Lodha FAQs: Ajay Shirke can't come in BCCI, 'cooling off period' for Dada

Ajay ShirkeNew Delhi Sacked BCCI Secretary Ajay Shirke cannot be Maharashtra Cricket Associations representative in BCCI meetings the Lodha committee made it clear on Thursday in a sevenpoint response to queries on the administrative reforms made mandatory for the Board There was not much to cheer for Cricket Association of Bengal CAB president Sourav Ganguly either because come June 2017 he will have to go for a compulsory Cooling off of 3 years having completed three years at the state association as secretary and president It was also clarified that total tenure in cricket administration stateBCCI will be 9 years cumulative and not 18 years as it was mentioned earlierFormer India captain and Cricket Association of Bengal presidentSourav GangulyThe administrative career of CAB treasurer Biswarup Dey also ends as the post of an assistant secretary that he held for two years will be deemed as an officebearers post which makes his cumulative state association tenure of 10 yearsThe question pertaining to Shirkes entry was the secondamong Frequently Asked Questions FAQs Can a disqualified Office Bearer act as the representativenominee of a Member Association or the BCCI Can such an individual discharge any other role in or on behalf of the Association or the BCCIThe answer stated In keeping with the spirit of the Honble Supreme Courts judgement a disqualified officebearer is no longer to be associated with cricket administration HeShe is disqualified from being a representative or nominee of the member association or the BCCI and Cannot discharge any other role in or behalf of the association or the BCCI HeShe cannot function within the association in any patron or advisory capacity nor be a member of a committee or councilThe FAQ No 7 was directly related to Ganguly whose name was doing rounds for the new BCCI presidents post While he can be a BCCI president but it would only be for a few months if one interprets Lodha Panels answer properly The FAQ No 7 states If an individual has been an existing office bearer in a StateMember Association for 2 years is he eligible to contest for the next elections without the 3 year cooling off period applying to him If yes what will be the term of his office The answer states If at the time of the election the existing officebearer has not completed a period of 3 years he is eligible to contest the election however he will not have a full term and will have to demit office immediately upon the continuous 3 year period being completed This is to avoid any potential abuse For example if there were no such bar an office bearer could resign after 2 years and 9 months and then claim eligibility to stand at the next election 3 months later on the ground that a new term would commenceBiswarup Deys claim that his assistant secretarys post is a selected and not an elected one has been quashed as it is an officebearers post as per CAB constitutionThe FAQ No 4 In a StateMember Association if an individual has occupied the post of Assistant Secretary Assistant Treasurer Director or any other post that is not defined as an Office Bearer in the Report then will his tenure in those posts be calculated towards the 9 year disqualificationThe answer If the constitutionbylaws of the statemember association has defined the post assistant secretary assistant treasurer director etc as an officebearer post then the tenure of an individual in any of those posts will be reckoned while determining whether the 9 year period has been completed For example in an association where the Constitution refers to the Assistant treasurer as officebearer if a person has occupied that post for 3 years and also been secretary for 6 years he stands disqualifiedThe issues pertaining to elections in state associationsand the answer makes it clear that if associations dont havepending cases against them they can go ahead with electionsconforming to the new set of reformsThis question concerns Rajasthan CA and Hyderabad CAwhich are set to have their electionsAnother question was whether elections can be conductedfor the Member Associations before the due amendments are madeto their ConstitutionsByelaws bringing them in line with thejudgementThe Answer While there is no bar to the holding ofelections subject to orders of any court if any election isheld which is inconsistent with the committees report and thejudgement of the Supreme Court then the same will be treatedas void and with no legal sanctity This would alsonecessarily imply that such an election is supervised by anelection officer as prescribed under the recommendationsIt would be prudent in the circumstances for suchelections to be conducted under the guidance of theadministrators to be appointed by the Honble Supreme CourtChattisgarh State Cricket Sangh president Baldeo Bhatiawill also have to go for a compulsory cooling off as theperiod of his states associated membership will also becountedHowever none from the Bihar state body will have to go for cooling off as they have not got any sanction from BCCI There is no connection between the type of membership of the association and the eligibility of the officebearer Regardless of whether the association wasis a full member or associateaffiliate member the entire tenure of the officebearer will be calculated towards the 9 year periodHowever this will not apply to an association which hasnever been a member of the BCCI In such an event the tenureof the officebearer will be calculated only from the date ofthe affiliation unless he had already been the office bearerof another affiliated associationIt was also clarified that any member of governing bodymanaging committee or working committee of a statememberassociation who has never been an officebearer will not bedisqualified after 9 years if the said positions are notmentioned as officebearersSuch an individual is eligible to contest an officebearer post unless the constitution or Byelaws of theassociation defines officebearers to include the governingbody managing committee working committee membersThe most commonly asked question was about how the 9yeartenure would be calculated and the committee made it clearthat even a nineyear term in state association would mean endof the road in cricket administrationIn view of the order dated 212017 as amended by theorder dated 312017 an individual is disqualified from beingthe office bearer of the BCCI or the statemember associationif heshe has been an office bearer of the BCCI or thestatemember association for 9 years For example one who hasbeen the office bearers of a state association for 9 years isdisqualified from returning to cricket administration eitherat the BCCI or at any state association similarly one who hasbeen an office bearer at the state for 5 years and then at theBCCI for 4 years is also similarly disqualified