCI was not forthcoming to implement the constitution. They got the CoA to implement the constitution. We (CoA) consulted state units and BCCI on the matter. The court had also appointed an amicus curiae, who also negotiated with them. And yes there were some genuine issues which the state units were not willing to follow and the Court was very understanding,” Vinod Rai said.
Jay Shah's request for an extended term with BCCI
Explaining the order passed by the Supreme Court, Vinod Rai further added that on August 9, 2018, the court handed out a final verdict which also seemed to suggest that no further changes would be entertained, as confirmed by the 38th paragraph of the order.
"That constitution was given after it heard the appeal, the reviews and curative petitions and everything has been done. Now there is no such thing as sub judice. Anybody could file another appeal but till such time that the court stays the earlier decision, it is a closed issue. That constitution has to be implemented and there is no scope for any flexibility," Vinod Rai added.
Shah — whose term as the BCCI secretary, according to the recommendation made by the RM Lodha Commission, ended on May 7 — has sent a mail to the Apex Court, asking for an extension of his tenure.
In the petition, Shah has pleaded that his continuity in the BCCI will help India’s cricket control board at a time when the sport is facing a crisis due to the coronavirus pandemic.
Apart from Shah, Ganguly and joint secretary Jayesh George have also sought extension of their tenures through the same petition filed in the Supreme Court.