FREQUENTLY ASKED QUESTIONS – II [FAQS-II] – 12.1.2017

FAQs – PART TWO

In the wake of the Hon’ble Supreme Court’s orders dated 2.1.2017 and 3.1.2017, a large number of emails and missives have been received by the Committee from representatives of the BCCI, State Associations, journalists and members of the public. As it would not be possible to answer each of them, this second set of FAQs is being issued by the Committee so that there may be sufficient clarity on issues.

1. As per the first set of FAQs [6.9.2016], the Committee had stated that the 9 year disqualification for Office Bearers applied separately to offices in the State and offices in the BCCI. Does this position continue after the Supreme Court’s order dated 2.1.2017 and 3.1.2017?

THIS POSITION HAS BEEN NOW ALTERED. IN VIEW OF THE ORDER DATED 2.1.2017 AS AMENDED BY THE ORDER DATED 3.1.2017, AN INDIVIDUAL IS DISQUALIFIED FROM BEING THE OFFICE BEARER OF THE BCCI OR THE STATE/MEMBER ASSOCIATION IF HE / SHE HAS BEEN AN OFFICE BEARER OF THE BCCI OR THE STATE/MEMBER ASSOCIATION FOR 9 YEARS. FOR EXAMPLE, ONE WHO HAS BEEN THE OFFICE BEARER OF A STATE ASSOCIATION FOR 9 YEARS IS DISQUALIFIED FROM RETURNING TO CRICKET ADMINISTRATION, EITHER AT THE BCCI OR AT ANY STATE ASSOCIATION. SIMILARLY, ONE WHO HAS BEEN AN OFFICE BEARER AT THE STATE FOR 5 YEARS AND THEN AT THE BCCI FOR 4 YEARS IS ALSO SIMILARLY DISQUALIFIED.

2. Can a disqualified Office Bearer act as the representative/nominee of a Member Association or the BCCI? Can such an individual discharge any other role in or on behalf of the Association or the BCCI?

IN KEEPING WITH THE SPIRIT OF THE HON’BLE SUPREME COURT’S JUDGMENT, A DISQUALIFIED OFFICE BEARER IS NO LONGER TO BE ASSOCIATED WITH CRICKET ADMINISTRATION. HE / SHE IS DISQUALIFIED FROM BEING A REPRESENTATIVE OR NOMINEE OF THE MEMBER ASSOCIATION OR THE BCCI AND CANNOT DISCHARGE ANY OTHER ROLE IN OR ON BEHALF OF THE ASSOCIATION OR THE BCCI. HE/SHE CANNOT FUNCTION WITHIN THE ASSOCIATION IN ANY PATRON OR ADVISORY CAPACITY NOR BE A MEMBER OF A COMMITTEE OR COUNCIL.

3. Can elections be conducted for the Member Associations before the due amendments are made to their Constitutions / Bye-laws bringing them in line with the judgment?

WHILE THERE IS NO BAR TO THE HOLDING OF ELECTIONS [SUBJECT TO ORDERS OF ANY COURT], IF ANY ELECTION IS HELD WHICH IS INCONSISTENT WITH THE COMMITTEE’S REPORT AND THE JUDGMENT OF THE SUPREME COURT, THEN THE SAME WILL BE TREATED AS VOID AND WITH NO LEGAL SANCTITY. THIS WOULD ALSO NECESSARILY IMPLY THAT SUCH AN ELECTION IS SUPERVISED BY AN ELECTION OFFICER AS PRESCRIBED UNDER THE RECOMMENDATIONS.

IT WOULD BE PRUDENT IN THE CIRCUMSTANCES FOR SUCH ELECTIONS TO BE CONDUCTED UNDER THE GUIDANCE OF THE ADMINISTRATORS TO BE APPOINTED BY THE HON’BLE SUPREME COURT.

4. 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?

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.

5. Will a member of the Governing Body, Managing Committee or Working Committee of a State/Member Association who has never been an office bearer also have the 9 year disqualification period apply to him?

SUCH AN INDIVIDUAL IS ELIGIBLE TO CONTEST AN OFFICE BEARER POST, UNLESS THE CONSTITUTION OR BYE-LAWS OF THE ASSOCIATION DEFINES OFFICE BEARERS TO INCLUDE THE GOVERNING BODY / MANAGING COMMITTEE / WORKING COMMITTEE MEMBERS.

6. If a State/Member Association was earlier an Associate / Affiliate Member of the BCCI, and was only recently recognized as a Full Member, will the tenure of the Office Bearers for the 9 year period be calculated only from the time the Association became a Full Member.

THERE IS NO CONNECTION BETWEEN THE TYPE OF MEMBERSHIP OF THE ASSOCIATION AND THE ELIGIBILITY OF THE OFFICE BEARER. REGARDLESS OF WHETHER THE ASSOCIATION WAS/IS A FULL MEMBER OR ASSOCIATE/AFFILIATE MEMBER, THE ENTIRE TENURE OF THE OFFICE BEARER WILL BE CALCULATED TOWARDS THE 9 YEAR PERIOD.

HOWEVER, THIS WILL NOT APPLY TO AN ASSOCIATION WHICH HAS NEVER BEEN A MEMBER OF THE BCCI. IN SUCH AN EVENT, THE TENURE OF THE OFFICE BEARER WILL BE CALCULATED ONLY FROM THE DATE OF THE AFFILIATION, UNLESS HE HAD ALREADY BEEN THE OFFICE BEARER OF ANOTHER AFFILIATED ASSOCIATION.

7. 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?

IF AT THE TIME OF THE 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 AT THE NEXT ELECTION 3 MONTHS LATER ON THE GROUND THAT A NEW TERM WOULD COMMENCE.