In a relief to NCP chief Sharad Pawar, the Bombay High Court today quashed and set aside an order passed by a city civil court temporarily restraining him from functioning as president of the Mumbai Cricket Association (MCA) here.
Justice Anoop Mohta was hearing a petition filed by Pawar challenging the November 26 interim order passed by the lower court.
The lower court order came during the hearing of an application filed by senior BJP leader Gopinath Munde seeking Pawar to be restrained from functioning as MCA chief pending hearing of his suit challenging the NCP supremo's election as its chief.
"No objection was ever raised on the eligibility of the applicant (Pawar) as president of MCA. The main issue revolves around the rejection of nomination filed by Munde. It needs to be seen if there is strong prima facie evidence of illegality," Justice Mohta said.
He added that Pawar was duly elected as per the by-laws.
Justice Mohta, however, said the second part of the lower court's order expediting hearing into Munde's suit is maintained. The lower court had directed for the suit to be heard and decided within three months.
Munde in his suit had challenged rejection of his nomination to contest the biennial presidential election.
The BJP leader's nomination was rejected by the election officer on the basis of his residential status, observing that the address on his electoral registration was Beed.
Munde also prayed that Pawar, who was declared elected unopposed, should not take charge and, if he does, should not be allowed to discharge the functions of the president.
According to MCA rules, only a permanent resident of Mumbai can become president of the cricketing body.