Referring to former BCCI president N. Srinivasan and secretary Niranjan Shah, the Committee of Administrators (CoA) objected to disqualified persons who are over 70 years of age from being nominated to represent the BCCI at the ICC meet scheduled for April 24, 2017.
“A man disqualified stands disqualified,” Justice Dipak Misra, leading the Bench comprising Justices A.M. Khanwilkar and D.Y. Chandrachud, observed orally.
However, the member associations of the BCCI sought a detailed hearing on the point whether such disqualifications — first proposed by the Justice Lodha Committee and later confirmed by the Supreme Court in its judgment — pertain only to those who attempt to become office-bearers.
Senior advocate Kapil Sibal and Additional Solicitor General Tushar Mehta, for State associations and government bodies who are BCCI members, said the disqualifications do not apply to persons who participate in BCCI meets to select nominees for the ICC meeting.
Senior advocate Gopal Subramanium intervened as amicus curiae to ask whether a man found not eligible to contest the BCCI polls should go to the ICC.
“There is a cap of 70 years given by this court. It is difficult to comprehend that a man who is not eligible goes to the ICC meeting to represent the BCCI.
“We do not want violation of our orders,” Justice Misra remarked orally.
Hearing on April 17
The court found that the question required debate, and posted the matter for hearing on April 17.
Meanwhile, the CoA, led by former former Comptroller and Auditor General Vinod Rai, submitted that it had already filed its third report in the court on April 6.
Senior advocate C.U. Singh, appearing for the CoA, asked whether persons like N. Srinivasan and Niranjan Shah, who have been rendered ineligible by virtue of the court judgement, can be nominated by their respective State associations to take part in the ICC meeting as nominees of the BCCI.
Earlier, the court had accepted major recommendations of the Lodha Committee on reforms in the BCCI, including a bar on ministers and civil servants and those above 70 from becoming its members.