The Amicus Curiae to the Supreme Court, Gopal Subramanium has said that "return of democracy in the BCCI is necessary", with respect to Lodha reforms.
"BCCI must be a transparent, accountable and responsible organization, there should be no perpetuation of vested interests and it should be free of any form of political control and interference," the Amicus Curiae said.
He continued, "The above principles are the bedrock of the Hon'ble Justice Lodha Committee Report accepted by the apex court with certain medications by its order on July 18, 2016."
The Supreme Court will hear this issue on July 5 and the Amicus Curiae requires the SC to- once the Draft Constitution of the BCCI is adopted - to give directive to the Registrar of Societies (under the Tamil Nadu Societies under the Tamil Nadu Societies Registration Act, 1975) to register the documents without delay and report conformity by way of a report to the Registrar General of the Supreme Court.
The Amicus Curiae also requires the State Associations to modify its Constitution, conduct elections and carry out registration, within 30 days of the BCCI getting its registration finished and submit a compliance certificate to the CoA to mention the same in its Status Report.
The biggest concern was the three-year cooling off period for office bearer/council members at the BCCI and state associations. The Amicus Curiae in his comments to the draft constitution says: "As the cooling off period is concerned, it is necessary to bear in mind that the entire thrust of the Hon'ble Justice Lodha Committee Report was to militate against self-perpetuation. It is, in fact, the continued presence of certain figures in the BCCI over a period of time which distressed the Hon'ble Justice Lodha Committee. Thus, the presence of individuals in some operative/ decision-making capacity or in any other capacity, either in the BCCI or the State Associations, on a continued basis is likely to impair the interests of the game and breed vested interests."
Highlights of Amicus Curiae's comments on the draft constitution presented by the CoA to the Supreme Court:
1. Railways can be made a full member as an exception because of its involvement in women’s cricket, but with a condition that only a former Railways' cricketer is allowed to be given representation with voting power.
2. One State, One Member, One vote policy to be maintained for Maharashtra and Gujarat with the voting power given on a rotational basis (to Maharashtra, Mumbai, and Vidarbha and in the State of Gujarat, Baroda and Saurashtra)
3. No full membership to Services, All India Universities, Cricket Club of India and NCC.
4. No change in the three-year Cooling Off period after every three-year term and nine-year tenure separately at the BCCI and State.
5. State elections to take place first before the BCCI elections.
6. Local High Courts to appoint an administrator to oversee elections at State associations
7. Apex court to consider present office bearers of the BCCI should demit office because they have completed their three-year term
8. Division of functions, professional management, and disqualifications among the General Body, Apex Council through the CEO and CFO must be maintained
9. All future amendments to the Constitution shall not be given effect without leave of the Supreme Court.
(with inputs from sportstarlive.com)