SC verdict clears decks for Srinivasan

Apex court rules that current secretary can take over as BCCI president on Sept 19

A bench of Justices Aftab Alam and RM Lodha, however, clarified that the appointment of Srinivasan would be subject to the final outcome of a petition filed by former BCCI chief AC Muthiah.

Srinivasan is scheduled to take over as BCCI president, replacing Shashank Manohar on September 19.

In his petition, Muthiah questioned Srinivasan’s eligibility for holding any post in the Board while owning Chennai Super Kings, an IPL team.

Muthiah filed an application contending that Srinivasan should not be allowed to take over as BCCI’s head till his petition raising the issue of conflict of interest was decided.

A Supreme Court Bench had on April 28 delivered a split verdict on the plea made by Muthiah challenging amendment in the cricket board’s rules in an effort to keep the IPL and T20 tournaments out of BCCI’s purview.

The Court had then sent the matter to the Chief Justice of India for necessary action.

In his petition, Muthiah had sought suspension of the amendment to Clause 6.2.4 in the BCCI’s regulations allowing an administrator to have direct or indirect commercial interest in the matches or events like the IPL or Champions League Twenty 20.

He had alleged that the amendment was brought to favour the cricket board's secretary N Srinivasan who owned the T-20 team the Chennai Super Kings (CSK).

“The contention relating to conflict of interest is thoroughly misconceived and proceeds on certain presumptions which have no factual basis.”

“It is nobody’s case that the team was purchased by the respondent (Srinivasan) for a smug and that he had prevented others who wanted to offer more price for purchase of the team and thereby caused financial loss to the BCCI. Thus, the plea of conflict of interest is substanceless and is hereby rejected,” Justice Panchal had said.

In a separate verdict, Justice Mishra, however, had held that the amendment brought in the rules on September 27, 2008 was “fit to be suspended”.

“In the instant matter, when the BCCI held auction for owning an IPL Team and an Administrator -- (Srinivasan) participated in the bid, variety of real and/or perceived conflict of interest cannot be ruled out.

“These included access to insider information, possible undue influence on the decision makers who held the auction and the like,” Justice Mishra had said.

She had said if Srinivasan, opted to own CSK, he would be restrained from holding any office in the BCCI.