Friday 7 October 2016

BCCI given one day to accept all Lodha Committee recommendations

The BCCI has been asked by the Supreme Court to give an undertaking by Friday, October 7, that it will "unconditionally" implement all the court-approved recommendations of the Lodha Committee. If the board failed to provide such an undertaking, the Supreme Court indicated it would pass an order on Friday to replace the board's office bearers with a panel of administrators. The court asked
the BCCI's legal counsel Kapil Sibal to check with the board and respond by October 7; Sibal is understood to have asked for more time but the court refused. "What do you want?" TS Thakur, the Chief Justice of India and head of the three-judge bench hearing the matter, said. "Either we pass orders tomorrow or you give us a statement that you will abide unconditionally by the recommendations and directions of the Lodha Committee."

The latest developments in the tussle between the BCCI and the Lodha Committee took place in the Supreme Court on Thursday. The court was hearing the BCCI's response to the status report filed by the Lodha Committee last week, which recommended that the BCCI office bearers be superseded because they were impeding the implementation of the recommendations passed by a Supreme Court order on July 18.

There was a dramatic turn of events towards the final half hour of the hearing. Sibal's argument that the BCCI needed approval from two thirds of its member associations, according to the Tamil Nadu Societies Act under which the board was incorporated, received sharp response from Chief Justice Thakur.

Thakur said the BCCI had been the "face" and "forefront" of defiance against the Lodha Committee's recommendations. "You are giving the lead to the associations," he said. "You are trying to obstruct the Lodha panel." His suggestion to the BCCI in response to its members' resistance was to either block their funding or to debar them.   

At that point, Thakur gave the BCCI an ultimatum: agree to push through the recommendations, agree to discuss with the Lodha panel and "stop wasting our time."

The BCCI then asked for time until October 17, keeping in mind that the court will take a 11-day break next week, but the request was denied. Sibal was asked whether he could give the BCCI's undertaking of acceptance by Friday, and when he said it was not possible because the board needed approval from its state associations, he was told: If you don't implement the recommendations, we will pass the orders."

Justice Thakur reminded the BCCI and the state associations that their money was public money. He warned that funds would be stopped to states that did not want to accept the Lodha Committee's recommendations. When Sibal said the state associations had their own by-laws and the BCCI had no control over them, the court said: "If the associations are reluctant to reform, why do you continue to give them money? You are giving crores of money to them even as they refuse to reform?"

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