CoA can't decide TNCA's fate, Secy tells BCCI Electoral Officer
New Delhi, Oct 1: With the Committee of Administrators (CoA) warning the Tamil Nadu Cricket Association (TNCA) to amend their constitution in order to be part of the BCCI Elections on October 23, the TNCA has written to BCCI Electoral Officer N. Gopalaswami and made it clear that the CoA cant decide if a state associations constitution is compliant or not.
In the mail, accessed by IANS, TNCA secretary R.S. Ramasaamy has pointed to the Electoral Officer areas from the Supreme Court's orders dated August 9, 2018 and September 20 which clearly show that the CoA can't decide the association's fate.
"The CoA has no authority to decide whether a particular association is compliant with the directions issued by the SC in the 9th August judgment. The job of the CoA is only to file a status report with reference to the compliance undertaken by the state association, which it has already done.
"The CoA has no authority to suspend the right of a state association from participating in the BCCI Elections in any manner whatsoever on the alleged ground of the state association being non-compliant with the directions issued by it in the 9th August judgment as per the understanding of the CoA. The issue is to be decided by the SC.
"The judgment itself provides for the consequences of non compliance and there is nothing for the CoA to do in such cases. The TNCA has been permitted by the SC to conduct elections by the 20th September order and it is only the SC which can pass any order in respect of the validity of the elections held by TNCA."
Reacting to the note that the Electoral Officer had sent the TNCA on September 26, the secretary said that certain contents of the notice are contrary to the judgment and order dated August 9 and September 20 passed by the Supreme Court.
"In paragraph 5 of your notice, you have advised the full members to take necessary care and and conduct necessary due diligence, while nominating the representatives to participate in the BCCI Election as per the instructions/directions/notifications issued by the CoA.
"The Supreme Court had directed the BCCI to get the constitution, as approved by the Supreme Court, registered. The Supreme Court thereafter directed each of the members of the BCCI to undertake registration of their respective constitutions on similar lines, as that of the BCCI constitution. The instructions/directions/notifications issued by the CoA, other than those incorporated in the BCCI constitution and approved by the Supreme Court in 9th August judgment, are not binding either on the BCCI or on the state associations," the letter read.
"The instructions/directions/notifications issued by the CoA , unless expressly approved by the Supreme Court, have no legal sanctity. In fact, such instructions/directions/notifications issued by the CoA is nothing but overreaching the directions issued by the Supreme Court in the said judgment and the 20th September order."
The TNCA secretary also requested the Electoral Officer to not stop the association from participating in the BCCI Elections.
"It is requested that the TNCA shall not be restrained from participating in the BCCI Elections on the ground of it having not been found to be compliant by the CoA. Any such act on your part of restraining the TNCA would amount to contempt of 9th August judgment and 20th September order," he signed off.