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Cooling-off must be accepted as a means to prevent a few individuals from regarding the administration of cricket as a personal turf. The game will be better off without cricketing oligopolies.” 5 While explaining the proposed provision for a cooling off period after the completion of two consecutive terms, this Court provided the following illustrations:

“However, in our view, it would be appropriate to direct that a cooling- off period of three years would apply after an individual holds two successive terms in office either in BCCI, or in any State Association or a combination of the two. For instance, if an office-bearer has held office for two consecutive terms in any post in a State Association, such an individual must face a cooling-off period of three years. Likewise, if an individual has held any post as an office-bearer of BCCI for a total period of six years in succession, the individual must have a cooling-off period of three years before seeking election again either to BCCI or to a State Association. The cooling-off period would apply also in a situation where an individual holds a post for one term in a State Association followed by a post in BCCI successively or vice versa. This would ensure that after a period of six years involving two consecutive terms, a cooling-off period would be attracted. Allowing an individual to act as an office-bearer for six years in continuation, is a sufficiently long period for experience and knowledge gained to be deployed in the interest of the game without at the same time resulting in a monopoly of power.”

7 Mr Tushar Mehta, Solicitor General appearing on behalf of the applicant, submitted that Clause 6(4), as approved by this Court, indicates that a person who has completed one term at the state level followed by one term at the BCCI would have to complete a cooling off period of three years. In other words, though an office bearer at the BCCI has completed only one term at the BCCI, the cooling off period would come into effect. It has been submitted that the unanimous view at the AGM is that this provision should be modified so as to stipulate that the cooling off period would come into effect after an office bearer has completed two consecutive terms at the same level, that is in a state association or at the BCCI. In other words, an office bearer who completes two consecutive terms in a state association would necessarily have to complete a cooling off period of three years before assuming any elected office at the state association. Likewise, an office bearer who completes two consecutive terms at the BCCI would have to mandatorily undergo a cooling off period of three years before seeking any election at the level of the BCCI.

who has served in such position held any any post for two consecutive terms in for two consecutive terms either in a post for two consecutive terms either in a the BCCI shall not be eligible to state association or in the BCCI (or a state association or in the BCCI (or a contest any further election in the combination of both) shall not be combination of both) shall not be eligible BCCI without completing a cooling off eligible to contest any further election to contest any further election without period of three years. without completing a cooling off period completing a cooling off period of three During this cooling off period, such an of three years. During the cooling off years. During the cooling off period, such office bearer shall not be a member of period, such an office bearer shall not ‘Office bearer’ an office bearer shall not the Governing Council or of any be a member of the Governing Council be a member of the Governing Council or committee whatsoever of the BCCI. or of any committee whatsoever of the of any committee whatsoever of the The expression ‘office bearer’ should BCCI or of a state association. The BCCI. or of a state association. The not be permitted to be circumvented expression ‘office bearer’ should not be expression ‘President’ or ‘Secretary’ by being a member of any other permitted to be circumvented by being office bearer’ should not be permitted to committee or of the Governing a member of any other committee or of be circumvented by being a member of Council in BCCI, as the case may be. the Governing Council in BCCI or any state association, as the case may be. any other committee or of the Governing Council in BCCI or any state association, 6.4.2 If a person has served two as the case may be. consecutive terms each, in the State Association and in the BCCI [or vice versa] continuously without any break, such person shall not be eligible to contest any further election in the State Association or in the BCCI, without completing a cooling off period of three years.

(i) A person who is elected as an office bearer in a state association for two consecutive terms would have to undergo a cooling off period;
(ii) A person who is elected as an office bearer at the BCCI for two consecutive period would have to undergo a cooling off period; and
(iii) A person who is elected as an office bearer in a state association for one term followed by election as an office bearer at the BCCI for one term would similarly have to undergo a cooling off period.