Supreme Court to decide compliance of states with new constitution and their voting rights, states BCCI lawyer
The lawyer representing the state cricketing associations has stated that the body differs with the CoA in their opinion of what compliance constitutes of and hence the the apex court will be taking the final decision. Vinod Rai had on Monday announced that only four associations are yet to comply.
After the constitution of the BCCI was revised as per the guidelines set by the Lodha panel and monitored by the Supreme Court-appointed Committee of Administrators, the state associations were asked to amend or newly-form their own constitutions to be in line with that of the central body.
The CoA chief Vinod Rai had announced two days ago that 26 states have already complied in the required manner and had appointed electoral officers to carry out state elections. The remaining associations were in the process of appointing the same but those bodies that refuse to comply with the constitution would not be allowed to vote in the BCCI elections. This statement was opposed by the state bodies, who feel that it should be the Supreme Court’s decision as to what they termed as compliance and whether they will be allowed to vote or not.
"What has happened is that the BCCI constitution was approved by the Supreme Court and then they said that the state associations were required to register their constitutions on similar lines. All the state associations have either amended their constitutions and got them registered or have resolved to do so. Now those constitutions were sent to the CoA to check if they are in order or not. Then the CoA has sent certain points and said these are not in consonance with the BCCI constitution," state associations’ lawyer Amol Chitale was reported saying by TOI.
Fellow BCCI lawyer Gunjan Rishi stated that the phrase ‘similar lines’ was vague and had been interpreted differently by different parties. While the CoA expects state constitutions to be reflections of the BCCI constitution, the state associations feel that the composition must not necessarily resonate as much as long as the perspective of both the constitutions is similar,.
"There is a dispute with regards to that whether what the CoA is saying is correct and the state constitution has to be exactly like the BCCI constitution. All these disputes were referred to the amicus curiae P.S. Narasimha by the Supreme Court. The amicus curiae has been given the responsibility to sort this out and if it isn't sorted then make a report of the same and submit it before the court. The SC had also said that if anyone has a problem with the amicus curiae opinion then that can also be raised with the court. So that entire exercise has to be completed and till that is done, they (CoA) cannot unilaterally go ahead and hold elections, because the orders of the Court may have far-reaching ramifications," Chitale explained.
Hence, the Supreme Court will have to look into the matter and hear out the perspective of the state associations before any concrete conclusion can be reached upon by the CoA.
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