Dalmiya can contest elections, court says

Jagmohan Dalmiya has filed a perjury case against the BCCI and the members of the disciplinary committee that expelled him © AFP

The long-running battle between the current office-bearers of Board of Control for Cricket in India and Jagmohan Dalmiya, a former president, looks set to resume following several legal developments on Friday. The Calcutta High Court stayed the BCCI's expulsion last December of Dalmiya and said he was free to contest next week's election to the Cricket Association of Bengal (CAB). Soon after the decision, Dalmiya filed a perjury case against the Indian board before the court.

The BCCI responded by moving a division bench and sought leave to move an appeal on Monday against the order of Justice Indira Banerjee claiming that the order would affect the functioning of BCCI and also several of its previous decisions.

Though the court allowed Dalmiya to contest the elections, the deadline for filing nominations passed this evening with Prasun Mukherjee, the incumbent, as the only candidate for the president's post. Mukherjee had lost the presidential race in a bitterly-contested CAB polls to Dalmiya in July last year and was elected unopposed only after the BCCI's action against Dalmiya.

Upholding Dalmiya's application against the action taken by the BCCI, Justice Banerjee observed that the rule under which he was expelled - and suspended from holding office for three years - was not registered and, as such, was illegal. The judge said there was no bar on Dalmiya contesting any elections of the BCCI or CAB.

"My stand is vindicated and truth has prevailed", Dalmiya said soon after the court's order. "It only goes on to prove that the judiciary in India is still vibrant."

The BCCI had moved against Dalmiya following allegations of his involvement in misappropriation of funds of the Pakistan-India-Lanka Committee (PILCOM), the organising body of the 1996 World Cup held in the subcontinent. Following his expulsion, Dalmiya resigned as CAB president and Mukherjee, also Kolkata's police commissioner, took over.

After getting the reprieve, Dalmiya's counsel, Arindam Bannerjee, revealed the counter case. "We have filed a perjury case against the Board and members of the disciplinary committee which had expelled Dalmiya."

The case was filed against the BCCI, Sharad Pawar, its president, Niranjan Shah, Shashank Manohar and Chirayu Amin.

Bannerjee alleged that the board had placed a forged document before Justice Banerjee regarding the condonation of time application for the registration of an amendment to BCCI's Clause V of Rule 38. He also alleged that the board had incorrectly claimed to have been permitted by the Tamil Nadu Societies Registration (TNSR) body to register the amendment at a later date.

Bannerjee, stating that an amendment must be registered with TNSRA within three months, claimed that the application for condonation of delay was filed six years after the amendment was made in September, 2000 and only after Dalmiya's suspension.

The perjury case was filed under Section 340 of criminal procedure code for allegedly providing false information to the court. The matter would be moved shortly before the High Court, he said.