By IANS,
New Delhi : The Supreme Court Friday cleared the decks for N. Srinivasan to take over as the Board of Control for Cricket in India (BCCI) president later this month.
Srinivasan will take over the reins of the cricketing body at its two-day annual general body meeting Sep 19. At present, Srinivasan is BCCI secretary and had become president-elect during the board’s general body meeting last October.
An apex court bench of Justice Aftab Alam and Justice R.M.Lodha passed the order after counsel C.A.Sundram, appearing for the BCCI, told the court that assumption of office by Srinivasan would be subject to the outcome of the main petition that would be heard by a three judge bench.
Counsel Gopal Subramanium, appearing for Srinivasan, too made a statement endorsing the BCCI position.
Former BCCI president A.C.Muthiah has moved the apex court challenging Srinivasan’s election as BCCI president on the ground that he was involved in a conflict of interest with the cricketing body.
Muthiah has also challenged the amendment to BCCI rules that paved the way for Srinivasan’s India Cements to own IPL franchise Chennai Super Kings.
Asking the court not to entertain Mutiah’s application, Subramanium told the court that his client would maintain highest standards in conducting the affairs of the cricketing body and would not participate in the board meeting when it would discuss the matter concerning India Cements.
Both Sundram and Subramanium made the statement after counsel Abhishek Manu Singhvi, appearing for Muthiah, asked the court that it should make elevation of Srinivasan conditional subject to the outcome of main petition.
As Singhvi pressed for an order to restrain Srinivasan for taking over as BCCI president, Justice Alam asked: “If we give you what you have sought, what will we give you while deciding the main petition?”
Justice Alam also told Sundram: “You will have a tough time in defending that amendment” to the BCCI which paved the way for India Cement to become an IPL franchisee. Srinivasan is the vice president and managing director of India Cements.
BCCI rules bar its office bearers from engaging in commercial activities that conflicts with the cricketing body’s commercial interests. However, by the said amendment, IPL was taken out of the ambit of this clause, thereby permitting India Cements’ Chennai Super Kings to participate in IPL tournament.
Singhvi said that this amendment was contrary to the spirit of the provision which said that “thou shall have no conflict of interest”, adding that this amounted to saying “you should have Hamlet without the Prince of Denmark”.
Referring to the split verdict of April 28 by the bench of Justice J.M.Panchal and Justice Gysan Sudha Misra, Justice Alam told Singhvi that one of the judges had said that being an ex-president of the cricketing body does not grant Muthiah the status of an administrator of the BCCI.
After the split verdict, the matter is pending to be referred to a larger bench for a fresh hearing.