The CAB President can hold BCCI post for only 6 months
Kolkata: Former India captain Sourav Ganguly can hold any top post in Board of Control for Cricket in India (BCCI) for a period of only 6 months. Ganguly was tipped as frontrunner to hold the BCCI President’s post following the sacking of Anurag Thakur as President by the Supreme Court. But the latest developments suggests that the CAB President who has already enjoyed a tenure of 2 years 6 months in the association (cumulative period will be counted since he was elected as the joint secretary in July 2014) will only have 6 months left before going for a cooling off period of 3 years.
If an individual has been an existing office bearer in a State/Member Association for 2 years, is he eligible to contest for the next elections without the 3 year cooling off period applying to him? If yes, what will be the term of his office?
According to a clarification sent by Justice Lodha on the FAQ’s: If at the time of election, the existing office bearer has not completed a period of 3 years, he is eligible to contest the election. However, he will not have a full term and will have to demit office immediately upon the continuous 3 year period being completed. This is to avoid any potential abuse. For example, if there were no such bar, an office bearer could resign after 2 years and 9 months, and then claim eligibility to stand out at the next election 3 months later on the ground that a new term would commence.
So, that suggests that Sourav, who has already enjoyed his tenure in the association for 2 years 6 months can hold office for another 6 months in CAB or BCCI.
The Cricket Association of Bengal President interacted with the media at the Eden Gardens. On being asked whether he is aware of the development, Sourav said, “Yes, I am aware of it. We have to abide by the recommendations of Justice Lodha.”
Sourav, whose tenure terminates in another 6 months was asked whether he is considering resigning from the post, he said, “Where will I go if I resign from the post of President.”
He further added, “If situation demands me to contest the elections again for the post of President of the association, I will do so even if I have a tenure of 2 months remaining.”
In another development CAB Treasurer Biswarup Dey will have to vacate office with immediate effect. Biswarup has already enjoyed the tenure of 10 years in the association. Mr Dey earlier challenged that his tenure as assistant secretary of the association cannot be counted as he was nominated for the post. But after the clarification given by Justice Lodha, Biswarup will have to go for a cooling off period of 3 years.
In a State/Member Association, if an individual has occupied the post of Assistant Secretary, Assistant Treasurer, Director or any other post that is not defined as an ‘Office Bearer’ in the Report, then will his tenure in those posts be calculated towards the 9 year disqualification?
The clarification given by Justice Lodha is: If the Constitution/Bye Laws of the State/Member association has defined the post (Assistant Secretary, Assistant Treasurer, Director etc.) as an office bearer post, then the tenure of an individual in any of those posts will be reckoned while determining whether the 9 year period has been completed. For example, in an association where the constitution refers to the assistant treasurer as an office bearer, if a person has occupied that post for 3 years and also been secretary for 6 years, he stands disqualified.
Biswarup on being contacted said, “It is an order laid down by the Supreme Court, so I also have to abide by it.”