TNCA to CoA: 'Withdraw your illegal showcause letter'

With less than 3 weeks to go for the BCCI elections on October 23, the outgoing Committee of Administrators (COA) is facing its strongest opposition from former BCCI President N Srinivasan-controlled Tamil Nadu Cricket Association (TNCA) which has now given an open challenge to its authority and jurisdiction. A full-fledged 'war of words & intention" has ensued between COA and TNCA with former issuing a show-cause letter for the "non-compliance" with BCCI Constitution and the latter coming out with a scathing reply.

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TNCA has hit back saying CoA did not have the authority

After COA issued the show-cause notice to the association for non-compliance with BCCI Constitution, a copy of which is in possession of Republic TV, TNCA has hit back saying CoA did not have the authority to determine if their Constitution is in line with the order of the Supreme Court. The reply letter, a copy of which is with Republic TV, comes down heavily on COA, mentioning that when Supreme Court allowed TNCA to hold elections and COA is not allowed to pass any order in respect of the validity of the elections held by the TNCA and asked the CoA to withdraw the show-cause notice. "It is submitted that the illegal and contemptuous show cause notice under reply be withdrawn forthwith."

 Before this, TNCA in the letter argued that:

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"It is submitted that the CoA does not have any authority to determine as to whether the amendments carried out by the TNCA to its Memorandum and Rules and Regulation, in accordance with the direction issued by the Supreme Court in its 9th August Judgment, are in compliance with the direction issued in the said judgment. The job of the CoA, as per the directions issued in the 9th August judgment, is only to file a status report with reference to the compliance undertaken by the state associations."

"It is further pertinent to note that no authority whatsoever has been given to the CoA to take any action against any non-compliant association. The judgment itself provides for the consequences of noncompliance and there is nothing for the CoA to do in such cases."

"In this view of the matter, the CoA has no authority to disqualify any association from participating and voting in the BCCI General Body Meeting scheduled on 23rd October 2019 on the alleged ground of such association being non-compliant as per the understanding of the CoA. Since the said issue is sub judice, all the associations shall be allowed to participate and the issue of the legality of their participation shall be decided on the basis of the final orders passed by the Supreme Court in the matter."

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The letter also spoke about the background to prove its point

"It is submitted that in the hearing held on 20th September 2019, the Supreme Court has categorically permitted the TNCA to conduct elections and has clearly stated that the result of the elections shall be subject to the remedy available in law and final order that may be passed by the Supreme Court. Thus it is abundantly clear that it is only the Supreme Court of India which can pass any orders in respect of the validity of the elections held by the TNCA in terms of the Memorandum and Rules and Regulations of TNCA.

"The Supreme Court, having allowed the TNCA to hold elections in terms of its Memorandum and Rules and Regulations, it would be contemptuous on part of the CoA to disqualify the TNCA from participating and voting in the BCCI General Body Meeting scheduled on 23rd October 2019 on the alleged ground that the Memorandum and Rules and Regulations of the TNCA are not in compliance with the directions issued in the 9th August Judgment."

"The TNCA has fully complied with the directions issued by the Supreme Court in its 9th August Judgment. The objections raised by the CoA to the said compliance are pending consideration before the Supreme Court and will be finally decided by it."

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