Kolkata: The Cricket Association of Bengal (CAB) on Wednesday filed a petition to the Supreme Court challenging that the Committee of Administrators has acted beyond the scope and their authority and also in violation of the fundamental rights under the Articles 19 (1)(c) and (19(1)(g) of the Constitution of India as well as contrary to the decision of the Apex Court on July 18, 2016.
Today was the deadline set by the Supreme Court-appointed COA to all State Associations to submit their compliance report as ordered by lodha committee, the CAB has not only replied but also moved a step further challenging them in the Apex Court.
“It’s the same rule affecting all the 29 associations,” CAB president Sourav Ganguly said.
The COA has also been informed that the CAB has not received any grant of Rs 16.75 crores from the BCCI and does not form part of 13 State Associations mentioned in the order of the honourable Apex Curt in October, 2016.
“The COA by holding that as per the ‘disqualifications’ provided by the honourable Apex Court no one could be a member, representatives, advisors, patron, or even member of any Committee of the Associations, they have acted in breach of the fundamental rights enshrined under Article 19 (1) (c) and (19(1)(g) of the Constitution of India as well as the specific observations to that extent made by the honourable Supreme Court in its order on July 18, 2016,” the CAB legal Advisor Ushanath Banerjee told the media.
He also mentioned that from the content of the mail received from the COA on February 22, 2017, it has been felt by the CAB Working Committee that:
1: “Though the members of the COA are having enviable reputations, the Committee has exceeded its jurisdiction and authority by seeking various information and issuing directions, which are contrary to the order of the Apex Court and the Constitution of India.”
2: Despite having mentioned that the Committee is having ‘doubt’ as to the clarity of the extent and scope of the orders dated January 2, 3 and 20, 2017 of the Hon’ble Supreme Court of India, it could not have made demands or provided declarations without seeking necessary clarification from the Hon’ble Court.”
3: “The Committee has proceeded on the basis of some undisclosed “advises” beyond any authority to do so.”
4: “In view of the above wrongful acts on the part of the COA, appropriate redress be prayed from the honuorable Supreme Court by making necessary Applications”.
Following the above decision of the Working Committee, the CAB has moved the Supreme Court of India today with appropriate application and accordingly replied to the COA about their positions,” he said.
The COA has also been informed that as on date, none of the following office bearers of the Association is disqualified in terms of the order dated January 2, 2017: 1. Sourav Ganguly, president; 2. Subir Ganguly and Avishek Dalmiya, joint-secretaries; 3. Shankarlal Bagchi, Samar Pal and Sudip Bose, the vice-Presidents; and 4 Anu Datta the Assistant Secretary.