Giving the order, Justice Soumitra Sen directed that the observer shall have the authority to decide at the floor of the meeting in case of any dispute in the course of the election process.
The order came in the wake of a petition filed by Kalighat Club, an affiliated member of the Cricket Association of Bengal (CAB), which sought the appointment of an observer for attending the Annual General Meeting to be held on September 22 and 23 so that the election at the meeting is held in a free and fair manner.
Appearing for the club, counsel Hirak Mitra claimed that there was every possibility of malpractice in the election process. Justice Sen observed that the problem was precipitated by the absence of specific and clear election rules.
He further observed that the primary dispute that is likely to take place is with regard to eligibility criteria of representatives of the associations who are going to cast their votes.
One Bharti Cricket Club submitted that a proceeding has been initiated at Madras High Court for appointment of a chairman of the said meeting and sought adjournment of proceedings at the court here till the result of the said application.
Justice Sen, however, observed "since the meeting is going to commence tomorrow, I am not inclined to adjourn this proceeding any further."
He said no prejudice would be caused to anyone if an observer is appointed to oversee the election process to ensure that it is held in a free and fair manner.
He further observed that in the absence of established procedure or rules for holding such an election, it gives rise to speculation and manipulation of established conventions which are not codified. The matter will come up for further hearing on September 27.