Published 17:25 IST, July 27th 2020
Sourav Ganguly unlikely to retain BCCI Presidency? Legal experts justify bold claim
Legal experts speaking to SportzFront have suggested that it will be difficult for Sourav Ganguly and Jay Shah to retain their respective offices.
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Sourav Ganguly’s tenure as BCCI President has come to an end, with the former Indian captain’s short tenure officially ending on Monday. Along with Sourav Ganguly, even Jay Shah’s tenure, who serves as the secretary has reached its culmination as well, after his tenure in cricket administration came to an end last month. According to the rule book, both Sourav Ganguly and Jay Shah will now have to serve a cooling-off period, wherein they have to undergo a three-year break before they can return to the BCCI setup. However, that doesn’t mean that Sourav Ganguly will be unable to retain his BCCI Presidency, with the matter currently hinging on the Supreme Court’s ruling next month.
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Sourav Ganguly’s chances to retain BCCI Presidency slim: Legal experts
Reporting on the Ganguly BCCI President issue, SportzFront has now suggested that the former Indian captain may not be able to continue as BCCI President. According to their discussion with legal experts on the issue, the website suggested that it will be difficult for the Apex Council or the Apex Court to help Ganguly or Shah stay in their respective offices. A senior lawyer explained that the BCCI constitution will not permit Sourav Ganguly or Jay Shah to seek re-election without a cooling-off period. The lawyer explained that now the vacant positions of the BCCI President and Secretary will have to be filled by an election process within 45 days as the positions have become vacant the moment elected representatives completed their term.
Expounding further on the issue, the lawyer told SportzFront that technically, the BCCI have lost their opportunity to get an extension for Ganguly and Shah, as the law only empowered the court to grant an extension while the two were in office. Since the tenure of the duo has lapsed, there is no law under which they could be re-instated. The lawyer also said that he was unsure of the fact that whether the application for reinstatement will be even accepted or not, concluding that a clear decision will be available when the Supreme Court hears the case on August 17.
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Speaking about the Apex Council resolution that aimed to grant an extension to the duo, the lawyer mentioned that the BCCI constitution could only be amended by a vote in the General Body, for which the court’s permission is mandatory. He explained that only after an amendment is passed, could Ganguly and Shah have gotten the desired extension. Expressing his doubt on whether Sourav Ganguly will be able to return as BCCI President straight away, another lawyer told the website that no one, including the BCCI, can defy the constitution.
All eyes will now be on Supreme Court’s ruling on August 17, where the BCCI has petitioned for permission to amend the constitution. While concluding on the topic, the lawyer said that while the court has the power to maintain the status quo during the pendency of the case, it has no power to re-nominate Jay Shah and Sourav Ganguly. The decision to extend the tenure of the duo can only be ratified after the Supreme Court permits the board to amend its constitution. Till that isn’t done, the chances of Sourav Ganguly continuing his tenure as BCCI President remain bleak.
Image Courtesy: PTI
17:25 IST, July 27th 2020