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9+9 Advisory dated 16th September 2019

The Committee of Administrators had issued an advisory dated 27th August 2019 clarifying
certain aspects regarding the 9+9 years disqualification rule and cooling-off period in the
context of eligibility of representatives to contest in the upcoming BCCI Elections.


In paragraph 3 of the said advisory, the Committee of Administrators had stated that:

“3. In addition to the above, it is also clarified that no individual shall be a Councillor for
more than 9 years and in the event of a Councillor completing 9 years before expiry of
his/her term, he/she shall cease to hold office on completing of 9 years. Similarly, a
Councillor who has held any post for two consecutive Terms either in a Member Association
or in the BCCI (or a combination of both) shall not be eligible to contest any further election
without completing a cooling off period of three years.”

Several questions are being raised in relation to interpretation of the above and also the
applicability of these rules to elections in BCCI Member Associations. In this context,
reference may profitably be made to the division bench judgement dated 23rd March 2019
passed by the Hon’ble Delhi High Court in the matter of Delhi and District Cricket
Association vs Municipal Corporation Delhi where the Hon’ble High Court has held that:

“11. The objectors had also argued that the fresh or proposed articles should be made
effective prospectively and not made to apply to the forthcoming elections. It was urged that
the new condition would unfairly take away the chances of those who had served as
directors, for previous periods, though they were not office bearers. The Court finds no merit
in this submission. The BCCI judgment which accepted the Lodha Committee
recommendations are binding. The objective of ensuring that the same people or a clutch of
individuals do not maintain their control over sport bodies like cricket associations is to
encourage budding talent and promote fresh blood, not only in the sport, but also in the
management of its affairs. By occupying one executive or decision making position in an
organization after another, a set of individuals can shut out an entire generation of new
talent, which would possess greater energy and be more open to innovation. The plea to give
prospective effect, in essence is a cry of existing directors who might be staring at the 9 year
tenure restriction, to somehow get a “look in” into the fresh election process. It has no merit
and is accordingly rejected.”

In view of the aforesaid clear pronouncement by Hon’ble High Court, the Committee of
Administrators believes that the following queries have already adequately addressed in its
earlier advisory dated 27th August 2019, but still as a measure of abundant caution, the
Committee of Administrators deems it necessary to clarify as under:

Q.1 Are the restrictions on tenure of 9 years and requirement of cooling off after 6 years,
both applicable to a Councillor in BCCI and Councillor in a Member Association,
prospective?

Ans: No, the above restrictions will also apply retrospectively and will apply to any
individual who has already served as a member of the working committee of the
BCCI for the prescribed duration and/or has served as a member of the
working/managing/executive committee of a Member Association (by whatever name
the apex level governance committee is called) or as a director of a Member
Association for the prescribed period.

Q.2 Whether the period spent by an individual as a working committee member in BCCI
and/or member of working/managing/executive committee of a Member Association
(by whatever name the apex-level governance committee is called) or as a director of
a Member Association will be counted to calculate the 9 year period applicable as cap
on tenure as a Councillor and the 6 year period necessitating cooling off?

Ans: Yes.

Q.3 Whether the period spent by an individual as member in any BCCI committee other
than the working committee (such as the Cricket Advisory Committee, Technical
Committee or Governing Council) and/or member of any committee other than the
working/managing/executive committee of a Member Association (by whatever name
the apex-level governance committee is called) will be counted to calculate the 9 year
period applicable as cap on tenure as a Councillor?

Ans: No.

Q.4 Whether the period spent by an individual as member in any BCCI committee other
than the working committee (such as the Cricket Advisory Committee, Technical
Committee or Governing Council) and/or member of any committee other than the
working/managing/executive committee of a Member Association (by whatever name
the apex-level governance committee is called) will be counted to calculate the 6 year
period necessitating cooling off?

Ans: No. However, it is clarified that once the cooling off requirement is triggered the
concerned individual cannot hold any post (including on any committee) in the BCCI
or the Member Association during the cooling off period of 3 years. If an individual
who was required to cool off has been a part of any committee of the BCCI or
Member Association such an individual will necessarily have to undergo a cooling off
period of 3 years before being eligible to be an office bearer or Councillor or member
of any committee or representative in BCCI or a Member Association.

Q.5 Is a person who has completed 6 years as an officer bearer and 3 years as a member of
the working committee of the BCCI (or any other combination of the above that totals
to 9 years) eligible for contesting the post of Officer Bearer or Councillor in BCCI?

Ans: No.

Q.6 Is a person who has completed 3 years as an officer bearer in BCCI and 3 years as a
member of the working committee in a member association consecutively (or any
other combination of any ‘posts’ that totals to 6 consecutive years), eligible for
contesting the post of Councillor in BCCI or member association?

Ans: The person would have to undergo a cooling off period of 3 years before contesting in
either such election in the BCCI or the Member Association

Q.7 Whether a person who has been a member of working/managing/executive committee
of a Member Association (by whatever name the apex-level governance committee is
called) or as a director of Member Association for a period of 9 years is eligible to
contest the post of Councillor in the BCCI?

Ans: Yes, subject to having satisfied the cooling off requirement.

Q.8 Is a person who has finished 9 years (either as office bearer or committee member or
combination of both) in a Member Association eligible to contest the post of officer
bearer or Councillor in the Member Association?

Ans: No.

Q.9 Is a person who has finished 9 years (either as office bearer or committee member or
combination of both) in BCCI eligible to contest the post of officer bearer or
Councillor in BCCI?

Ans: No.

Q.10 Can the affiliated Clubs/Universities/District Associations or Member Organizations
of a Member Association nominate a person who is disqualified to become an office
bearer or Councillor of the Member Association as a representative on their behalf to
the Member Association to participate in the Member Association’s electoral process
or attend its general body meetings?

Ans: No. There will only be one Representative each of the affiliated
Clubs/Universities/District Associations or Member Organizations and the same
person shall vote in and may stand for elections in the Member Association’s election
or attend its general body meetings. This is in line with the spirit of the cricket
reforms accepted by the Hon’ble Supreme Court which requires only non-disqualified
and eligible nominated/elected individuals to occupy positions of responsibility and
functioning such as representatives to the BCCI and/or Member Associations. This
will also ensure that there is a greater pool of talent available from amongst whom
officer bearers and Councillors are elected. At the same time, it is clarified that this
rule is not applicable to individual members of Member Associations such as life
members or former international players who will be entitled to attend the general
body meeting and vote. Needless to add that only non-disqualified and eligible
members shall be entitled to contest for posts at the elections.

This clarification is being issued with the concurrence of the Electoral Officer, BCCI. In
terms of Rule 7 of the Rules of Procedure for BCCI Elections prescribed by the Electoral
Officer, BCCI, all disputes or objections arising, including but not limited to objections to
candidacy, disqualification, eligibility to vote or the admission or rejection of a vote in the
election to the Apex Council or any of the committees, shall be decided by the Electoral
Officer and such decisions shall be final and conclusive.

Dated: 16th September 2019

Yours faithfully,
Supreme Court appointed Committee of Administrators

BCCI Desk

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Constitutions of State Associations

Constitutions of State Associations as on 28th September, 2019


Click link for more details:

 

Category A

 

1

Andhra Cricket Association

2

Assam Cricket Association

3

Cricket Association of Mizoram

4

Cricket Association of Pondicherry

5

Delhi & District Cricket Association

6

Goa Cricket Association

7

Gujarat Cricket Association

8

Himachal Pradesh Cricket Association

9

Kerala Cricket Association

10

Manipur Cricket Association

11

Meghalaya Cricket Association

12

Nagaland Cricket Association

13

Punjab Cricket Association

14

Sikkim Cricket Association

15

Tripura Cricket Association

16

Vidarbha Cricket Association

17

Baroda Cricket Association

18

Jammu & Kashmir Cricket Association

 

 

Category B

 

1

Hyderabad Cricket Association

2

Bihar Cricket Association

3

Cricket Association of Bengal

4

Uttar Pradesh Cricket Association

5

Mumbai Cricket Association

6

Odisha Cricket Association

7

Saurashtra Cricket Association

8

Maharashtra Cricket Association

9

Rajasthan Cricket Association

10

Jharkhand State Cricket Association

 

 

 COA approved constitutions of other member associations

 

1

Arunachal Pradesh CA

2

Chhattisgarh SCS

3

Karnataka SCA

4

Madhya Pradesh CA

5

CA Uttarakhand

 

BCCI Desk

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