Chennai: Taking a serious view of the manner in which the election to the BCCI (Board of Control for Cricket in India) was held in Kolkata last week, the Madras High Court today (Oct 8, 2004) restrained the newly elected BCCI members from functioning.

Issuing an interim order on a review application filed by city based Netaji Cricket Club, a division bench, comprising Justice P D Dinakaran and Justice K Ravirajapandian, appointed retired Supreme Court judge, Justice S Mohan, as interim administrator to run the affairs of the Board, subject to his consent.

"Prima facie, we feel that an undertaking given before the court, pertaining to the conduct of the election, has been violated. We are satisfied there is a prima facie case for granting interim orders," the bench said.

Earlier, senior Supreme Court lawyer Arun Kumar Babde, who appeared on behalf of the club, contested the Board's claim that the club had no locus standi to challenge the functioning of the Board.

He said that under Rule 2, although the club was affiliated to the Tamil Nadu Cricket Association, it was entitled to question the action of the BCCI.

Appearing on behalf of the BCCI, senior counsel Rajagopal said since the court had already decreed the suit and provided relief to the plaintiff, the question of review did not arise.

He said the relief pertained only to contesting the BCCI presidential elections and not voting in the elections.

The bench ordered notice to the BCCI, returnable in a week.

In its review application filed at the Madras High Court yesterday (Oct 8, 2004), the Netaji Cricket Club sought to set aside the election of BCCI office bearers, held at Kolkata on September 29 and 30.

The club also sought to restrain the newly elected members from functioning and for appointment of an interim administrator to run the affairs of the club.

In its application, the club contended that it was aggrieved by a division bench order of Sept 29, setting aside a single judge's order a day earlier, appointing Justice S Mohan as commissioner to conduct the BCCI election.

On Sept 28, Justice Ashok Kumar had appointed Justice Mohan to conduct elections, in accordance with the BCCI rules.

The judges also granted leave to chairman of the Maharashtra cricket Association, D Agashe, to file a review application.

Yesterday, Agashe had sought leave of the court to file a review application, similar to that filed by the club.