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Srinivasan exploring legal options

Nagraj Gollapudi

March 26, 2014

Comments: 20 | Text size: A | A

N Srinivasan speaks at a press conference, Mumbai, September 27, 2012
If N Srinivasan appeals, it might not prove to be helpful © AFP
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If not Srinivasan, then whom?

  • BCCI's South Zone vice-president Shivlal Yadav and Andhra Cricket Association president D Subba Rao may be the frontrunners for the post of BCCI president if and when N Srinivasan vacates the post. But they may not be the only ones in the running. According to the BCCI constitution, which was amended in September 2012, "ln case of vacancy occurring in the office of President by reason of death or by him being adjudged insolvent or by him being convicted in a criminal case by a competent Court or by resignation or otherwise, The Hon. Secretary shall within fifteen days convene a Special General Body Meeting to elect the President who shall be nominated by at least one Full Member from the zone which proposed the name of the President whose term was cut short prematurely. Such person who is so elected shall hold office till the next elections."
  • The constitution also defines the eligibility of a candidate who can be president: "Past or present Office Bearer or Vice-President of the Board nominated by at least two Full Members from the Zone whose turn is current as per the principle of zonal rotation and (the one) who must have attended two Annual General Meetings representing a Full Member."
  • Since the rules also clarify that a person need not be from the same zone that exercises its right of nomination, even all the former board presidents are eligible to contest for the interim president's post should Srinivasan resign. The term of the interim president, however, will be till the AGM in September.

In the day between the Supreme Court's stinging remarks against him and the expiry of the court's ultimatum to step down, BCCI president N Srinivasan is believed to be exploring his legal options. One option is for Srinivasan - who underwent cataract surgery on Wednesday - to step down, in line with the court's wishes; the other is for him to brazen it out and, if justices AK Patnaik and Ibrahim Kalifulla do carry out their threat to unseat him, go into appeal.

However, going the appeal way - through review or curative petitions - might not prove to be helpful, a senior BCCI official well versed with the legal procedures told ESPNcricinfo. "Generally both avenues are restricted provisions. The review itself is a very, very restrictive jurisdiction. Thereafter, curative petition is far more restrictive." the BCCI official said. "Normal prudence demands one should comply with the observations."

The first option available to Srinivasan would be to file a review application. A review is not a challenge, the official said. "It is just an opportunity to point out that are some errors on the face of the record that need to be rectified. It is entirely up to the judges to decide whether to admit a review or not."

Filing a review is a two-step process. "If the plea is justified the judges might allow the review application and open it for a new hearing," the official said. "Suppose the judges feel that grounds in the review application require an open hearing from the counsels. A final call would then be taken on whether the review can be accepted."

If the court dismisses the review, Srinivasan has one more avenue: the curative petition. This application is also heard by the judges in their chambers and it is their discretion whether or not to consider the plea.

The official said that Srinivasan, if he does resign and is replaced by an interim BCCI president, can make a comeback at the elections in September provided the inquiry has been concluded and Srinivasan receives a clean chit. He also made it clear that the court ruling would not have any bearing on Srinivasan's position at the Tamil Nadu Cricket Association (TNCA), of which he is the president.

According to another BCCI insider, Srinivasan's next move would be to "buy time". The ideal scenario for Srinivasan would be to ensure that the matter is delayed through legal arguing about his willingness to "stand aside" rather than resigining until the probe is completed. This scenario could lead to a situation where the case is pushed to its next hearing a month later, towards the end of April, just before the Supreme Court's month-long summer break in May. When the court resumes, a new judge will have to be appointed to the case as Justice Patnaik is due to retire from June 3.

Nagraj Gollapudi is an assistant editor at ESPNcricinfo

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© ESPN Sports Media Ltd.

Posted by Rahul_78 on (March 27, 2014, 5:06 GMT)

Can somebody please clarify me? Isnt the post Srini holding as President of BCCI is a Honorary one? If so that means he is not getting paid for the job he is doing in his capacity as BCCI chief neither is his livelihood is depending on it. Then why so much reluctance to let go of a Honorary post? I know lot of you will laugh at the question but I sincerely do hope if someone can provide a credible answer then it should help us in gauging Srini's monumental struggle to stick to his post.

Posted by Prabahar_Trichy on (March 27, 2014, 0:16 GMT)

I admire the Strong will power of N.SRINI. Inspite of the odds he has the courage to stand up & seek other options that are available. Never say Die attitude has shown him as a "leader"

Posted by electric_loco_WAP4 on (March 26, 2014, 23:50 GMT)

Horse is bolted for srinivasan. Theres no coming back. SC showing who got the real power

Posted by Adnan_MD on (March 26, 2014, 20:28 GMT)

Every man has its day. Everyone has tasted the rise and fall. It's about time this man tastes his fall. Nevertheless, innocent until proven guilty. Allegations are still allegations at the end of the day. I was watching TV earlier, and this man will not be accepting the offer of removing himself, but rather will be looking for an alternative. He's not going down easy, nor will he. Only time will tell what will happen. He has to answer the court tomorrow, let's see what the justice department has planned for him

Posted by bhushanB on (March 26, 2014, 19:29 GMT)

If not for the most unlikeliest coincidence.....

that N. Srinivasan happens to own CSK, which employs IND Captain in three formats.....a team which also has players like

Ashwin, Jadeja, Raina who have been retained year after year by the franchise.....at the same time these continue to njoy

playing in the NATIONAL team's X1 inspite of their repeated poor performances in the highest form of crickets -

TESTS.....and how Vijay (I did admire his fight against SA in the recent tests) and Mohit Sharma are always a step away

from getting into the final X1... The kind of stubborn power that Dhoni (which even ganguly would despise) shows on the

face of fans and selectors alike...when sidelining Pujara, Ojha, Mishra, Bhuvi, Rahane (for raina), Binny, Aaron, Umesh,

Praveen kumar... and selecting his other TalenteD buddies like Rohit sharma and Ishant Sharma....

Posted by Alexk400 on (March 26, 2014, 19:12 GMT)

I may not like N srinivasan support of DRS , Dhoni even owning CSK. But he gave stability. He is just had apple in his family. Its not his fault.

Posted by   on (March 26, 2014, 18:33 GMT)

First he should comply with the court orders, or else contempt of court will be the case. Then he can legally chalannge the Order issued by SC. Fair and decent chances have to be given. If his son in law did wrong, why should Srinivasan be blamed?

Posted by   on (March 26, 2014, 15:21 GMT)

@D-Ascendant on (March 26, 2014, 12:24 GMT):

You missed out a major one: Chairman of the India Cements & associated companies in the group.

Posted by smudgeon on (March 26, 2014, 13:11 GMT)

Here's a suggestion: do as the court says and stand down willingly while the investigation is conducted. It'll buy more goodwill with the courts than if you try to "brazen it out". Courts tend to like people who behave with dignity and humility, and respect the law and the courts' authority. Standing down when requested by the courts to do so isn't an admission of guilt, and if Srinivasan has done nothing wrong, then he has nothing to worry about, right? Right.

Posted by ramz30380 on (March 26, 2014, 13:03 GMT)

@Dashgar, @febx10i, @whiteknight59 & @tanstell87 - I can understand why @ Sarathy PB made that comment...

In this same forum there have been plenty of people opining to scrap the CSK team which as u guys pointed out has been the most successful in IPL cricket along with Mumbai Indians - which I def find very ridiculous because the fans of CSK deserve better than just scrapping.

Regional politics is also an issue as we know tht not many from the South had had their say in Indian cricket admin for a long time... A combo of both is wht I think that as a fan, cricket follower is very disheartening and hence his voice for support...

But @ Sarathy PB has to understand tht no-one is larger than the game - the men in blue sweat it out on the field and ppl sitting in AC rooms cannot take the credit for tht!

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