Legal CorrespondentNew Delhi, January 10
In a major boost to newly elected Board of Control for Cricket in India (BCCI) President Ranbir Singh Mahendra, whose election had come under a cloud due to various litigations, the Supreme Court today refused to intervene in the matter and allowed the board to conclude its adjourned Annual General Meeting (AGM) on the issue.
The AGM had to be adjourned on September 29 after
the election of Mahendra and other BCCI office-bearers as the Madras High Court had restrained the new office- bearers from taking charge.
But the apex court refused to intervene in the Chennai District Court order staying the appointment of former BCCI President Jagmohan Dalmiya as its Patron-in-Chief.
“Keeping in view that the elected office-bearers are yet to take charge, we would in exercise of our jurisdiction under Article 142 of the Constitution direct that the adjourned AGM should be immediately convened,” a Bench of Mr Justice N Santosh Hegde and Mr Justice S B Sinha said.
Permission to the BCCI to hold the AGM is being seen as a victory for the Dalmiya camp and the new BCCI President, even though the court allowed Netaji Cricket Club (NCC) of Chennai to file a fresh election petition in an appropriate forum if it had any complaint about the September 29 election of Mahendra and other office-bearers.
Mahendra was elected
BCCI chief with the help of Dalmiya’s “casting vote” after a tie.
The court also confirmed its stay on the appointment of former Supreme Court Judge S Mohan as Administrator of the BCCI, but directed the board to pay him Rs 1 lakh for whatever services he had provided to it.
The court made it clear that the matter before it had come in an appeal by the BCCI against the Madras High Court order in a suit and there was no election petition challenging Mahendra and other board officials’ election held during the September 29 AGM.
Since the AGM has yet to ratify Mahendra and new office-bearers’ election, the appointment of Dalmiya as Patron-in-Chief and his nomination to the International Cricket Club (ICC), there was confusion as whether the new BCCI body was functioning or the old one, the court said.
On the Patron-in-Chief issue and Dalmiya’s representation to the ICC, the court said, “We are of the opinion that it is not necessary to pass any other order at this stage regarding the invitation to Dalmiya to become the Patron-in-Chief of the board” because there was already a stay by the Chennai District Court on a separate petition in this regard.
