TNCA hits back at CoA, writes letter to BCCI electoral officer

With the Committee of Administrators had directed the Tamil Nadu Cricket Association (TNCA) to amend its constitution in order to be part of the BCCI Elections.

BCCI elections are set to be held on October 23.

Tamil Nadu Cricket Association (TNCA) has written to the BCCI electoral officer N. Gopalaswami to make it clear that the Committee of Administrators (CoA) cannot decide if a state association is complaint with the constitution in order to be a part of the BCCI election on October 23.

Sportstar has access to the mail TNCA secretary R.S. Ramasaamy sent to the electoral officer.

 

Dear Sir, 

The Tamil Nadu Cricket Association (TNCA) is in receipt of your notice dated 26th September 2019. It is brought to your kind attention that certain contents of the said notice are contrary to the judgment and order dated 9th August 2019 (9th August Judgment) and order dated 20th September 2019 (20th September order) passed by the Hon'ble Supreme Court of India in Civil Appeal No. 4235 of 2014 and other connected cases and I.A. No. 94179 of 2019 in Civil Appeal No. 4235 of 2014, respectively. 

This is to bring to your kind notice that the TNCA had amended its Memorandum and Rules and Regulations in terms of the judgment dated 9th August 2018 passed by the Hon'ble Supreme Court. The said Memorandum and Rules and Regulations were submitted for registration with the Registrar of Societies, Chennai on 24.09.2018. The TNCA had submitted a compliance certificate dated 25.09.2018 to the Committee of Administrators (COA) as directed in the 9th August judgment. 

It is pertinent to note that the Hon'ble Supreme Court in the 9th August Judgment has not given any authority to the COA to decide whether a particular Association is compliant with the directions issued by it in the said judgment. The job of the COA, as per the directions issued in the said judgment, is only to file a status report with reference to the compliance undertaken by the State Associations. Further, no authority whatsoever has been given to the COA to take any action if any Association has not undertaken compliance of the direction issued by the Hon'ble Supreme Court in the 9th August Judgment. The judgment itself provides for the consequences of noncompliance and there is nothing for the COA to do in such cases. In fact the COA in the 10th Status report filed by it, had prayed to the Hon'ble Supreme Court for issuance of specific directions for suspending the right to vote at General Body meetings of the BCCI of such Associations who had not undertaken compliance of the direction issued by the Hon'ble Supreme Court in its 9th August Judgment. It is pertinent to note that no orders have been passed by the Hon'ble Supreme Court on the prayers made by the COA in its 10th Status Report. 

In the hearing held on 20th September 2019 the Hon'ble Supreme Court has categorically permitted the TNCA to conduct elections and has clearly stated that the result of the elections shall be subject to the remedy available in law and final order that may be passed by the Hon'ble Supreme Court. Thus it is abundantly clear that it is only the Hon'ble Supreme Court of India which can pass any orders in respect of the validity of the elections held by the TNCA in terms of the Memorandum and Rules and Regulations of TNCA. The Hon'ble Supreme Court, having allowed the TNCA to hold elections in terms of its Memorandum and Rules and Regulations, it would be contemptuous to reject any application and nomination of the TNCA on the ground that the COA has not certified the TNCA as compliant Association. 

The following aspects are clear from the 9th August Judgment and 20th September order, 

a) The COA has no authority to decide whether a particular Association is compliant with the directions issued by the Hon'ble Supreme Court in the 9th August Judgment. 

b) The job of the COA is only to file a status report with reference to the compliance undertaken by the State Associations, which it has already done.

c) The COA has no authority to suspend the right of a State Associations from participating in the BCCI Elections in any manner whatsoever on the alleged ground of the State Association being non-compliant with the directions issued by it in the 9th August Judgment as per the understanding of the COA. The issue is to be decided by the Hon'ble Supreme Court. 

d) The judgment itself provides for the consequences of non compliance and there is nothing for the COA to do in such cases. 

e) The TNCA has been permitted by the Hon'ble Supreme Court to conduct elections by the 20th September order and it is only the Hon'ble Supreme Court of India which can pass any orders in respect of the validity of the elections held by the TNCA. 

In spite of the aforementioned unambiguous factual and legal position, Paragraph 2 of the Notice dated 26th September 2019 issued under your signature states as under: 

"...Applications and nominations received only from those member associations or representatives of members, who have been determined to be compliant by the Supreme Court appointed Committee of Administrators for BCCI, in accordance with the Hon'ble Supreme Court judgment dated 9 August 2018 read with the Supreme Court order dated 20 September 2019, shall be entertained by the Electoral Officer." (Emphasis Supplied.) 

Kindly note that the aforementioned direction issued by you in your notice dated 26th September 2019 is clearly contrary to the express directions issued in the 9th August Judgment and 20th September order. 

It is further pertinent to note that in paragraph 5 of your notice dated 26th September 2019 you have advised the full members to take necessary care and conduct necessary due diligence, while nominating their representatives to participate in the BCCI Election as per the instructions/directions/notifications issued by the COA. 

It is submitted that the said direction is also contrary to the express directions issued in the 9th August Judgment. The Hon'ble Supreme Court had directed the BCCI to get the Constitution of the BCCI, as approved by the Hon'ble Supreme Court, registered. The Hon'ble Supreme Court thereafter directed each of the members of the BCCI to undertake registration of their respective constitutions on similar lines, as that of the BCCI constitution. The instructions / directions/ notifications issued by the COA, other than those incorporated in the BCCI constitution and approved by the Hon'ble Supreme Court in gth August Judgment, are not binding either on the BCCI or on the State Associations. The instructions /directions/notifications issued by the COA, unless expressly approved by the Hon'ble Supreme Court, have no legal sanctity. In fact such instructions / directions/notifications issued by the COA, resulting in alterations to the BCCI constitution approved by the Hon'ble Supreme Court vide gth August Judgment, is nothing but overreaching the direction issued by the Hon'ble Supreme Court in the said judgment and the 20th September order. The “Note” incorporated by you in clause f of Form A contained in Annexurel of the Notice dated 26th September 2019, is contrary to the provisions of the BCCI constitution as approved by the Hon'ble Supreme Court in the 9th August Judgment and thus by incorporating the said direction in the Notice dated 26th September 2019 you are in violation of the 9th August Judgment. 

Similarly clauses c) to j) in Form A contained in Annexurel of the Notice dated 26th September 2019 prescribing disqualifications for "Representative” of a full member is also contrary to the 20th September order which has categorically restricted the disqualifications to "office bearers". 

In this view of the matter, it is requested that the TNCA shall not be restrained from participating in the BCCI elections on the ground of it having not been found to be compliant by the COA. Any such act on your part of restraining the TNCA from participating in the BCCI elections would amount to contempt of the 9th August Judgment and 20th September order.