Ganguly Shah Hearing LIVE – BCCI Hearing Supreme Court: The Supreme Court is all set to amend the cooling-off period, paving the way for both BCCI President Sourav Ganguly and Secretary Jay Shah to stay in their positions. Instead of a mandatory cooling-off period following six years as an administrator (3+3), the office bearers are set to get 6+6. They can spend six years in state association and then another six years in BCCI as administrators. Follow Live Updates on Ganguly Shah BCCI Hearing & Indian Cricket on InsideSport.IN.
Supreme Court Revised Proposal on Cooling Off:
- Three years in State and 6 years in BCCI.
- 6 years in State and immediately 6 years in BCCI.
It means that a candidate can serve 6 years (two terms) in state association and then become BCCI office bearer without needing a cooling off period. However, after completing two terms in BCCI or six years, there will be a mandatory cooling-off period at BCCI. The individual can go back to state association as he or she would have served cooling off period at state association.
Ganguly Shah Hearing LIVE: Relief for Sourav Ganguly & Jay Shah as Supreme Court set to revise Cooling off-period: Follow LIVE Updates
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Bench: To say that you have to go off after one term is too stringent. So, we are saying after 6 years in State you have cooling off period in State. You can go to BCCI directly. There you do 6 years the cooling off.
— Live Law (@LiveLawIndia) September 14, 2022
What happened in the COURT on Wednesday?
- The Supreme Court on Wednesday green signalled constitutional amendment, removing cooling off period after three years at State Association and three years at BCCI.
- Instead, the SC revised the cooling period, saying office bearers can serve 6 years in state and 6 years in BCCI.
- It will enable both Ganguly & Shah to continue for another three years before going for a mandatory cooling off period from BCCI.
- A Bench led by Justice D. Y. Chandrachud orally observed that imposing a cooling-off period of three years after only one term in office would be “too stringent”.
- “A cooling-off period of three years after just one term of three years in office is really too stringent. People should be allowed to get acquainted… You will have networks, deal with international counterparts,” Justice Chandrachud remarked.
- The court’s suggestions came while examining a plea by BCCI for permission to amend its Constitution.
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Ganguly Shah Hearing LIVE: Sourav Ganguly, Jay Shah set to stay put as Supreme Court set to revise Cooling off-period: Follow LIVE Updates
Supreme Court has strongly objected to BCCI’s argument on removing 70-year age cap. While the BCCI argued that the experience is necessary in managing and administration, the SC responded citing England and Cricket Australia’s structure. The bench asked, “Do you see 75+ people managing ECB and CA.”
The BCCI also wants the 9-year cooling off period to be removed. Also, during the cooling off period, BCCI argues that the candidates should be able to contest elections in state associations.
“12 years without a cooling off period is too long….What we can say is that if you have one term in state and one term in BCCI no cooling off, but the moment you hold two terms then cooling off,” Supreme Court says.
Ganguly Shah Hearing LIVE: Sourav Ganguly, Jay Shah set to stay put as Supreme Court set to revise Cooling off-period: Follow LIVE Updates
Kapil Sibal, who is representing Tamil Nadu Cricket Association, argues that, cooling off period should be separate in state association and BCCI.
“I think it’s reasonable, if you have 6 years in State then there should be cooling off period after that in State. But if you have 3 years in BCCI, then no need for cooling off period,” Sibal argues.
#SupremeCourt to shortly hear pleas regarding amendments to #BCCI constitution to do away with mandatory cooling-off periods between tenures of administrators.
Bench of Justices DY Chandrachud and Hima Kohli to hear matter. #Cricket #CricketTwitter #cricketnews #IndianCricket pic.twitter.com/00JzBTiBNB
— Bar & Bench (@barandbench) September 13, 2022
However, with BCCI getting support from Amicas Curae Maninder Singh, Supreme Court bench comprising Justing DY Chandrachud and Hima Kohli may change their stance. Second day of hearing will be on Wednesday when the bench will again listen to the arguments of BCCI lawyers.
What did Supreme Court-appointed BCCI Amicas Curae suggest? “If a person has served one term of three years as an office-bearer of a state association and then become a BCCI office-bearer of BCCI, they should be allowed to serve two consecutive terms or 6 years in BCCI.”
If the SC agrees, Sourav Ganguly and Jay Shah can continue to serve BCCI for another two years before going into a colling-off period. Both have already completed 3 years in BCCI having been elected in 2019. Both had served in state associations. Ganguly was Cricket Association of Bengal President while Shah was in Gujarat Cricket Association.
Ganguly Shah Hearing LIVE: Sourav Ganguly, Jay Shah set to stay put as Supreme Court set to revise Cooling off-period: Follow LIVE Updates
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