Civil court gives NCP chief one week to challenge order in HC.
In a jolt to Nationalist Congress Party (NCP) chief Sharad Pawar, a city civil court on Tuesday temporarily restrained him from discharging his duties as president of the Mumbai Cricket Association (MCA). However, the court has given Pawar a week to challenge the order.
The court, presided over by judge MS Sharma, passed the interim order while hearing an application by senior BJP leader Gopinath Munde, seeking that Pawar be restrained from functioning as MCA president pending hearing of his suit challenging the NCP supremo’s election as its chief.
Munde had in October approached the city civil court, challenging the MCA’s decision to allow Pawar to contest its elections. In his suit, Munde had maintained that he, too, had applied for the same post as Pawar, but the MCA had rejected his application on the grounds that his address on the electoral records was of his home town, Beed.
According to MCA rules, only a Mumbai resident can become president of the cricketing body. As per a Bombay High Court order of 2006, a person could have residences in different cities, but he is considered to be a permanent resident of only that place where his name appears on the electoral rolls.
The court, while passing the order, held that since the tenure of the MCA president lasts only for two years, Munde’s suit should be disposed of within three months.
The court held, “The court has found that there was apparently some violation of rules by the MCA’s officials while appointing Pawar. As per rule 33 of the MCA constitution, only the managing committee of the MCA has the power to interpret rules, but in the present case, election officers and appealing authorities have interpreted it, thus violating rules.”
Advocate Vivekanand Gupta, Munde’s lawyer, told dna, “In Pawar’s absence, the vice-president will handle the MCA’s functions. However, the court has granted Pawar a week’s time to approach the high court if he wishes to challenge the order. The matter is now adjourned to December 3.”
He added that in 2011, the MCA had accepted the late Vilasrao Deshmukh’s application, even though he did not have a Mumbai address on his electoral records. Deshmukh was elected MCA president in 2011.
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