The BCCI has knocked on the doors of the Supreme Court seeking an important change in the board's constitution, that would permit the president Sourav Ganguly and secretary Jay Shah to complete their three-year terms without serving the necessary cooling off period, prescribed by Justice Lodha panel.
According to a report by the Times of India, the application was filed by treasurer Arun Dhumal. These changes were approved at the AGM on December 1 and was seeking leave of the SC, as per its August 9, 2018 order, to implement them by changing the constitution.
As per the current rules of the constitution that was approved by the SC, a three-year cooling off period is mandatory for anyone had served two terms in state cricket associations or the BCCI. So according to this, Ganguly and Shah will have to stay away from the board and its activities starting July and June respectively.
Another proposal was discussed during the AGM, that was to do away with the CoA- prepared constitution that disqualified and person charged with a criminal offence from a BCCI member.
It was also proposed that a person should be kept away from the board if s/he has been convicted in a criminal case and has been sentenced three or more years in prison.
The BCCI proposed that a person should be disallowed from becoming a member only if s/he has been convicted in a criminal case and sentenced
to three or more years in prison. The board said these changes were necessary for the smooth administration of cricket and to effectively utilise the administrative talent available in the three-tier district-state-national cricket management.
"The draft (constitution) was prepared by persons who did not have ground-level experience of functioning of this three-tier structure in which the transition of cricket administrators is stage-wise, which is in the larger interest of the game of cricket. Any provision which has a direct or an indirect effect of restricting persons with rich and varied experience, whereby they have acquired and strengthened organising capacity, finance generating capacity and administrative skills will be to the detriment of the game of cricket," the BCCI said.
Furthermore, it requested the SC to do away with the clause requiring it to seek apex court's approval everytime a change in the constitution was needed, that was effected with the vote of three-fourth of the members of the general body.
"Neither preparation of draft constitution by the CoA nor a direction for its adoption (by the SC) can either preclude, restrict or hinder the right of the general body to amend the constitution in exercise of its amending powers conferred under the constitution itself and passed in a duly convened meeting of the general body. It is submitted that in exercise of the said power of amendment, which is indisputably conferred upon the general body, the BCCI has amended some provisions of its constitution," it said.