The Supreme Court on Friday clarified that an office bearer in a state cricket body for a period of nine years cannot be disqualified from holding a post in apex cricket body Board of Control for Cricket in India (BCCI) and vice-versa.
A bench headed by Justice Dipak Misra said that "doubts are created" with regard to the eligibility of an office bearer in BCCI after the January 20 order in which it was said that a person can be disqualified from BCCI or state association if he has held the post for nine years.
The clarification came when Attorney General Mukul Rohatgi, appearing for Railways, the Services and Association of Universities, alleged that the apex court-appointed Committee of Administrators had claimed that the court's order on this issue was not "clear".
"What has been meant by the clarificatory order is that, if an office bearer has completed nine years in any post in the BCCI, he shall stand disqualified to become an office bearer of the BCCI," the bench, also comprising Justices D Y Chandrachud and A M Khanwilkar, said
"Similarly, if a person holds the post of office bearer in any capacity for any state association for nine years, he shall stand disqualified for contesting or holding any post or office of the state association," the bench added.
On January 3, 2017, a bench headed by then Chief Justice T S Thakur had modified the disqualification criteria to say that any office bearer of the BCCI or a state association holding posts for a cumulative period of nine years can be disqualified.
However, a bench headed by Justice Dipak Misra on January 20, 2017, again modified the order and dropped the word "cumulative" saying that any office bearer of BCCI holding his post for nine years or state associations for the same period can be disqualified.
