Solicitor General (SG) Tushar Mehta appearing for the BCCI at the outset submitted that the game of cricket in India had largely been streamlined, but amendments were needed when rules came in the way of functional operations.
Arguing against the concept of a cooling-off period before someone transitions from state-level to BCCI leadership, the SG contended,
“BCCI is a federal organisation, under it [there are] State and district associations. Leadership develops at grassroots, then depending on quality and inbuilt work they gain experience of administration and domain expertise. Thereafter they migrate to BCCI elections. What we are proposing is a total limit of 9 years for any post.“
The SG went on to give an example of someone whose tenure would be cut short by such rules.
“Kindly visualise someone who is energetic and starts building … a stadium or any other project, because his tenure is truncated he won’t be able to finish it. Contention of same people occupying the top post taken care of by the 70-year age cap and the 9-year tenure limit [proposed] at associations.“
The other amendments the SG touched upon related to removing the qualification of administrators not holding public office, having criminal charges.
Further, it was also requested that appointed officials like the Chief Operating Officer (COO) report to the elected office-bearers.
The Bench expressed concern and its questions on each of these.
Justice Chandrachud on the proposed amendment of allowing administrators of other sports to contest BCCI polls said,
“The idea is if you’re in one sport don’t be in another. At one time focus on one sport”.
The SG defended the rule to not disqualify candidates with criminal charges, an argued that these provisions are more misused than used.
“In public life this the reality, if I don’t want someone to participate I put SC/ST charges“, he said.
The bench called suggestions to do away with the age cap, particularly for ICC representatives, dicey and suggested the board should go with younger blood.
Source: Barandbench
