Baroda Cricket Association Accepts Representative for Nomination Scrutiny
The Baroda Cricket Association made a significant submission in the Gujarat High Court on Thursday. The BCA stated clearly that Dr Darshan Banker's nomination for the presidential post will not face rejection. This decision comes despite Banker's inability to attend the nomination scrutiny personally on January 20.
Election Timeline and Legal Challenge
Dr Darshan Banker is actively contesting for the position of BCA president. The association has scheduled its election for February 15. Earlier, Banker approached the High Court with a special civil application. He challenged a specific BCA notice that required all candidates to remain physically present during the scrutiny of nominations.
According to the BCA's election notice, candidates must submit their nomination affidavits by January 19. The notice further states that nominations shall not receive consideration if candidates fail to appear for scrutiny on January 20.
Personal Conflict and Constitutional Argument
Banker presented a compelling personal reason for his absence. His son is getting married in Goa on January 20, which coincides exactly with the nomination scrutiny date. He argued that attending both events simultaneously proves impossible.
The candidate specifically referenced Clause G of the BCA notice, which mandates candidate presence. However, Banker countered this requirement by citing the BCA's own constitution. He emphasized that the constitution does not make candidate presence a mandatory condition for nomination scrutiny.
Court's Initial Observations and Relief
The Gujarat High Court examined the matter closely. In its order dated January 9, the court made an important observation. A prima facie reading of the BCA constitution indeed shows no explicit mandate for candidate presence during scrutiny.
Providing ad interim relief, the court directed the Baroda Cricket Association clearly. The BCA must not reject Dr Darshan Banker's candidature simply because of his absence on January 20. The court suggested a practical alternative. It stated that the respondents could permit a representative of the petitioner to remain present during the scrutiny process.
BCA's Formal Submission and Election Officer Protocol
On Thursday, the Baroda Cricket Association formally submitted its position to the High Court. The association confirmed that one representative of Dr Darshan Banker shall receive permission to appear before the election officer during nomination scrutiny.
This representative will enjoy specific rights during the process. If any objection arises against Banker's nomination, the representative can make a formal representation. Furthermore, the representative shall also receive permission to lodge objections regarding the nomination forms of other candidates.
Court's Final Directions and Democratic Principles
While disposing of the petition, the Gujarat High Court offered clear guidance. The court stated that the Baroda Cricket Association is expected to conduct its election in a fair and democratic manner. This expectation underscores the importance of transparent electoral processes within sporting bodies.
The resolution allows the presidential election to proceed without unnecessary legal hurdles. It balances administrative requirements with reasonable accommodations for genuine personal circumstances.
