Rajasthan Cricket Association prepared to take legal action against BCCI
In May 2014, Lalit Modi was elected the Rajasthan Cricket Association (RCA)1 president, notwithstanding his life ban from the BCCI due to his “misconduct and indiscipline” relating to Indian cricket.2
As a consequence of his election, the Board of Control for Cricket in India (BCCI)3 suspended the RCA and stated that it would create an ad-hoc committee to oversee Rajasthan cricket.4
As of last week, the BCCI created a five-member ad-hoc committee with jurisdiction of governing “cricket affairs of disputed associations”. This will include all cricket related issues in the Indian state of Rajasthan, in place of the RCA.5
The RCA, however, is refusing to recognize the ad-hoc committee, stating that, pursuant to Article 26 'Recognition' of the Rajasthan Sports Act 20056 (RSA 2005), the only person who can form a recognized ad-hoc committee in Rajasthan is the Registrar7 of Rajasthan Co-Operative Societies, who is appointed by the government to oversee all matters relating to Rajasthan cricket:
“...the Executive Body of the Sports Association shall be superseded by the Registrar and an Ad-hoc Executive Committee shall be appointed to manage the affairs of the Sports Association.”8
For its part, the BCCI does not agree with the RCA’s interpretation of Article 26 RSA 2005. It interpretation is that only the Registrar can argue against creating the ad-hoc committee, as the Registrar overrules the Sports Association.9
Although the RCA is a member of the BCCI10, it argues that the RCA 2005 takes precedent over the BCCI’s constitution where the two conflict11, and cite precedent case law between the All India Football Federation (AIFF)12 and Rajasthan football to support their position.
That case concerned the AIFF Constitution, which states13 that, on the president’s approval, the AIFF Executive Committee is responsible for creating ad-hoc committees for state governance. However, the Rajasthan Football Association successfully argued that, under the RSA 200514, only ad-hoc committees appointed by the Registrar are recognized. Accordingly, the Rajasthan Football Association held its rights over Rajasthan football and the AIFF ad-hoc committee went unrecognized.15
The RCA has stated that it will file a “criminal prosecution” against the BCCI if it continues to pursue formalizing the ad-hoc committee.16
As a final point, the BCCI’s ad-hoc committee, created to govern disputed associations, will also oversee cricket in Bihar, known for its cricket-related conflicts. Cricket governance in Bihar is complicated as rights over Bihar cricket are split between three different cricket bodies. One of the three bodies (it has not yet been specified which) plans to oppose the BCCI’s ad-hoc committee.17
The BCCI is expected to address details on the ad-hoc committee’s formation at its meeting next week in Goa.18 No further official statements have yet been made by either the RCA or the BCCI on this matter.
- Board of Control for Cricket in India (BCCI) Cricket Criminal Law India Rajasthan Cricket Association (RCA)