Justice S. Mohan in Calcutta on Wednesday. Picture by Santosh Ghosh

Chennai, Sept. 29: The Board of Control for Cricket in India won a court battle but suffered a setback in another in Chennai ahead of its annual general meeting in Calcutta to elect office- bearers.

A division bench of Madras High Court today set aside the appointment of Justice S. Mohan, a retired judge of the Supreme Court, as commissioner to conduct the BCCI elections.

Justice Mohan, who was appointed by a single bench of the same court last evening, was already in Calcutta when the order came.

Justices P.D. Dinakaran and K. Raviraja Pandian, hearing an appeal by the BCCI in their chambers at 9.30 am, accepted the board?s contention that the suit by petitioner Netaji Cricket Club of Saidapet in Chennai ? a member club of the Tamil Nadu Cricket Association ? was not maintainable.

The matter had been posted for urgent hearing by the high court chief justice.

Netaji club had yesterday urged the court to restrain the BCCI from conducting the elections saying irregularities might occur and ?result in injustice?. The club had asked for polls to be held under the chairmanship of a retired Supreme Court or high court judge.

The BCCI said in its appeal there ?is absolutely no basis for such apprehensions? and questioned the local club?s locus standi. Netaji club was not a BCCI member, it pointed out. The Tamil Nadu Cricket Association also distanced itself from the petition.

Setting aside the appointment of Justice Mohan as overseer, the judges directed that the elections be held ?strictly in accordance with the constitution and the rules or by-laws? of BCCI. They said it ?should not disqualify any candidate for the post of president on the ground of residence.?

While the BCCI had the upper hand in the high court, it took a blow in a city civil court. In an order delivered last evening that was known only this morning, the court ?restrained? BCCI from confirming the nomination of outgoing president Jagmohan Dalmiya as patron-in-chief for three years from October 1.

Granting an ad-interim injunction till October 11 on a petition by another local cricket club, Bharathi Cricket Club, the judge said: ?A perusal of the Memorandum and Rules and Regulations would show that the powers, functions and duties of a ?Patron-in-Chief? are not defined.?

The BCCI had named Dalmiya patron-in-chief at its special general body meeting in Chennai on September 12 and this was to be confirmed at the AGM.

In the evening, Madras High Court permitted BCCI to move a revision petition against the order. Late tonight, Dalmiya said the BCCI would move the high court against the stay on the confirmation of his appointment.