Erring state associations banking on Supreme Court orders

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The BCCI's electoral officer, N Gopalaswami on Friday notified the state cricket associations to get their constitution in place soon and has given them time till September 14 to conduct their elections or risk losing their eligibility to participate in the October 22 BCCI elections.

However, it is unlikely that the fresh notification will have an impact on the erring BCCI affiliated units. Ten associations are yet to amend their constitution and another 10 units have not submitted their registered constitution to the Committee of Administrators (CoA). Only 14 out of 38 units are fully complied.

During a recent meeting of the state associations, the members discussed the Supreme Court order of July 5, 2018 which stated: "As an interim measure, it is directed that as we are going to finalise the draft Constitution, no High Court shall entertain any prayer with regard to appointment of any Administrator hereinafter on the basis of the communication sent by the CoA. It is further directed that no election shall be held hereinafter."

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'CoA bigger than SC?'

A state unit member told mid-day: "We are going by the Supreme Court order. It is clearly stated that, 'no election shall be held.' The CoA cannot force us to conduct elections without any clear directive from the Supreme Court."

It is not just the interim order that the state associations are hanging on to. According to a March 14 order of this year, a window is still open for state units to approach the Supreme Court if they are not satisfied with the recommendations of the Amicus Curiae (friend of court) during his mediation. "When the matter was taken up today, Mr PS Narasimha, learned Amicus Curiae, has pointed out two issues before this Court viz., (a) One is regarding applications for rectification of the Registered BCCI Constitution and (b) another is regarding applications for release of funds. As far as issue (a) is concerned, we consider it appropriate to request Mr Narasimha, learned Amicus Curiae to look into this matter and make appropriate recommendations to the Committee of Administrators (CoA). In case the parties are not satisfied with those recommendations, they may approach this Court for passing appropriate orders," the SC order stated.

Clarifications needed

Several Interlocutory Applications from state associations are already pending before the SC, seeking directions and clarifications. "The Amicus has assured a bigger Apex Council, but there is no confirmation from the Supreme Court. Similarly, there are many other clarifications and issues pending before the court," said a state unit official.

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