BREAKING: Sourav Ganguly, Jay Shah set for 3 more years in office as Supreme Court amends BCCI constitution
In a major upheaval, Sourav Ganguly, Jay Shah, and the other office bearers of the Board of Control for Cricket in India (BCCI), became eligible for another three-year term after the Supreme Court on Wednesday formally passed an order to revamp its constitution.
While it had already agreed in principle on Tuesday (September 13), the apex court modified the three-year cooling-off period that all office bearers had to earlier serve. As per the Lodha Committee reforms, which was approved by the Supreme Court, an official had to remain inactive for three years after serving two consecutive terms in a state association or the BCCI, or cumulatively.
As per the old constitution, president Ganguly and secretary Shah's terms had ended in 2020 itself, in July and June, respectively. The fresh amendments would enable them to be in office till 2025 (2019 to 2022 and 2022 to 2025). The verdict, passed by a bench of Justices DY Chandrachud and Hima Kohli, now allows for two consecutive terms of three years each in both state and national bodies.
The cooling-off period of three years will apply after two stints at that particular level, and not if they jump levels. This means, after being in a state association for six years, an office bearer cannot contest elections for the same, and congruently, for the BCCI.
In essence, officials can hold their post in a state association for six years (two terms), before contesting the BCCI elections and holding office for two more innings (six years). However, there is some doubt over the earlier clause which doesn't allow officials to be in the thick of things beyond a maximum of nine straight years.
While Ganguly was at the helm of affairs at the Cricket Association of Bengal (CAB) for four years, Shah served as the joint secretary of the Gujarat Cricket Association (GCA) on a six-year term. A candidate has to be a member of a state body in order to be in the running for a BCCI post.
Ganguly, Shah, along with their cabinet, had assumed charge after the SC-approved CoA (Committee of Administrators) was dissolved on October 23, 2019. In a 33-month stint, the CoA led by Vinod Rai was tasked to oversee the implementation of the Lodha reforms in the cricket governing body.
The current tweaks were approved in the BCCI AGM (annual general meeting) dated December 1, 2019. But the Supreme Court, in its August 9, 2018 order, had observed that any changes to the draft constitution had to be passed through the top court of the country. The BCCI did try to seek the Court's leave for future amendments, but to no avail.
Order: By the judgment of this court in 2018 in BCCI vs CAB, the draft Constitution of BCCI was approved. The Court however stipulated that any amendment to the constitution shall not be given effect to without the leave of the Court.
Additionally, in a polarizing decision, the Supreme Court has allowed officials with criminal charges (without convictions) against them and those who hold posts in other sports federations to contest the elections.