Questioning the Board of Control for Cricket in India's fresh registration in September 2006, the Bihar Cricket Association (BCA) moved the Madras high court to restrain the Board and Registrars of Societies, in Chennai, from acting on the basis of the registration.
When the PIL filed by BCA came up for hearing on Thursday, a Division Bench, comprising Justices S J Mukhopadhaya and R Sudhakar, ordered issue of notice to the BCCI, the Registrar of Societies, Chennai North, and Registrar of Societies, Chennai Central, among others.
Challenging the "various gross illegalities and fraud committed by the respondent authorities in collusion and conspiracy with BCCI," the BCA contended that the creation of a 'new' society having an identical name of an existing society with the intent and design to circumvent the statutory provisions is a gross abuse of the due process of law".
Besides, the BCA said, it is fraud on the Tamil Nadu Registration Act 1975 and called for judicial interference of the high court.
Claiming that even while the BCCI, which was registered by the Registrar of Societies North Chennai in November 1940, has not been dissolved and is still in existence, the petitioner questioned the action of the Registrar of Societies Central Chennai in registering another society in the name of the BCCI on September 25, 2006.
"On and from September 25, 2006, two societies under the same name have come into existence and the same is not permissible under the provisions of the Act of 1975," the BCA contended.
The Registrar had no jurisdiction to grant registration in the name of another society having an identical name, the BCA claimed and alleged that the fresh registration was bad in law and liable to be cancelled and set aside.
The association alleged that the registration was granted in undue haste, as from available records it could be seen the registration was granted on September 25 last, the same day that the application for registration was made.
Stating that BCCI would cease to remain a full member of the ICC until granted fresh affiliation by the world cricket body, the BCA contended that no one claiming any right or authority under the newly registered BCCI could in any way be involved in the affairs of the ICC or events conducted by it.
Visualising the likelihood of a handful and favoured few securing undue financial benefit, the association alleged that millions of young cricketers and cricketing fraternity all over the country would be illegally and arbitrarily deprived of their legitimate, legal and fundamental rights and entitlements.
"In the event of the challenged registration of the new society being held valid, with the consequential cancellation of registration of the BCCI, the entire functioning of BCCI will be deemed to have ceased from September 25, 2006," the BCA said.