The Supreme Court will take up on Dec 9 for final hearing two appeals of India's cricket board and president-elect Jagmohan Dalmia challenging a Madras High Court order superseding the board and appointing an administrator.
Passing orders on a review petition by Chennai-based Netaji Cricket Club, the high court had restrained the Board of Control for Cricket in India'a (BCCI) newly elected office-bearers from discharging their functions and appointed former Supreme Court judge Mohan administrator.
On an appeal by the BCCI, judges N. Santosh Hegde and S.B. Sinha, constituting a bench, stayed the high court order on Oct 11 and allowed the board to function. It also stayed the appointment of Jagmohan Dalmiya as BCCI patron-in-chief and posted the case for final hearing on Oct 27.
The hearing was later fixed for Nov 30, but the matter could not be taken up even then or the next day.
Therefore, senior counsel Harish Salve and Fali S. Nariman made a mention Thursday and pleaded that the case might be taken up next week.
They said that despite the court order Dalmia was acting independently and a contract was to be signed for the India-Pakistan series scheduled to be held in India in February next.
This was stoutly denied by counsel for board Abhishek Singhvi, who said no such contract was envisaged.
With the consent of the parties the bench fixed the hearing for Dec 9.
The BCCI had assailed the high court order contending that there was no justification for it to come to the conclusion that there were irregularities in the election warranting restraining the newly elected office bearers from taking charge.
It also questioned the locus standi of the Netaji Cricket Club to challenge the elections to the board.
--Indo-Asian News Service