New Delhi: The Cricket Association of Bihar (CAB) today moved Supreme Court in a bid to stall BCCI Secretary Anurag Thakur from contesting the scheduled election to President's post, contending that a charge-sheeted person cannot contest under the Lodha Committee recommendations.
The CAB, in its plea, said there are two charge sheets filed against Thakur, including the one relating to construction of a cricket stadium in Dharamshala in Himachal Pradesh under the Prevention of Corruption Act and in one case, charges have been framed.
It said that it will not be appropriate to fill the vacancy caused by incumbent Shashank Manohar's resignation by conducting an election till the pendency of the matter relating to the administrative reforms as it is listed for hearing on June 30, 2016.
The plea of CAB, filed through its secretary Aditya Kumar Verma, was mentioned before a vacation bench of Justices A M Sapre and Ashok Bhushan which did not give urgent hearing saying the issue is a part-heard matter pending before a regular bench headed by CJI T S Thakur.
Advocate Vikas Mehta, appearing for CAB, said it is an urgent matter as the election is scheduled for May 22 and under the regulation of BCCI, 21 days notice has to be given for conduct of AGM, the agenda of which has to be circulated to the members of the BCCI.
He also sought implementation of the Lodha Committee recommendations under which a candidate, who has been charge sheeted in a case, cannot contest the BCCI election for office bearers.
The bench asked the CAB to mention the matter before vacation Registrar for listing it before the regular bench.
"It has also come to the public knowledge that Secretary of the BCCI, Anurag Thakur, is contemplating contesting for the post of President.
"It is submitted that as per the media reports, it is within the knowledge of the applicant that there are two charge sheets that have been filed against Anurag Thakur, and that in one case, charges have been framed," the petition said.
The CAB also sought direction to BCCI vice-president to "assume charge as President of the BCCI or in the alternative appoint an administrator to administer the affairs of the BCCI till the outcome of the present case."
It also claimed that contrary to the rules of the BCCI, which requires voting by secret ballot, there is likely to be open voting and Justice Lodha Panel recommendation in respect of disqualification of a person charged with a penal offence should be implemented as the cricket body has not objected to recommendations before the apex court.
A bench headed by Chief Justice T S Thakur, which is already hearing the matter, had earlier pulled up the BCCI for resisting the Justice R M Lodha-led committee's recommendation on capping the age of its office bearers to 70 years.
The current proceedings in the apex court are the outcome of the petition filed by CAB through Verma, who has alleged large scale irregularities in the cricket body.
The apex court had on April 25 pulled up BCCI for "monopolising" cricket in the country and had said several youngsters "wanting to be Dhonis and Kohlis" are not given equal opportunity if they are not on the right side of the cricket body.
The apex court had appointed senior advocate Gopal Subramanium as amicus curiae in the matter and sought his assistance to explore as to how the recommendations of Justice Lodha committee favouring large-scale structural reforms, which BCCI and other boards have been resisting, could be implemented.