Bangladesh Cricket Board (BCB) is facing a potential legitimacy crisis due to the 2017 amendments to its constitution. These changes allowed six elite Dhaka clubs to nominate two councillors each, diverging from the traditional one-entity-one-vote system.
This preferential treatment could be seen as unconstitutional, given that the country's constitution guarantees equality before the law and equal protection under it.
The current 25-member board, led by BCB President Nazmul Hassan Papon, was elected on October 6, 2021, for a four-year term. Papon was elected as one of the 12 directors from the Club Category, with six clubs—Abahani, Prime Bank, Prime Doleshwar, Gazi Group, Sheikh Jamal, and Mohammedan—each granted two councillors, as per the 2017 amendments.
Section 9 of the BCB constitution, titled 'Formation of General Council,' states that the six clubs reaching the Super League in the Dhaka Premier League will have two councillors each. This provision is unusual compared to other national cricket boards, such as the Board of Control for Cricket in India (BCCI), which adheres to a strict one-member-one-vote policy.
BCB CEO Nizamuddin Chowdhury acknowledged this exception, noting that he was unaware of any other national cricket association allowing multiple votes for a single entity. Although the BCB removed the multiple councillors' provision in a 2022 annual general meeting, the fairness of the 2017 constitution remains in question.
Supreme Court lawyer Shishir Manir argues that granting two votes to one entity constitutes discrimination and could be legally challenged. "For the same footing, for the same purpose and in the same breadth, if an entity enjoys more than one vote, it is a discrimination under Article 27 and 28 of the constitution," Manir stated.
Article 27, under the heading "Equality before law," clearly states that all citizens are equal before the law and entitled to equal protection of the law. This principle seems to be at odds with the BCB's previous voting structure.
Media agencies attempt to reach Papon for comment were unsuccessful, as his phone was switched off, and he has not been seen at the BCB headquarters in Mirpur since the student-led mass protests toppled the Awami League government on August 5. Papon, a former lawmaker from the ousted Awami League government and Minister for Youth & Sports in Sheikh Hasina's cabinet, now faces a critical juncture in his leadership of the BCB.
The legitimacy of the BCB's current board, elected under a constitution that arguably violates the principles of equality and fairness, is now under scrutiny. As the cricketing world watches, the BCB must address these concerns to uphold the integrity of the sport in Bangladesh.
