The Supreme Court on Monday refused to pass any order on the plea to restrain N Srinivasan from participating in the November 20 Annual General Meeting (AGM) of the BCCI and to declare as illegal the continuance of its office bearers due to the failure of the Board to hold its elections prior to September 30
The apex court said before taking any call on the issue, it will wait for the outcome of the inquiry of the Justice Mukul Mudgal Committee which is probing the IPL betting and spot-fixing scandal and is scheduled to file its final report by November 10.
"Let us wait for the report of the probe committee. Let the decks be cleared for the elections. We had given the last order (on September 2013) allowing him (Srinivasan) to participate in the election but he will not hold the office (President) till further order".
"Till then you keep quite. We are not concerned at this stage with the AGM. Please wait till the report of the Justice Mudgal Committee is filed," a bench comprising Justices T S Thakur and F M I Kalifulla told the Cricket Association of Bihar which was seeking directions to declare the postponement of AGM after September 30 as illegal".
Senior advocate Nalini Chidamabaram, appearing for the CAB, also submitted that since the AGM was not held prior to September 30, no office bearers have locus standi to continue in the working committee of the BCCI.
She also submitted that since Srinivasan has been directed by this court not to function as President of the BCCI, how can he contest the coming polls.
However, the bench said the apex court's order last year made it clear that the arrangement was till further order and also he is not ineligible to contest the BCCI election.
It also questioned CAB's Secretary Aditya Verma of coming out with the plea to bar Srinivasan from contesting the polls before the submission of the Justice Mudgal Committee's report.
"So you are filing the plea that don't allow him to contest when the sword is hanging. Tomorrow who knows he could be exonerated," the bench observed and added that "if there is an election what happens to his right".
Realising that the bench was not inclined to give any relief to the CAG, Chidambaram said, "Don't pass positive order allowing him to contest".
Before the matter was posted for hearing on November 10, the BCCI informed the bench that the Registrar of Cooperative Society has allowed it to hold the AGM on November 20.