The Hindu : Sport / Cricket : HC dismisses CAB suit

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Saturday, Dec 16, 2006
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HC dismisses CAB suit

Special Correspondent

CHENNAI: The Madras High Court has dismissed a civil suit filed by the Cricket Association of Bengal (CAB) to restrain the BCCI from convening any Special General Meeting and passing any resolution as per its amended rules.

Justice Chitra Venkataraman dismissed the suit saying there was no justification or merit to injunct the BCCI and the Registrar of Societies from convening special general meetings or passing special resolutions.

In his petition, Saradindu Paul, honorary secretary of CAB, had said that though the Tamil Nadu Societies Registration Act stipulated that a special resolution must be passed by a majority of not less than three-fourth of members present and voting, the BCCI had altered it to the effect that two-third majority was sufficient to amend rules and memorandum.

A.L. Somayaji, senior counsel for the CAB, argued that the impugned changes had been made with "oblique and malafide object," and that unless the BCCI was restrained by judicial orders "cricket in India would be totally prejudiced beyond rejuvenation."

However, acceding to the submissions of P.S. Raman, senior counsel for the BCCI, Mrs. Justice Venkataraman said the applicant (CAB), particularly its president, was a part of the proceedings and the amendment introduced to Rule 38.

She, however, observed, "I do not accept that a non-challenge to an illegality of a provision and the consistent practice could cure an illegality. Yet, at the same time, in the absence of an elucidation of the possible injury I do not find any justifiable ground to injunct the BCCI from convening the meeting."

As for the second prayer, that in the event of any resolution being passed the same should not be given effect to, the Judge said, "I fail to see any justification to grant the relief. As rightly contended by the senior counsel for the BCCI, I do not that find any of the provision of the Act stating that a disciplinary action must necessarily be subjected to a special resolution requiring not less than three-fourth of the members present in person or by proxy and voting."

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