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SC clarifies order on disqualification of BCCI office bearers

Supreme Court also replaced noted jurist FS Nariman with senior advocate Anil B Divan to assist the court and to recommend suitable names for appointment as members of the committee of administrators in consultation with the amicus.

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The Supreme Court on Tuesday made it clear that a person shall be disqualified from being an office bearer of BCCI if he or she has been in the cash-rich cricket board or any of the state association for a cumulative period of nine years.

A bench headed by Chief Justice TS Thakur gave the clarification order after senior advocate and amicus curiae Gopal Subramaniam pointed out the inadvertent error in Monday's order of the apex court which said that a person shall be disqualified if he or she has been an office bearer of the BCCI "only" for a cumulative period of nine years.

"Gopal Subramaniam also draws our attention to an inadvertent error in our order, clause 25(i)(f) whereof shall now stand modified/corrected to read as under: 25(i)(f) Has been an office bearer of BCCI or a state association for a cumulative period of nine years," the bench also comprising Justices A M Khanwilkar and D Y Chandrachud said.

The apex court also replaced noted jurist FS Nariman with senior advocate Anil B Divan to assist the court and to recommend suitable names for appointment as members of the committee of administrators in consultation with the amicus.

Nariman, who had tentatively agreed to assist the court, today told the apex court that it may be an embarrassing situation for him to accept the assignment on account of the fact that he had been in 2009 retained on behalf of BCCI. "We quite appreciate the difficulty expressed by Nariman and accordingly discharge him of the role assigned to him," the bench said.

The court had on Monday asked the two lawyers -- Subramaniam and Nariman -- to suggest names of possible administrators within two weeks.

The apex court had come down heavily on a defiant BCCI brass by removing Anurag Thakur and Ajay Shirke as President and Secretary for "obstructing" and "impeding" its directions for overhauling governance in the cricket body, which will now be overseen by a committee of administrators.

Acknowledging that it has been forced to take "coercive" steps to mend matters in the board, the court had ordered that till the committee is formed, its administration will be headed by the senior-most vice president while the senior-most joint secretary will perform the duties of the secretary.

The court had also slapped Thakur with contempt and perjury notices for filing a false affidavit over writing to ICC on the issue of autonomy. 

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