By PTI
NEW DELHI: The Supreme Court on Friday refused to interfere with a plea alleging a change in the electoral college for the purpose of elections in the Bihar Cricket Association.
A bench of Justices D Y Chandrachud and Hima Kohli noted the submission of senior advocate Atmaram Nadkarni, appearing for BCA, that the amended constitution has not been implemented.
It also took into account that six candidates stood elected unopposed to the post of President, Vice-President, Secretary, Joint Secretary, Treasurer, and Councillor (District Representative).
“We are of the opinion that remedies to challenge the results are available and it would not be proper for us to do so on the merits. We leave it to the petitioners to pursue in accordance with the law,” the bench said.
The top court clarified that it has not expressed any opinion on the merits of the plea. At the outset, senior advocate Anupam Lal Das, appearing for petitioners, alleged the election was eye-wash and the electoral college could not have been changed without the leave of the apex court.
The submission was refuted by Nadkarni who said that elections were held as per norms and the due procedure was followed.
The top court had earlier said the Bihar Cricket Association cannot amend its constitution and directed it to file an affidavit explaining the mechanism it is following for its elections.
Earlier, the top court had allowed modification of the BCCI’s constitution and paved the way for its president Sourav Ganguly and secretary Jay Shah to continue in office without having to serve the mandatory cooling-off period.
It had said that an office bearer can have a continuous tenure of 12 years which includes six years in state associations and six years in BCCI before the cooling-off period of three years triggers.
NEW DELHI: The Supreme Court on Friday refused to interfere with a plea alleging a change in the electoral college for the purpose of elections in the Bihar Cricket Association.
A bench of Justices D Y Chandrachud and Hima Kohli noted the submission of senior advocate Atmaram Nadkarni, appearing for BCA, that the amended constitution has not been implemented.
It also took into account that six candidates stood elected unopposed to the post of President, Vice-President, Secretary, Joint Secretary, Treasurer, and Councillor (District Representative).
“We are of the opinion that remedies to challenge the results are available and it would not be proper for us to do so on the merits. We leave it to the petitioners to pursue in accordance with the law,” the bench said.
The top court clarified that it has not expressed any opinion on the merits of the plea. At the outset, senior advocate Anupam Lal Das, appearing for petitioners, alleged the election was eye-wash and the electoral college could not have been changed without the leave of the apex court.
The submission was refuted by Nadkarni who said that elections were held as per norms and the due procedure was followed.
The top court had earlier said the Bihar Cricket Association cannot amend its constitution and directed it to file an affidavit explaining the mechanism it is following for its elections.
Earlier, the top court had allowed modification of the BCCI’s constitution and paved the way for its president Sourav Ganguly and secretary Jay Shah to continue in office without having to serve the mandatory cooling-off period.
It had said that an office bearer can have a continuous tenure of 12 years which includes six years in state associations and six years in BCCI before the cooling-off period of three years triggers.
