Former Chairman of State Law Commission of Maharashtra DN Choudhari on Wednesday turned down Mumbai Cricket Association's (MCA) offer to become electoral officer for its upcoming elections.
It is learnt that Choudhari's contention was that holding elections right now on Committee of Administrators' directive will not be right in view of the Supreme Court order.
There are multiple Interim Applications (IA) by state associations pending in the Supreme Court even as the CoA has directed states to complete electoral process by September 28. The proposed date for BCCI AGM-cum-elections is October 22.
The MCA on August 20 had approached Choudhari, former Principal Secretary, Law and Justice department of the Maharashtra government to become its electoral officer.
On August 30, the MCA also sent him the minutes of the meeting which were held between MCA Ad Hoc Managing Committee members and the Amicus Curie.
On Wednesday, Choudhary wrote back to MCA stating: "I am of the view that holding of election at this point of time may not be that easy in utter disregard of the order of the Hon'ble Supreme Court of India dated 5th July 2018 in CA no 4235 of 2014".
The letter written by Choudhary was made public by the association on its website.
"Having regard to the situation which is created by the direction of Hon'ble Supreme Court of India not to hold election, holding the election as desired by the Committee of Administrators of BCCI would be in breach of the order of the Hon'ble Supreme Court of India," Choudhari wrote.
He said that accepting the appointment at this stage will be in contempt of apex court's order.
"Accepting at this stage the appointment of electoral officer by me would be falling in line with all those who would be committing such contempt of the Hon'ble Supreme Court of India.
"Therefore giving my consent as requested under letter serial number 1 under reference at this stage would not be legally in order for me," he stated.
The retired bureaucrat advised MCA to appoint electoral officer only after getting proper directive from Supreme Court.
"You may, however, renew your reference in the matter of my consent for being appointed as Electoral Officer only after seeking the orders of Hon'ble Supreme Court of India permitting to hold the election," he further wrote.
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