BCCI: SC Panel Submits Names For Appointment As Administrators; Bench Has Objections [Read Order]

BCCI: SC Panel Submits Names For Appointment As Administrators; Bench Has Objections [Read Order]

The two member SC panel of amicus Gopal Subramaniam and senior lawyer Anil Diwan submitted to the Supreme Court today a list of nine names as the administrators of the BCCI after the removal of its President Anurag Thakur and Secretary Ajay Shirke for non-implementation of Lodha panel reforms.

However a bench headed by Justice Dipak Misra who replaced retired CJI T S Thakur in the bench raised some objections like presence of some 70 plus members among them and that the  numbers were too many and there was no need of nine members.

The bench however directed keeping the names in sealed cover and against revealing at this time saying "some consultation within the bench was required"

The matter will be further heard on Tuesday.

AG APPEARS FOR FIRST TIME

Meanwhile Attorney General Mukul Rohatgi appeared for the first time against Lodha panel reforms.

He represented the Armed Forces, Railways and Universities, whose associations were given half (associate) membership and no voting rights.

He sought restoration of earlier status and full voting rights.

Senior lawyer Kapil Sibal (for BCCI)  joined Rohatgi in attacking the Lodha panel recommendations and sensing a chance in retirement of justice of Thakur attacked his original judgment which made the implementation of reforms mandatory.

BACKGROUND

Coming down heavily on the defiant BCCI brass, the bench headed by then Chief Justice T S Thakur had  removed Anurag Thakur and Ajay Shirke as President and Secretary for obstructing and impeding its directions for overhauling governance in the cricket body by implementing the Lodha panel reforms.

Removing the two, the bench said the adminisration of the board will now be overseen by a committee of administrators appointed by the SC.

Acknowledging that it has been forced to take coercive steps to mend matters in the Board, the court ordered that till the committee is formed, its administration will be headed by the senior-most Vice President while the senior-most Joint Secretary will perform the duties of Secretary.

Notwithstanding the curative petitions filed by the BCCI,  which was seen as a ruse for continuance of some office bearers, the court set out conditions based on Lodha committee recommendations for their removal--like bar on those 70 years, ministers, civil servants and those in positions beyond 9 years.

The court had also slapped Thakur with contempt and perjury notices for filing a false affidavit over writing to ICC on the issue of autonomy. The President and Secretary and office bearers of BCCI have obstructed the implementation of the final directions of this Court on the basis of a specious plea that its State Associations are not willing to abide by the directions, the bench had said.

It slammed Thakur saying his actions and conduct rendered himself unfit for continuance as President of BCCI and he is liable to be proceeded with for contempt of court for having obstructed and impeded the orders of this Court. The top court issued show cause notice to Thakur to explain as to why he should not be prosecuted under Section 195 read with Section 340 of the CrPC for filing false affidavit before it that he did not sought letter from ICC president Shashank Manohar on the recommendation for appointment of CAG nominee in board would amount to government interference.

The conduct of the President of BCCI in seeking a letter from the President of ICC in August 2016, after the final judgement and Order of this Court, is nothing but an attempt on the part of the head of BCCI to evade complying, with the Order of this Court, the apex court had said while issuing show cause notice to Thakur to respond as to why he should not be proceeded against for the contempt of court.

The apex court said that a committee of administrators shall supervise the administration of BCCI through its Chief Executive Officer and directed that till then the senior-most Vice-President of BCCI shall perform the duties of the President and the Joint Secretary shall perform the duties of Secretary.

Read the order here.


This article has been made possible because of financial support from Independent and Public-Spirited Media Foundation.