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Behind the scenes at an ICC election

Editor's note: What follows, are extracts from the minutes of a BCCI meeting held in 1996, prior to the election of Jagmohan Dalmiya as chairman of the ICC.

And what it reveals is a story of manipulation, politics, money and influence -- collectively reducing the concept of 'free and fair election' to a joke. Presented here, to give you an insight into how things work, both in the body that administers the game in India, and in the global governing body.

Please note that at the time in question, the chairman of the BCCI was Mr Inderjit Singh Bindra, and the executive secretary was Mr Jagmohan Dalmiya.

Also, for your interest, we are starting off with the item immediately preceeding the one on the election of Dalmiya. This one -- item 7 on the agenda of that meeting -- concerns domestic cricket. A proposal is put forward to improve it. That proposal is dismissed in just two lines, it is swept aside for the next two years. Obviously, the BCCI executive doesn't have too much time to waste on such non-essentials. Interestingly, it is now over four years since, and that proposal remains unstudied, unimplemented.

Follows, the relevant extracts from the minutes of the BCCI meeting, quoted verbatim:

Item No. 7: To consider the proposal of the executive secretaryy, BCCI, vide his letter dated 7 June 1996 regarding the pattern of domestic tournaments from 1996-'97 (Appendix - IV)

The proposal put forward by the Executive Secretary vide his letter dated 7 June 1996 regarding the pattern of domestic tournaments from 1996-97 was taken up (for) discussion.

It was decided by the members that the proposal could be deferred for about two years and the present format should be continued.

Item 8: To report on the ICC Annual Conference 1996 and decide on the future course of action

The chairman appraised the members about the happenings in the ICC Annual Conference 1996 and also regarding the election of the ICC chairman elect. The chairman informed the members that Mr Jagmohan Dalmiya was fielded by India as one of the candidates for the ICC Chairman-Elect, as per the decision of the working committee in its meeting on 23 and 24 May 1996 at Shimla. He also informed that besides Mr Dalmiya, two others were in the fray -- Malcolm Gray of Australia and Krish Mackerdhuj of South Africa. the chairman informed that initially, none of the candidates were willing to withdraw and were insistent on contest (sic!), as a result of which the election was put to voting (sic!). As per the ICC rules, each full member had two votes and associate members had one vote each.

In the first round of voting, Jagmohan Dalmiya secured 16 votes (3 of full members and 10 of associate members), Malcolm Grey secured 15 votes (5 of full members and 7 of sssociate members) and Krish Mackerdhuj secured 9 votes (2 of full members and 5 of associate members).

The chairman informed that after the first round of voting, Krish Mackerdhuj withdrew from the fray. In the second round, Jagmohan Dalmiya of India polled 25 votes (4 of full membes and 17 of associate members) as against 13 votes (4 of full members and the rest of associate members) only mustered by Malcolm Grey of Australia.

The chairman however observed that yet, the ICC chairman did not declare Mr Dalmiya as the winner on the plea that the election of the ICC chairman would require a special majority of two thirds of the full members, besides a simple majority of all members. The chairman further drew the attention of the members that nowhere in the ICC rules was it specified that the election of the ICC chairman elect would have to obtain te special majority of two thirds of the full members.

He informed that the BCCI had obtained legal opinion of Sir Michael Beloff, Queen's Counsel as well as Hon'ble Justice R S Pathack, the former chief justice of the Supreme Court of India and a judge of the International Court of Justice. He mentioned that both the legal experts opined that the ICC rules did not permit the elections to be governed by simple majority of full members and that any contrary action was illegal and against the rules.

At this stage, the chairman mentioned that he was approached by the Australian Cricket Board and was told that he had been fielded as a candidate from India instead of Mr Dalmiya, there as a likelihood of his getting elected unanimously.

Mr Raj Singh Dungarpur opined that this was one of the policies of the Australian Cricket Board to divide and rule, and he praised the Indian delegation for taking the right decision not to fall prey to their bait (sic!).

The members observed that grave injustice was meted out to the board during the ICC annual conference by not declaring Mr Dalmiya the ICC chairman elect, despite his securing an overwhelming majority of votes. Some of the members opined that the board should challenge the ruling of the ICC chairman.

The hony. secretary observed that though the ruling of the ICC chairman was unfair, it would not be proper to challege the same in the court of low because this would devalue the prestige of the country. He also mentioned that many countries which supported India's candidature could be dissatisfied if the issue was drawn to a legal battle and that India could lose their sympathy and support.

The chairman however observed that he held a different view and felt that it was proper to challenge the ruling of the ICC chairman in the court of law, because of the injustice meted out to the board.

Mr Raj Singh Dungarpur observed that it would not be proper to challenge the ruling of the ICC chairman, but the board could always take legal opinion and seek clarification of the ICC rules.

Mr P M Rungta opined that legal opinion should be obtained and the views of the countries that supported India's candidature should also be obtained. If the legal opinion was strong and had the unanimous support of the member countries, the board should take action accordingly. The members were in agreement with the views of Mr Rungta. It was decided that any further expenditure needed for the purpose should be met by the board.

The chairman informed the members that as per the decision of the working committee in its meeting on 23 and 24 May 1996 at Shimla, an application was made to the Reserve Bank of India for sanction of Pounds 30,000.00 to meet the expenses towards legal expenses, fees of solicitors, meetings with different member countries as well as dinner for the ICC members in connection with India's candidature of the ICC chairman elect. The Reserve Bank of India sanctioned the amount of Pounds 30,000.00 towards the expenses mentioned above.

He explained that various member boards which are not in a very sound position economically, usually have a representative in England who attend the ICC meetings on behalf of those member countries. He mentioned that these English representatives usually towed the line followed by England although their boards could have a different opinion. The chairman observed that in order to have fair voting, it was essential to ensure the attendance of actual representatives of the member countries instead of their English representatives. Morever, he informed that other contestants, especially Australia, were paying for travel, hotel accomodation and local transportation of the representatives of some of the associate member countries. In view of these factors, the Indian delegates also decided to pay for the international travel, hotel accomodation and local transportation of the representatives of some of the ICC member countries so that they attended the meeting in person instead of their English representatives in order to ensure fair voting. The chairman informed that owing to this, the total expenditure was Pounds 36,576.40.

The action of the Indian delegation as stated above was ratified by the members and the total expenditure amounting to Pounds 36,576.40 was sanctioned. The hony. treasurer was advised to tke necessary action in this matter.

The members also observed that an estimate would be placed in the Annual General Meeting of the Board in Chandigarh on 25/26 September 1996 for future expenses in the matter. For emergency, however, the members authorised the president, BCCI, to take necessary action.

The chairman further observed that Mr Nayanesh Desai, an Indian legal practitioner in London, rendered free service to the board in the matter during the election of the ICC chairman-elect in London. The members observed that a letter of appreciation should be written to Mr Desai by the Board.