The Hindu : Sport / Cricket : BCCI elections issue keeps courts busy

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Thursday, Sep 30, 2004

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Sport - Cricket

BCCI elections issue keeps courts busy

By Our Staff Reporter

CHENNAI, SEPT. 29. The Board of Control for Cricket in India (BCCI) elections issue kept Chennai courts busy, with a city civil court restraining the Board from confirming the appointment of Jagmohan Dalmiya as patron-in-chief, and a Division Bench of the Madras High Court setting aside the appointment of Justice S. Mohan as Commissioner to conduct the polls.

The VII Assistant Judge, M. Mohideenpitchai, said, "there is a prima facie case for granting ad interim injunction restraining the Board from passing resolutions confirming the nomination of Mr. Dalmiya as patron-in-chief for three years."

A decision to appoint Mr. Dalmiya as patron-in-chief was taken at a special general meeting of the Board held here on September 12. The ongoing annual general body meeting of the Board in Kolkata had, among other things, two things to ratify: the confirmation of minutes of the September 12 meeting, and appointment of the Board's representatives to the meetings of the International Cricket Council (ICC) and/or similar conference.

In his civil suit, the Bharathi Cricket Club secretary, C.S. Kadiresan, said, "the outgoing president has been nominated with an object of controlling the Board over and above the president to be elected."

In his orders, Mr. Mohideenpitchai said, "a perusal of the memorandum of Rules and regulations would show that the powers, functions and duties of a patron-in-chief are not defined." He added, "the object of the petition will be defeated if prior notice is ordered and delay is caused thereby."

He then granted interim injunction and posted the matter to October 11 for further hearing.

In the evening, the former Additional Advocate-General, T.R. Rajagopal, mentioned the matter in the High Court, before Justice D. Murugesan, and obtained permission to move a revision petition before the court tomorrow. Mr. Rajagopal, pointing out that Bharathi Cricket Club was not a member of the Board, said if its plea was entertained there would be "cases everywhere."

Order set aside

In the morning, the BCCI had preferred an appeal against yesterday's single judge order appointing the former judge of the Supreme Court, Justice S. Mohan, as Commissioner to conduct the Board elections.

Setting aside the impugned order, the Bench comprising Justice P.D. Dinakaran and Justice K. Raviraja Pandian recorded the undertaking of the BCCI counsel that it would not disqualify any presidential candidate on the ground of residence. It directed the Board to hold elections "strictly in accordance with the provisions of their constitution, rules and bylaws."

It, however, increased the final remuneration payable to Mr. Justice Mohan to Rs. 2 lakhs and asked the Board officials to "offer due respect and all comforts during his stay at Kolkata, without giving any room for the Judge to feel embarrassed.

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