Legal Blog: Supreme Court Delivers Split Verdict on Ex-BCCI President’s Plea

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Friday, April 29, 2011

Supreme Court Delivers Split Verdict on Ex-BCCI President’s Plea

Source : Indlaw

A two-judge bench of the Supreme Court today delivered a split verdict on a petition filed by former BCCI President AC Muthiah challenging the amendment made in BCCI Rules to enable N. Srinivasan to contest election for the post of BCCI secretary. 

Justice JM Panchal dismissed the petition while Justice Gyan Sudha Misra allowed the petition filed by Mr. Muthiah and declared the amendment made in BCCI Rules to favour Mr N. Srinivasan as null and void and discriminatory. 

Mr. Srinivasan has stakes in Chennai Super Kings, one of the teams participating in IPL tournaments and the BCCI Rules did not permit a person having stakes in any other tournament affiliated to BCCI to contest the election. The rule was amended just to favour Mr. Srinivasan so that he may contest for the post of BCCI secretary, the petitioner contended. 

Petitioner has also contended that the amendment was arbitrary and illegal and therefore it should be quashed. 

The case shall now be heard afresh by a larger bench which may also have a relook at the earlier Supreme Court judgment which had declared that BCCI is not a state under Article 12 of the Constitution. 

The two-judge bench directed that the matter be placed before the Chief Justice of India for constituting an appropriate bench.

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