Top Court allows BCCI to amend its Constitution on cooling-off period

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Synopsis

This decision will enable BCCI's President Sourav Ganguly and Secretary Jay Shah to remain in office for a longer period, who were originally slated to demit office in September 2022.

The Supreme Court on allowed the Board of Control for Cricket in India (BCCI) to amend its Constitution relating to the mandatory three-year cooling-off period after one term for office-bearers like the president, secretary among others.

Filed in 2020, the plea on behalf of BCCI sought permission to change the rules relating to the “cooling off” period for the president, secretary and other office bearers.

A further direction was sought for the extension of the tenure of BCCI President, Sourav Ganguly and Secretary Jay Shah. 

A division bench of Justices DY Chandrachud and Hima Kohli allowed the prayer noting that the amendment would not dilute the original objective of the organisation.

Court held that the existing cooling-off rule was unduly stringent and needed to be modified.

BCCI's Constitution originally mandated that any individual, who has been an office bearer in any state cricket association or the BCCI or a combination of both for six years, should undergo a three-year cooling-off period before such person can contest to become an office bearer again.

Solicitor General Tushar Mehta, appearing on behalf of BCCI had argued before Court that a BCCI office-bearer post is not a largesse but something that is won through an election.

He had thus submitted that a 6-year term was not that long.

Case Title: The Board of Control for Cricket in India vs. Cricket Association of Bihar