The Hindu : Sport / Cricket : Madras High Court dismisses Netaji Cricket Club's petitions

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Friday, Sep 23, 2005

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Madras High Court dismisses Netaji Cricket Club's petitions

Special Correspondent

CHENNAI: The Madras High Court has rejected civil suits filed by the city-based Netaji Cricket Club seeking appointment of an independent authority to hold the BCCI elections, saying the club "had not come to the court with clean hands."

The eleventh hour applications appeared to have been filed to cause "inconvenience and hardship" to the BCCI and any intervention at this stage would cause "irreparable loss to the Board," ruled Justice M. Thanikachalam, dismissing the petitions.

Not accepting the Netaji Cricket Club's contention on Ranbir Singh Mahendra's re-election bid as BCCI president and the possibility of him manipulating the poll process, the Judge said that since nothing specific had been brought to the notice of the court, it would only protect the acts of Mr. Mahendra.

"The court should protect the acts of Mr. Mahendra since nothing was brought to my notice to say that he had crossed the bounds and limits of any regulations and rules. I am unable to find any infirmity in the activities of BCCI, which are carried out by its president, or any alleged infringement of personal rights of the NCC."

He also pointed out that the rules, recognising the incumbent president as chairman of the annual general meeting with powers to disqualify voters, were in existence for over seven decades, and added that neither the full members of the Board or any associated member or any individual has challenged the rules so far.

"When the rules are in force, it is the duty of the court to recognise the same and to give force too."

If the rules are not satisfying the present needs or they require amendments, the person interested should have taken steps to amend or frame the Rules and Regulations to suit the present needs and not to question the activities of the chairman who is acting as per the existing rules, he said.

Referring to the Calcutta High Court order appointing a retired Judge of the Supreme Court as observer for the BCCI polls, Mr. Justice Thanikachalam said, "this may, to a certain extent, give relief to the apprehension entertained by the Netaji Cricket Club."

If the elections were stayed the Board would suffer irreparable loss whereas if it were allowed to be held the aggrieved parties had an option of moving election petitions, he said.

Questioning the very locus standi of the Netaji Cricket Club, Mr. Justice Thanikachalam said, "I am unable to find any acceptable averments as to how the Netaji Cricket Club's right is affected when, admittedly, it is not the member of the BCCI."

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