The Hindu : National : T.S. Krishnamurthy appointed observer for BCCI polls

Online edition of India's National Newspaper
Wednesday, Oct 26, 2005

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National

T.S. Krishnamurthy appointed observer for BCCI polls

J. Venkatesan

Contending parties reach a consensus to hold the adjourned AGM

All questions arising as to the validity of the votes or the disqualification or the eligibility of any candidate to any post would be decided by the Observer in accordance with BCCI rules.

NEW DELHI: With the consent of the contending parties, the Supreme Court on Tuesday appointed former Chief Election Commissioner T.S. Krishnamurthy as Observer for conducting the Board of Control for Cricket in India (BCCI) elections to be held at Kolkata before November 30.

The BCCI and the three cricket associations submitted before a three-Judge bench comprising Justice B. P. Singh, Justice S. B. Sinha and Justice P. K. Balasubramanyan that they had reached a consensus to hold the adjourned annual general meeting for the election of office-bearers with Mr. Krishnamurthy as the observer. The bench after giving its nod to the proposals passed an order in terms of these proposals.

SLPs filed

The bench was hearing a batch of Special Leave Petitions filed by the Rajasthan and Bihar Cricket Associations and the Nethaji Cricket Club questioning the Calcutta High Court order quashing the appointment of the former Chief Justices, K.N. Singh and M.M. Poonchi, as Special Observers for the BCCI polls.

The draft minutes of the order as approved by the Bench said that the function of the Observer would be confined to election alone and the rest of the agenda would be taken up after conclusion of the election and declaration of results.

The AGM should not be adjourned without the concurrence of the Observer, whose fees was fixed at Rs. 2 lakhs besides other expenses.

Video and audio-taping

The proceedings of the AGM would be video and audio-taped under the supervision of the Observer and he would make available the copies to the apex court.

All questions arising as to the validity of the votes or the disqualification or the eligibility of any candidate to any post would be decided by the Observer in accordance with law and the rules and regulations of the BCCI.

Not only the documents relating to disqualification of candidates or nominees but also any votes held to be invalid would be placed in a separate envelope.

Requisite powers

The Observer would have all requisite powers so as to ensure that the meeting was conducted smoothly. He should declare the result as provided in the Rules of the BCCI on the basis of valid votes.

The date for the adjourned AGM would be fixed by the BCCI in consultation with the Observer, however it should not be later than November 30.

The Observer should file within a week a report to the apex court as to the conduct of elections, along with brief reasons for his rulings on voting rights and on eligibility/disqualification, if any. No other court in India should entertain any suit or legal proceedings impinging on these elections.

The Observer should carry out the mandate of this order and the election should be held on the date and venue that might be notified by the BCCI notwithstanding the order of any other court to the contrary. The Bench while passing this consent order directed the matter to be listed on December 12 for further directions, if needed.

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