Future tense? Young cricketers during a local league match in Jamshedpur

Ranchi, Aug. 20: It’s still not clear if the Board of Control for Cricket in India (BCCI) has committed contempt by ignoring an interim order of Jharkhand High Court, which had “prohibited” it from making any move that adversely affects the standing of Jharkhand State Cricket Association (JSCA) till the pendency of its petition before the court.

But by declaring its decision to revive the Bihar Cricket Association (BCA) as it existed in 2000, and by implication cancelling the full membership granted to JSCA, the board has raised more questions than answers. While the issues are expected to be sorted out by the high court, The Telegraph points out some of the questions the high court will have to address.

Why has the BCCI decided to cancel JSCA’s membership?

This is the first time in its history that BCCI has decided to cancel the membership of a full member. But it is not clear on what grounds. The only ground on which BCCI rules allow revoking membership is apparently “misconduct”. But no misconduct by the JSCA has been cited, either by the BCCI or the three-member committee constituted by it to look into the status of JSCA. Nor has the committee, strangely, cited any other ground.

Under the law or even BCCI rules, can a state association use the name of another state?

The BCCI’s fatwa is that Bihar Cricket Association, with its headquarters at Jamshedpur, be revived and BCA should look after cricket in both Bihar and Jharkhand, as if the state was not bifurcated in 2000. But is it permissible for a Jharkhand-based association to use the name of another state? Or, do the rules permit one cricket association in one state to look after cricket administration in another? Can, for example, Saurashtra Cricket Association, be controlled from Jaipur?

Wasn’t Bihar granted associate membership status in 2004?

The 75th AGM of the BCCI had granted associate membership status to Bihar. What has now prompted the BCCI to go back and revoke that decision? Can such a decision be revoked and is there any precedent? There does not seem to be any reason why Bihar should be denied the right to have a cricket association of its own with its own headquarters in Patna. Surely the standard of cricket in Bihar is not lower than in states like Goa and Tripura, which enjoy full membership of the BCCI?

Can BCCI alter the composition of a state association?

BCCI, being an affiliating body, has no role to play in determining the composition of a state association. It cannot form a state association and cannot, therefore, alter its resolutions, registration and membership etc. The legality of reviving BCA, which has not held any election during the last three years, has not held any AGM and has not paid the annual subscription to BCCI, therefore, is open to question.

Can BCCI restore membership to BCA?

If the BCCI has the right to revive the Bihar Cricket Association with retrospective effect (as it existed in 2000), then it would also have the right to revive associations like PEPSU, South Punjab and North Punjab Cricket Associations too! But can it really set the clock back?

Who are members of the BCA?

Since all BCA members agreed to the change of its name to Jharkhand State Cricket Association (JSCA) in 2004, paid their dues to new entity and voted in the election for the JSCA, they would be deemed to be members of the BCA now by the BCCI, it seems, with the caveat that the affiliating body will recognise only those members who were members of BCA in 2000 and not others who joined subsequently. Will such a decision pass legal scrutiny? On what ground can people and clubs, which became members after 2000, be denied their membership?

Can BCCI remove a full member?

JSCA was granted membership by the BCCI in 2004, it attended AGMs and SGMs in 2004 and 2005, hosted two ODIs at Jamshedpur, paid its dues to the BCCI and voted in the election for BCCI office-bearers. After all this, can JSCA’s membership be cancelled, that too without making the charges or grounds public and without allowing JSCA any opportunity to reply?

Can BCCI overrule the findings of a commissioner appointed by the Supreme Court, after having accepted them?

T.S. Krishnamurthy, the commissioner appointed by the Supreme Court to oversee the BCCI election last year, had gone through submissions for and against JSCA before the election in 2005. He had then heard all sides, inspected all available documents and ruled that JSCA was a full member of the BCCI and entitled to cast its vote in the election. It was not challenged then or later. But the BCCI decision now overturns the ruling given by the “neutral” observer.

Why should Bihar and Jharkhand have one association?

The Arun Jaitley Committee argued that BCCI rules permitted a state to have more than one cricket association and get them affiliated to the board. It cited the example of Gujarat, which has three cricket associations (Baroda, Saurashtra and Gujarat), and Maharashtra, which has four (Cricket Club of India, Mumbai, Vidarbha and Maharashtra), and even Andhra Pradesh which has two (Hyderabad and Andhra Pradesh). The committee, therefore, went on to conclude that reviving Bihar Cricket Association (BCA) and entrusting it to promote cricket in both Bihar and Jharkhand is in order.