CoA’s decision to debar three affiliated units arbitrary and wrong, says former BCCI lawyer
BCCI’s former legal advisor Usha Nath Banerjee has questioned the legality of CoA's decision to debar three units from participating in the election by calling it 'arbitrary and wrong'. The CoA reasoned that the three units have not amended their constitutions in terms with the BCCI Constitution.
On Wednesday, BCCI's electoral officer N Gopalaswami disqualified the nominations from five state associations and three government bodies - Armed Forces/Services, Haryana Cricket Association (HCA), Indian Railways, Maharashtra Cricket Association (MCA), Manipur Cricket Association, Tamil Nadu Cricket Association (TNCA), Uttar Pradesh Cricket Association and Association of Indian Universities - in the final electoral roll for the upcoming BCCI Annual General Meeting, set to be held on October 23. However, BCCI’s former principal legal advisor Usha Nath Banerjee has termed it “utterly arbitrary and wrong”.
“Once a state association is admitted and acknowledged as Full Member, it’s legal and constitutional rights of attending General Meetings with voting rights and to seek election cannot be curtailed or taken away by any decision of a group of individuals, unless visited with arbitrary and illegal decision-making process. Even the General Body of BCCI cannot do so,” Banerjee told PTI.
“As on date the Apex Court has not passed any order to the effect that if any state association’s amended Constitution appears to be ‘non-compliant’, as felt by the CoA, such association shall be debarred from attending BCCI AGM and exercise powers of Full Member. Therefore, the decision of the CoA, as reported, is utterly arbitrary and wrong. They are not vested with any judicial power. Either they are not properly advised or they are presuming to have illusory powers akin to the Apex Court and abusing their role,” he added.
Clarifying further, Bannerjee stated that the CoA is not empowered to take any decision contrary to the Constitution and/or the orders so passed by the Supreme Court. “While, it is true that Apex Court has passed series of decisions, which in some issues are contradictory and even not in consonance with the current Constitution, but the CoA is not empowered to take any decision contrary to the Constitution and/or the orders so passed by the Hon’ble Court.”
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