Thakur to Lodha panel: states not in favour of reforms in total

BCCI president Anurag Thakur has submitted a report to the Lodha Committee on Saturday, saying the board's members have rejected adopting in total the new memorandum of association and rules. Thakur informed the committee that the 30 members opted to instead vote separately for or against each of the committee's recommendations, which were approved by the Supreme Court of India on July 18 this year.

Thakur's report, sent via email, was filed two days after the prescribed deadline (November 3) set by the Supreme Court of India in its interim order passed on October 21; the court had asked Thakur and BCCI secretary Ajay Shirke to file an affidavit with the committee within two weeks, indicating which of the Lodha Committee's recommendations "have been complied with, the manner of compliance and the steps adopted for securing compliance with the remaining recommendations".

It could not be confirmed whether Shirke, too, had sent a similar report to the committee. In its order, the court also said that both Thakur and Shirke should appear in person in front of the committee to explain the manner of compliance once their report had been filed.

In his report, Thakur told the committee that at a special general body meeting of the board, held in Mumbai on October 1, Shirke proposed to the members that the new memorandum of association and rules, finalised by the committee and mandated by the court, be adopted completely.

Thakur said he had seconded Shirke's proposal. "All the members, however, rejected this proposal ," Thakur noted in his affidavit. "The members further went on to state that while they were not averse to adopting the new memorandum, they had difficulties in adopting the same in totality."

Thakur pointed out that neither he nor Shirke held a vote and, despite being "armed" with the court order, he could not "force" the members. The reasoning offered by the members was that since the BCCI is registered under the Tamil Nadu Societies Registration Act, 1975, it can amend the memorandum only when three-fourths of the eligible members voted in favour of changing it.

"I am thus rendered totally incapable and without any authority to force the members, who are 30 in number and have voting rights under the statute, to adopt the entire memorandum as proposed for adoption by the Hon. Lodha Committee," Thakur said.

The affidavit was submitted alongside the unauthorised draft minutes of the board's SGM on October 1.

According to Thakur, at an "informal meeting" of the board, held in Delhi on October 15, Shirke cautioned the members saying if the reforms were not adopted the court would curtail all funds to the states. Even that, Thakur told the committee, failed to change the members' opinions. "In view of the above difficulties, the Committee may be pleased to consider issuing any further directions to Hon. President and Hon. Secretary in this regard," Thakur concluded.

Although there was no official reaction from the committee on Saturday, earlier in the week it had already predicted such a response form the board. "In the absence of the unambiguous and unequivocal letter of compliance from the President duly undertaking on behalf of BCCI to unreservedly comply with the order of Hon'ble Supreme Court dated 21.10.2016, the Committee anticipates (having regard to the consistent stance adopted by the BCCI that it has issues with regard to reforms concerning governance) that there would be impediments in carrying out the order dated 21.10.2016," the committee said in an email to Thakur on October 29.

In three emails sent on October 24, 29 and November 3, the committee had reminded the BCCI that an undertaking form Thakur to unequivocally comply with the court's October 21 order was mandatory. Without that the committee cannot issue directions to the board on various pending decisions, including setting a new date for the IPL media rights tender, and determining the threshold value for any financial transaction of the board relating to future contracts.

The Lodha Committee - comprising former Chief Justice of India RM Lodha and retired Supreme Court judges Ashok Bhan and R Raveendran - was formed in January 2015 to determine appropriate punishments for some of the officials involved in the 2013 IPL corruption scandal, and also to propose changes to streamline the BCCI, reform its functioning, prevent sporting fraud and conflict of interest.