HC directs BCCI to produce records on bi-laws amendment

Chennai, Dec 13 (UNI) Madras High Court today directed the Board of Control for Cricket in India (BCCI) to produce the records pertaining to the registration of amendments to bi-laws of BCCI rules made in 2000.

Ms Justice Chitra Venkataraman gave the above directive while posting to tomorrow, further hearing of the petition filed by the Cricket Association of Bengal (CAB), seeking to declare Rule 27, 38 (IV) and 41 of rules of regulations of BCCI as ultra vires the Tamil Nadu Societies Registration (TNSR) Act, 1975 and to restrain the BCCI from holding any Special General Meeting.

When the case came up for hearing, Senior Counsel A L Somiyaji, appearing for CAB submitted that under section 2 (1) of the TNSR Act, any resolution in a Special General Meeting of a Society registered under it, was compulsorily required to be adopted and passed by a majority of not less than three-fourths of members entitled to vote present in person or by proxy. However, the BCCI had introduced Rule 38 (IV) in its rules, providing that the Board can at a Special General Meeting, take a decision by a majority of two-third members present and voting.

Similarly, Rule 41 of the BCCI rules facilitates amendment of a Memorandum and that the rules may be carried out by two-third majority of the members. These provisions are void, illegal and contrary to section 12 read with section 2 (1) of the said act, he added.

Mr Somiyaji said, Rule 27 of the BCCI rules illegally empower its President, an individual and not a member, a right to vote in all Special and General meeting of BCCI, including exercising casting vote in case of a tie.

He said the bi-laws will continue to be in force so long as they are not inconsistent with the said Act. Since these three rules which was brought in 2000 contravenes the said Act, it cannot be acted upon. There was an apprehension that some members will be expelled in the December 16 meeting. Hence if any resolution was passed, it has to be in conformity with the act.

Since the provisions are contrary to the Act, they shall not be allowed to act on the basis of the rules. Let the BCCI act in accordance with the act. If any resolution was passed in December 16 meeting, the BCCI should not enforce the same, till the disposal of this petition, he added.

The Senior Counsel P S Raman, appearing for BCCI submitted that the questions raised in the suit may not have relevance for the purpose of expulsion of a member. The amendment reducing the majority from three fourths to two-third was passed in 2000. So far it has not affected the act. No act says any particular majority should be needed for disciplinary proceedings. Mr Jagmohan Dalmiya was the President when the resolution was passed. No majority was needed for disciplinary proceedings. Even a simple majority was enough.

As per the act, the Registrar accepted the bilaws and registered it. Hence it was sanctified. It was for the sub-registrar to move the Registrar stating that the rules violated the Act. The bilaws are in force for the last six years. So far as voting by the Chairman was concerned, since 1940, the Chairman represents the BCCI. Under the bi-laws, the Chairman was given to vote. On the eve of the meeting, one member cannot come and say the rules are wrong, he added.

Mr Raman said they are parties when amendment to bilaws was passed in 2000. Since disciplinary proceedings have been initiated against Mr Dalmiya, the CAB has rushed to this Court. Moreover, on December 12, 2006, he has filed a case in a city civil court in Kolkata with regard to the purported disciplinary committee meeting.

However, no interim order was granted by the court. Having failed there, he has rushed to this court. Unless the petitioner shows that there are some provisions, which mandates three-fourths majority for conducting disciplinary committee meeting, it cannot question the same, he added.

Since the registration of the amendments to bilaws of BCCI was disputed by Mr Somiyaji, the judge directed Mr Raman to produce the records pertaining to the same tomorrow.

UNI