BCCI vs Lodha panel: SC removes Thakur as BCCI prez, Shirke as sec

January 2, 2017

New Delhi, Jan 2: Cracking the whip on a defiant BCCI, the Supreme Court today removed its president Anurag Thakur and secretary Ajay Shirke, saying they should "forthwith cease and desist from" the board's work.

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The apex court also decided to initiate contempt proceedongs against Thakur by seeking his response as to why he should not be held liable for obstructing the implementation of the court's directions aimed at reforming BCCI.

A bench headed by Chief Justice T S Thakur said that working of BCCI will be looked after by a committee of administrators and requested senior advocate Fali S Nariman and senior advocate Gopal Subramanian, who was assisting in the matter as amicus curaie, to assist the court in nominating persons of impeccable integrity as the members in the committee of administrators.

The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said that Nariman and Subramanian will complete the task in two weeks and the matter for passing the direction for nominating the persons in committee of administrators will be taken up on January 19.

It clarified that till the new administrators take over the working of BCCI, the senior most vice president of the board will act as the president and the present joint secretary will assume the work as secretary.

The apex court directed that all office bearers of BCCI and state associations will have to give their undertaking that they will abide by the directions of the top court that has accepted the recommendations of the panel headed by former chief justice of India R M Lodha.

It warned that office bearers of BCCI or state associations who "fails to meet" the norms of the Lodha panel, accepted by the apex court, "shall demit the post and cease to be office bearers".

It made it clear that as per the recommendations of the Lodha panel which has been accepted by the apex court, no person above 70 years of age, unsound mind, ministers, government servant, convicted persons and those who have held the posts for cumulative period of nine years and those who are part of any other sports association shall be eligible to hold any position in the cricket bodies.

During the December 15, 2016 hearing, the apex court had threatened to initiate contempt and perjury proceedings against Thakur for asking the ICC CEO for a letter but denying it on oath, warning he may have to go to jail if found guilty.

The court had reminded the BCCI top brass that Thakur as president of the board had asked for a letter from ICC CEO Dave Richardson that the appointment of a CAG nominee in the cricket body would compromise with autonomy and amount to government interference.

The bench headed by the chief justice had also pulled up BCCI for trying to mislead the court and warned Thakur that he may land in jail if the apex court pronounces its order in perjury proceedings.

"If you want to escape perjury charges, you ought to apologise. At every stage you have been trying to obstruct. Everyone wants to go around and continue to hold the post even after 70 years. This is such a lucrative business that everyone wants to go on forever" the bench had said.

It had also referred to a letter by ICC Chairman Shashank Manohar and said even he has stated that Thakur had asked for such a letter.

The apex court had also said that by asking ICC to write such a letter, BCCI has intended to defeat the purpose of the verdict, that too when the bench had made it clear that appointment of CAG nominee would bring about transparency in the cricket body.

On July 18, 2016, the apex court had accepted major recommendations of the Lodha panel on reforms in BCCI, including a bar on ministers and civil servants and those above 70 from becoming members, but left it to Parliament to decide whether it should come under RTI or whether betting on the game should be legalised.

It had also accepted the recommendations of the committee to have a CAG nominee in BCCI and had rejected the board's objection to recommendation for 'one-state, one- vote' noting that Maharashtra and Gujarat have more than one cricket body, so they will have voting rights in rotation.

The bench had accepted the recommendation that one person should hold one post in the cricket administration to avoid conflict of interest and scrapping of all administrative committees in BCCI after the CAG nominee comes in.

The apex court-appointed Lodha Committee had on January 4 last year recommended sweeping reforms and an administrative shake-up in the troubled BCCI.

Comments

SYED
 - 
Monday, 2 Jan 2017

he deserves it...must go

appoint the ex-indian cricket player to the bcci, instead of these kind of politicians.

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April 25,2024

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Electronics Corporation of India Ltd and Bharat Electronics Ltd have refused to disclose the names and contact details of the manufacturers and suppliers of various components of EVMs and VVPATs under the RTI Act citing "commercial confidence", according to RTI responses from the PSUs to an activist.

Activist Venkatesh Nayak had filed two identical Right To Information applications with the ECIL and BEL, seeking the details of the manufacturers and suppliers of various components used in the assembling of the electronic voting machines (EVMs) and voter-verifiable paper audit trail (VVPATs).

The VVPAT is an independent vote verification system which enables electors to see whether their votes have been cast correctly.

The ECIL and the BEL, public sector undertakings under the Ministry of Defence, manufacture EVMs and VVPATs for the Election Commission.

Nayak also sought a copy of the purchase orders for the components from both PSUs.

"Information sought is in commercial confidence. Hence details cannot be provided under Section 8(1)(d) of the RTI Act," BEL said in its response.

A similar response was sent by ECIL which said the details requested are related to a product which is being manufactured by ECIL, and third party in nature.

"Disclosing of details will affect the Competitive position of ECIL. Hence, Exemption is claimed under section 8(1) (d) of RTI ACT, 2005," it said.

In response to the purchase order copies, ECIL's central public information officer said the information is "voluminous" which would disproportionately divert the resources of the Public Authority.

"Further, the information will give away the design details of EVM components. The same may pose a danger to the machines produced. Hence, the exemption is claimed U/s 7(9) and under section 8(1)(d) of RTI Act, 2005," ECIL said.

Section 8(1)(d) of the RTI Act exempts from disclosure the information, including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

Section 7(9) of the Act says the information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

"I don't know whose interests they are trying to protect against the right to know of close to a billion-strong electorate. ECIL said that disclosure of the purchase orders will reveal the design details of the components and this may pose a danger to the machines produced. ECIL did not upload even a signed copy of its reply on the RTI Online Portal," Nayak said.

He said it is reasonable to infer that the two companies are not manufacturing every single item of the EVM-VVPAT combo or else the two companies would have replied that they are manufacturing all these components internally without any outsourcing being involved.

"But the electorate is expected to take everything about the voting machines based on what the ECI is claiming in its manuals and FAQs," Nayak said.

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April 20,2024

Union Finance Minister Nirmala Sitharaman, on Friday, said that the Bharatiya Janata Party (BJP) plans to reintroduce electoral bonds in some capacity following extensive consultations with all stakeholders, should it come back to power in the 2024 general elections, according to a report in the Hindustan Times (HT).

HT cited Nirmala Sitharam as saying, “We still have to do a lot of consultation with stakeholders and see what is it that we have to do to make or bring in a framework which will be acceptable to all, primarily retain the level of transparency and completely remove the possibility of black money entering into this.”

However, the Centre has not yet decided whether to seek a review of the ruling made by the Supreme Court (SC), she said.

She further added, “What the scheme, which has been just thrown out by the Supreme Court, brought in was transparency. What prevailed earlier was just free-for-all.”

Launched in 2018, electoral bonds were accessible for acquisition at any State Bank of India (SBI) branch. Contributions made through this programme by corporations and even foreign entities via Indian subsidiaries received full tax exemption, while the identities of the donors remained confidential, safeguarded by both the bank and the recipient political parties.

On February 15, a five-judge Constitution Bench struck down the scheme, deeming it ‘unconstitutional’ due to its complete anonymisation of contributions to political parties. Additionally, the Bench stated that the articulated objectives of curbing black money or illegal election financing did not warrant disproportionately infringing upon voters’ right to information.

FM Sitharaman said, some aspects of the scheme need improvement and they will be brought back following consultations.

She also lashed out at the Opposition’s claims that the BJP disregarded criminal charges against leaders who switched from other parties to join the ruling party.

The HT quoted her as saying, “The BJP can’t sit here and say, you come to my party today, and the case will be closed tomorrow. The case has to go through the courts that have to take a call; they will not just say, “Oh, he’s come to your party, close the case.” Doesn’t happen that way. So is this washing machine a term they want to use for the courts?”

She further said that the Union government plans to simplify the process of taxation and make it easy for investments to come through into the country.

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April 24,2024

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Ambikapur (Chhattisgarh): Prime Minister Narendra Modi on Wednesday hit out at the Congress, saying the 'vote bank hungry' party wanted to implement reservation on the basis of religion.

Addressing a poll rally in Ambikapur, the headquarters of Surguja district in Chhattisgarh, PM Modi also said the Congress wanted to impose inheritance tax in the country and snatch the rights of people's children.

Some forces want a "weak" government of the Congress and "I.N.D.I." alliance in the country as they thought that if India becomes 'atmanirbhar' (self-reliant), their shops will be shut, he said.

"Today when I have come to Surguja, I want to present the Muslim League thinking of the Congress in front of the country. When their manifesto was released, on the same day I had said, and saying today also that the Congress manifesto has the imprint of Muslim League," Modi said.

When the Constitution was being drafted, it was decided under the leadership of Babasaheb Ambedkar that there would be no reservation on the basis of religion in India, he said.

"If there will be reservation then it will be for by Dalit brothers and sisters and tribal brothers and sisters," he said.

"But the vote bank hungry Congress never cared about the words of the great personalities, sanctity of the Constitution and the words of Babasaheb Ambedkar. Years ago, the Congress made an attempt to implement reservation on the basis of religion in Andhra Pradesh. Then Congress has planned to implement it in the entire country," Modi said.

They talked about implementing 15 per cent reservation on the basis of religion and said it will be done after curtailing the quota of the Scheduled Castes, Scheduled Tribes and Other Backward Classes, he added.

In its 2009 manifesto, Congress's intention was the same and in the 2014 manifesto, it clearly said it will not leave this issue, the prime minister said.

The Congress wanted to change the Constitution and hand over rights of the SCs, STs and OBCs to its vote bank, he said.

The intention of the Congress is not good, it is not according to the Constitution, social justice and secularism. If anyone can protect your reservation, it is the BJP, Modi said.

"The Congress's eyes are not only on your reservation, but also on your earnings, your houses, shops and farms. The 'shehzada' of Congress (apparently referring to Rahul Gandhi) says they will conduct an X-ray of the property of every house and every family in the country. The Congress will snatch all these from you and they say that they will equally distribute them," he said.

Do you know to whom they will distribute it after 'looting' it from you? Modi asked, to which the people replied in affirmative.

"I need not to tell you to whom they will distribute," he added.

Modi further said the 'dangerous intentions' of Congress are coming to forth one by one and now it says it will impose inheritance tax.

"The advisor of shehzada of the shahi parivar, who was also the advisor to the shehzada's father, had said that more tax should be imposed on the middle class and those who earn by toiling hard. Now the Congress says it will impose inheritance tax. It will impose tax on the assets inherited by people from their parents. Now, the panja (Congress poll symbol) will snatch the assets from your children," he said without taking any name.

The Congress' mantra is 'loot of Congress zindagi ke sath bhi, zindagi ke baad bhi', he said.

"They (Congress) want to snatch your assets and rights of your children," Modi added.

The PM also said he had come to seek people's blessings for a developed Chhattisgarh and a developed India.

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