Sourav Ganguly, Jay Shah get favourable verdict, SC allows amendment to cooling-off clause

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Sourav Ganguly - TheSportingHub
Sourav Ganguly and Jay Shah were supposed to vacate their offices as per the BCCI constitution, which was in force following the implementation of the Justice Lodha Committee. Photo: siasat.com

Sourav Ganguly and Jay Shah will continue to serve as president and secretary of the Board of Control for Cricket in India and the Supreme Court has given its nod to proposed amendments in the BCCI constitution.

The two can seek another term in the apex governing body for cricket in India.

The Supreme Court on Wednesday permitted the BCCI to modify the clause regarding the mandatory three-year cooling-off period after serving the board or any of its State associations for two consecutive terms or part thereof.

The court observed that the office-bearers term in the State associations cannot be clubbed with their tenure in the BCCI. That means, now the office-bearers can have up to 12 successive years – two terms of three years’ each – with the State and the national cricket bodies.

The BCCI, in its proposed amendment, has sought the abolition of a cooling-off period.
However, an office-bearer can serve the State association for only two terms of three years. The second six-year relaxation shall only be applicable following the officials’ election for the BCCI office, stated the Supreme Court bench of Justices DY Chandrachud and Hima Kohli.

“The purpose of the cooling-off period is not to create undesirable monopolies”, the bench said.

Both Ganguly and Shah were supposed to vacate their offices as per the BCCI constitution, which was in force following the implementation of the Justice Rajendra Mal Lodha Committee. Ganguly before getting elected to the BCCI was an office bearer in the Cricket Association of Bengal, while Shah came into the apex body while serving the Gujarat Cricket Association.

The BCCI had amended the cooling off clause and moved the Supreme Court for mandatory consent, as mandated in the amended constitution of the court. As the matter remained pending, Ganguly and Saha continued to hold their offices despite the expiry of their terms as per the Lodha Committee recommendations.

The reforms recommended by the Justice Lodha-led committee were enforced by the Supreme Court.