BCCI can't stop state elections, Shirke tells Lodha Committee

The BCCI and the Lodha Committee, instituted by the Supreme Court of India to bring about a series of reforms towards the running of cricket in the country, continue to spar over the Committee's recommendations. The latest episode has the two going back and forth over the legality of freezing elections in state associations.

In wake of the Lodha Committee directing the state associations to put elections on hold until further notice, BCCI secretary Ajay Shirke has said the BCCI is "not empowered under any law to stop any electoral process which is mandated by any statute."

Shirke's email response, following consultation with the board's legal experts, was addressed to Gopal Sankaranarayanan, secretary of the committee, and was forwarded to the member associations concerned.

"Elections being a democratic process are held by all associations and companies affiliated with the BCCI in terms of the respective enactments governing their constitution," Shirke wrote in a letter, accessed by ESPNcricinfo, on July 29. "The elections under respective enactments have to be held from time to time according to the schedule specified in the said enactments failing which the concerned association would render itself liable under law for offences delineated therein.

"Furthermore, the Lodha Committee recommendations do not empower the BCCI to interfere with statutory and fundamental rights of citizens who are members of such associations."

In his reply, Sankaranarayanan, who admitted to being surprised by Shirke's letter, suggested a "misunderstanding of the situation" on the BCCI's part.

"The Committee did not direct BCCI to injunct any elections," Sankaranarayanan wrote. "The Committee is aware that the BCCI does not have that power. The BCCI was only supposed to convey the committee's decision to its members and state committees, regarding which there has been no response. I look forward to a confirmation that the committee's decisions (not the BCCI's) have been conveyed to the members and state associations."

Sankaranarayanan also brushed aside talks of miscommunication. "I don't know where the confusion was," he told ESPNcricinfo. "The first mail was abundantly clear that he was asked to convey it to the others. Why does he want to talk about what the BCCI's powers are? BCCI surely has the power to convey."

Meanwhile, the Cricket Association of Bengal (CAB) and Karnataka State Cricket Association (KSCA), who were slated to hold elections, admitted to a lack of clarity in the situation.

CAB secretary Biswarup Dey told ESPNcricinfo that the state body cancelled its election, which was slated to be held on July 31, on the basis of the Supreme Court's verdict and not on the advice of the BCCI. A CAB official, who did not wish to be named, said the BCCI could have communicated sooner.

"The CAB has already cancelled the election and that was ratified in the [association's] working committee. We have already taken a stand on the basis of the Supreme Court's verdict, so I don't know where exactly we stand," the official said. "The BCCI could have sent this clarification within a day or two of the verdict. Since the cancellation has been ratified by the working committee, we can't change it now. And this is vague language [in the letter]. We have to wait [for more clarity]."

KSCA spokesperson Vinay Mruthyunjaya said a decision on the body's election would be made only after secretary Brijesh Patel returned from the BCCI's working committee meeting and the special general meeting scheduled to be held during the coming week. The KSCA was originally scheduled to hold its election on August 7, prior to the Lodha directive.

The BCCI will convene an emergent working committee meeting in Mumbai on August 2 followed by a special general meeting on August 5 in Delhi to discuss the implementations of the Lodha Committee's report. The board's legal committee is also scheduled to meet on August 4 in Delhi.