The Hindu : National : Court disposes of BCCI's appeal

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Sunday, May 01, 2005

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Court disposes of BCCI's appeal

Legal Correspondent

NEW DELHI: The Chennai-based Nethaji Cricket Club gave an assurance in the Supreme Court on Friday that it would not question the election of the new office-bearers to the Board of Control for Cricket in India (BCCI) in the review petition pending before the Madras High Court.

Recording this assurance, a Bench of Justice Santosh N. Hegde and Justice S.B. Sinha disposed of the appeal filed by the BCCI challenging the High Court order dated April 11 permitting impleadment of the new office-bearers.

Acting on a review petition, the High Court by an interim order had superseded the Board and appointed a retired judge of the apex court, S. Mohan, as interim administrator to manage the board's affairs. As a result, the newly-elected office-bearers could not discharge their functions.

Though the apex court stayed the High Court's interim order on appeals from the BCCI and others, it disposed of the appeals stating that the review petition could be heard.

Accordingly, the Nethaji Club filed an application for impleadment of the new office-bearers and the High Court by an order dated April 11 permitted it. The present special leave petition by the BCCI is directed against this order.

When the matter was taken up on Friday, senior counsel Ashok Desai, appearing for the BCCI, said the High Court could not permit impleadment of new office-bearers.

However, senior counsel Fali Nariman appearing for the Nethaji Club said the High Court by impleading the new office-bearers had only given them an opportunity of being heard.

But Mr. Desai said: "How can they question the election of new office-bearers in a review petition."

To this Mr. Nariman said "we will not raise the election issue" and proceedings on the review petition could go on in the High Court.

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