HC stays Dalmiya's suspension, BCCI to appeal

KOLKATA: In a major reprieve for former Indian cricket board chief Jagmohan Dalmiya, the Calcutta High Court on Friday stayed his suspension from the BCCI, allowing him to contest Board elections.

Upholding Dalmiya's appeal, Justice Indira Banerjee observed that the rule under which he was suspended in December 2006 by the Sharad Pawar-led regime was not registered and as such it was illegal.

Justice Banerjee sid in her order that now there was no bar on the seasoned cricket administrator from contesting any elections of BCCI or CAB.

The order also meant that Dalmiya could now attend board meetings if he was nominated by any affiliate unit of BCCI.

The BCCI responded by moving a division bench and sought leave to move an appeal on Monday against the order of Justice Indira Banerjee claiming that the order would affect the functioning of BCCI and also several of its previous decisions.

BCCI counsel Ranjan Bachawat told the court that the appeal would be filed on Monday.

But Dalmiya stepped up his offensive by filing a perjury case against the BCCI, President Sharad Pawar, Secretary Niranjan Shah, Vice Presidents Shashank Manohar and Chirayu Amin.

Dalmiya's counsel Arindam Banerjee alleged in the petition that the board had placed a forged document before Justice Banerjee regarding the condonation of time application for registration of an amendment to BCCI's clause V of Rule 38.

He alleged that the board had wrongly claimed to have got permission from the Tamil Nadu Societies Registration body to register the amendment at a later date.

Justice Banerjee, delivering the order on Dalmiya's application challenging his suspension from the Indian cricket board, observed that clause V of Rule 38 (suspension of any BCCI office-bearer) of BCCI had not been registered under the Tamil Nadu Societies of Registration Act.

Dalmiya's counsels Satyabrata Mukherjee and Arindam Banerjee had earlier submitted before the court that BCCI, which is registered under the TNSRA, had amended Rule 38 in September, 2000, but had not registered the amendment as per the Societies Act.

BCCI had later applied for registration with condonation of time, but the application had not yet been approved by TNSRA, they had submitted.

The BCCI had slapped the suspension on Dalmiya alleging his involvement in misappropriation of funds of the Pakistan-India-Lanka Committee, the organising body of the 1996 World Cup held in the subcontinent.

Following his suspension, Dalmiya resigned as Cricket Association of Bengal president and Prasun Mukherjee, also the Kolkata Police Commissioner, was elected unopposed to the post earlier this year.

Mukherjee, who had lost the presidential race to Dalmiya last year, is seeking re-election to the top job.
   
This year's CAB elections are slated for July 28. The deadline for filing of nominations closed at 4 pm on Friday.

Not surprisingly, Dalmiya decided not to contest for the President's post although candidates were named for various other posts from his group.