New Delhi: The Supreme Court on Monday accepted the recommendations of Justice Lodha panel including bar on ministers and civil servants from holding any post in the BCCI and a cap of 70 years for every post.
The committee recorded a specific finding that the problems faced by the BCCI have been compounded by the involvement/association of many high functionaries in the Central and state governments some of whom had remained in charge of the administration of the BCCI for several decades.
On the suggestion barring ministers and civil servants from holding any post in the BCCI, the bench said, "The argument that since ministerial and bureaucratic support and patronage has helped the BCCI in running its affairs in the past they should be allowed to continue, lest the game suffers, has not impressed us. We do not think that the game flourishes in this country because any minister or civil servant holds office in the state associations or the BCCI."
On "one state one vote" suggested by the panel, the bench said, "This is a measure which has been recommended with a view to structurally streamlining the BCCI to make it more responsive and accountable having regard to the aspiration of different regions for an equal opportunity to participate in the growth and promotion of the game in the country."
It said the only reasonable and rational answer to the problem within the broad principle of "one state one vote" would be to allow the full membership of the BCCI to rotate among the three clubs each (in Gujarat and Maharashtra) on an annual basis. During the period one of the associations would exercise rights and privileges of a full member, the other two associations would act as associate members of the BCCI. This rotational arrangement would give each member a right to vote at its turn without violating the broader principle of "one state one vote" recommended by the committee.
On the upper age limit of 70 years, the bench said, "There is no denying the fact that Cricketers who play competitive 5cricket generally fall in the age group of 18 to 35 years. This implies that even after retirement from active cricket anyone who has the potential to contribute to the game can do so for over three decades till he attains the age of 70 years. The upper age limit recommended by the Lodha Committee is not, therefore, unreasonable or irrational by any standard. (this will have impact on continuance of N. Srinivasan as President of TNCA as he has crossed the age of 70.)
On opposition for a CAG nominee in the administration as the ICC will not accept it, the bench said, "Far from finding fault with presence of a nominee of the Accountant General of the state and C&AG, the ICC would in our opinion appreciate any such step for the same would prevent misgivings about the working of the BCCI especially in relation to management of its funds and bring transparency and objectivity necessary to inspire public confidence in the fairness and the effective management of the affairs of the BCCI and the state associations."
The court also accepted other recommendations that no office-bearer must hold duel posts in the state as well as in the BCCI; association for cricket players and funding and Parliament must enact a law to legalise betting in sports.
