The Board of Control for Cricket in India filed a special leave petition in the Supreme Court challenging the Madras high court order restraining all its newly-elected office-bearers from functioning.
The BCCI has sought a stay on the order on grounds that the high court committed gross error in entertaining the review petition filed by Netaji Cricket Club when the BCCI had not violated any of the undertakings it submitted before the court.
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A Division Bench of the Madras high court, in its order on Friday, had restrained newly-elected BCCI president Ranbir Singh Mahendra and the other office-bearers from functioning while appointing retired Supreme Court Judge S Mohan as interim administrator to run the affairs of the Board, subject to his consent.
The order was passed on the petitioner's demand for setting aside the elections, held in Kolkata on September 29, restraining the newly-elected office bearers from functioning and appointing an interim administrator to conduct the Board's affairs till disposal of the petition.
Mahendra was elected in a highly contentious election. He narrowly beat Maharashtra politician Sharad Pawar 16-15, the casting vote by outgoing president Jagmohan Dalmiya clinching him victory.
The BCCI's petition said the "the high court order restraining the newly-elected Board from functioning will prevent the process of selection of players by the Selection Committee for the ongoing Test Series with Australia and the posting of third and fourth umpires by the Umpires Committee."
Giving a new twist to the election of its office-bearers, the BCCI indirectly said that the Madras high court order would not have any effect on its functioning as the newly-elected office-bearers have not assumed charge.
"The Annual General Meeting of the Board was yet to be terminated, two of its agendas being adjourned till October 26, 2004 and the office-bearers and vice-presidents elected in course of the elections held in September 2003 continue to hold office and as such the new office-bearers elected on September 29, 2004 have not yet assumed charge," it said.
Claiming that the high court committed a gross error, the Board sounded a warning that it could bring Indian cricket to a standstill.
"In the event the high court order is given effect to and acted upon, the entire game of cricket at national and international level would come to a standstill," the Board said, and requested the court to grant ex-parte stay of the high court order.
Stopping short of terming Justice Mohan's appointment as administrator as illegal, the Board said he did not have the authority to select players for the Indian team.
"Neither under the Rules of the BCCI nor otherwise an administrator is capable and/or authorised to select the team," it said.
The interim order of the high court came on Friday following a review application filed by the Madras-based Netaji Cricket Club, which has been made by the Board as the first respondent in its appeal, filed jointly with the Delhi District Cricket Association (DDCA). The second respondent is the Tamil Nadu Cricket Association.
