SC urged to reconsider order to have CAG nominee as BCCI member

The Comptroller and Auditor General (CAG) is seeking a modification of the Super Court order of July 2016 on the direction to include a CAG nominee as the member of the Board of Control for Cricket in India and the Indian Premier League Governing Council.

In the submission to the Apex Court, the CAG has observed that “the objective sought to be achieved by this court by the nomination of the CAG representative (in the BCCI) has not been achieved as CAG’s representative has become part of the management decisions rather than CAG having an oversight functions over decisions of the BCCI.”

The CAG representatives observations or suggestion in that, too, do not make much impact as the decisions are taken by a majority vote.

In the light of these facts the CAG has moved the Supreme Court seeking modification of its 2016 order and to enable it to annually or biennially undertake financial, compliance and performance audit of the BCCI and State cricket associations.

The CAG, according to national news agency PTI, has moved an application to  seek modification of the July 18, 2016, order to enforce the Justice (Retd) R M Lodha committee recommendations, including the one regarding inclusion of a nominee of the CAG in the apex council of the BCCI and also in the governing council of Indian Premier League (IPL).

It said that out of the 35 State cricket associations, only 18 have requested nominations till date and these have been made by the CAG while the remaining 17 are yet to approach the nominating officers.

Seeking reconsideration of the directive, the CAG has suggested “to ensure better redressal of concerns of the court and also to ensure more effective implementation of the recommendations of Justice Lodha committee.”

Pleading that the CAG is the supreme audit institution of India and its specialization is audit, the it further submitted that “the CAG may be considered for intervention in the affairs of BCCI/state cricket associations only for the purpose of audit – either as a routine e.g. annual, biennial etc or as and when directed by this court”.

“Needless to say, the cost of audit will be charged to the BCCI/state cricket associations and deposited to government account, as is being done in certain cases where audit of the statutory corporations such as Airports Authority of India, Food Corporation of India, National Highways Authority of India etc is undertaken by the CAG,” it said.

It said the oversight role for the CAG, as envisaged by the top court, would be fulfilled and it would help bring about more transparency, efficiency and effectiveness in the functioning of BCCI and state cricket associations which would be consistent with recommendations of the Lodha committee as well the 2016 order.

“It is most humbly submitted on behalf of the CAG that having regard to the observations/ experience gained by its nominee for last six months (after December 4, 2019) the objective sought to be achieved by this court by the nomination of the CAG representative has not been achieved as CAG’s representative has become part of the management decisions (taken by majority)rather than CAG having an oversight functions over decisions of the BCCI ,” the application said.

It said that the nominations of CAG’s representative on BCCI’s apex council, IPL’s governing council and apex councils/management committees of the state cricket associations “may be reconsidered” by the apex court.

“It is the humble submission of the CAG that the aforesaid directions would assist in achieving the objective envisaged for the CAG by the Justice Lodha committee,” it said.

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