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Tuesday, Jan 11, 2005

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Supreme Court allows BCCI to hold AGM

By Our Legal Correspondent

NEW DELHI, JAN. 10 . The Supreme Court today permitted the Board of Control for Cricket in India (BCCI) to hold the adjourned Annual General Meeting (AGM) held on September 29, 2004, in which Ranbir Singh Mahendra and other new office-bearers were elected, and complete the AGM to ratify their elections.

A Bench, consisting of Justice N. Santosh Hegde and Justice S.B. Sinha made absolute its October 11, 2004 interim order staying the appointment of Justice S. Mohan, retired Supreme Court Judge as the administrator of the Board.

But regarding the nomination of Jagmohan Dalmiya as Patron-in-Chief of the Board, the Bench said that since a court in Chennai had stayed this appointment, it was not passing any order.

The Bench said that "keeping in view the fact that interim order of injunction as regard to the agenda for the appointment of Jagmohan Dalmiya as Patron-in-Chief of the Board and its recommendation nominating him as its representative to the ICC in the suit filed by Bharati Cricket Club, it was not necessary to pass any other order at this stage."

The Bench directed the Madras High Court to dispose of the petitions filed by Netaji Cricket Club and others challenging the holding of the AGM as expeditiously as possible.

The Bench made it clear that as regards the election of the new office-bearers of the Board, it was open to an aggrieved party to question the legality or validity of the AGM dated September 29 last.

The "Netaji cricket Club also may, if it is otherwise permissible in law subject to an appropriate order that may be passed by the Madras High Court, file an application for amendment of plaint or take such other step or steps as may be advised," the Bench said.

The Judges directed the BCCI to convene immediately the incomplete AGM so that the adjourned meeting could be concluded and the tenure of the old Board headed by Mr. Dalmiya would come to an end and the new members could take charge of the affairs of the Board.

Notice to TRAI

PTI reports:

The Supreme Court today issued notices to Prasar Bharti and the Telecom Regulatory Authority of India on a petition filed by ESPN challenging a Kerala High Court judgment, directing it to share its live feeds for the India-Bangladesh cricket series with Doordarshan.

The Court said that as the event was over, there was no need for an interim order, and directed the matter to be tagged along with a petition filed by TEN Sports, wherein similar relief was sought against Doordarshan for the India-Pakistan series last year.

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