CAB polls: HC returns appeal to lower court

Published: Thursday, July 20, 2006, 23:53 [IST]
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Kolkata:A division bench of Calcutta high court today refused to admit an application by the anti-Dalmiya faction in the Cricket Association of Bengal (CAB) seeking direction to a lower court for expeditious hearing of its suit for appointment of an independent observer for the forthcoming CAB polls.

The case was heard by Justice Prabir Kumar Samanta today, after another bench presided by Justice Pranab Chattopadhyay released the matter on personal grounds.

A two-judge bench headed by Justice P K Samanta heard the case today in which applicant and assistant Secretary of Aryans Club and leader of the dissident group Samar Pal's counsel Debanjan Mondal and team requested for the High Courts intervention in passing an interim order for the speedy disposal of the case.

But Justice Samanta after taking note of the situation, denied to admit the case and sent it back to the lower court directing it to hear the petition tomorrow.

He said as the case is pending hearing tomorrow at the city civil court, let it hear the case and take a decision.

Samar Pal had prayed for speedy hearing of the application that he moved on Monday before the city civil court here ahead of the CAB polls scheduled for July 30.

Pal had filed the suit before Chief Judicial Magistrate(CJM) of City Civil Court P K Sarkar on Monday, praying for appointment of an observer and to frame a scheme for conducting the elections in a free and fair manner. He also asked the court to look into the accounts of CAB and hoped for an ex-parte decision.

Admitting the petition, CJM Sarkar had directed that notices be issued to CAB and its president Jagmohan Dalmiya and fixed the matter for hearing on July 21.

Pal claimed that elections to the CAB would not be conducted in a free and fair manner as the president or his group might contest the elections.

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