No Authority Given to CoA to Take Any Action Against Non-Compliant Association: TNCA
With the Committee of Administrators (CoA) sending showcauses to the Tamil Nadu Cricket Association (TNCA), Haryana Cricket Association (HCA) and the Maharashtra Cricket Association (MCA) for their constitution not being in line with the BCCI Constitution, TNCA has sent in a reply to the committee, responding to all the issues raised.
In the letter, accessed by IANS, the TNCA Secretary has said that the CoA doesn't have the authority to determine if the constitution is in line with the order of the Supreme Court.
"It is submitted that the CoA does not have any authority to determine as to whether the amendments carried out by the TNCA to its Memorandum and Rules and Regulation, in accordance with the direction issued by the Supreme Court in its 9th August Judgment, are in compliance with the direction issued in the said judgment.
"The job of the CoA, as per the directions issued in the 9th August judgment, is only to file a status report with reference to the compliance undertaken by the state associations," the letter read.
"It is further pertinent to note that no authority whatsoever has been given to the CoA to take any action against any non compliant association. The judgment itself provides for the consequences of noncompliance and there is nothing for the CoA to do in such cases.
The secretary further pointed that the request from the CoA to suspend the right of non-compliant associations was also not accepted by the SC. In fact, the CoA hasn't shown any regard for the SC as per the TNCA official.
"In fact in the 10th status report filed by the CoA in the Hon'ble Supreme Court, the CoA has prayed to the 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 Supreme Court in its 9th August Judgment.
"It is pertinent to note that no orders have been passed by the Supreme Court on the prayers made by the CoA in its 10th Status Report. Thus in the absence of any direction passed by the Supreme Court granting the prayer made by the COA in its 10th Status Report pertaining to suspension of right of State Associations to vote, the show cause notice under reply is clearly without jurisdiction and in fact displays total disregard by the CoA to the authority of the Supreme Court, which is in seisin of the said issue," the letter said.
The letter also mentions that the top court allowed TNCA to hold elections and is only allowed to pass any order in respect of the validity of the elections held by the TNCA.
"It is submitted that in the hearing held on 20th September 2019, the 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 Supreme Court. Thus it is abundantly clear that it is only the 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 Supreme Court, having allowed the TNCA to hold elections in terms of its Memorandum and Rules and Regulations, it would be contemptuous on part of the CoA to disqualify the TNCA from participating and voting in the BCCI General Body Meeting scheduled on 23rd October 2019 on the alleged ground that the Memorandum and Rules and Regulations of the TNCA are not in compliance with the directions issued in the 9th August Judgment," the letter pointed.
"The TNCA has fully complied with the directions issued by the Supreme Court in its 9th August Judgment. The objections raised by the CoA to the said compliance are pending consideration before the Supreme Court and will be finally decided by it.
"In the mean time the COA itself has decided to hold elections, without waiting for the outcome of the issues pending before the Supreme Court. The Supreme Court has clarified in its 20th September order that the validity of the elections will be dependent on the final orders passed by it.
"In this view of the matter, the CoA has no authority to disqualify any association from participating and voting in the BCCI General Body Meeting scheduled on 23rd October 2019 on the alleged ground of such association being non compliant as per the understanding of the CoA. Since the said issue is sub judice, all the associations shall be allowed to participate and the issue of legality of their participation shall be decided on the basis of the final orders passed by the Supreme Court in the matter.
TNCA also asked the CoA to withdraw the show cause notice. "It is thus submitted that the illegal and contemptuous show cause notice under reply be withdrawn forthwith," it said..