Calcutta: Former president Jagmohan Dalmiya filed a case before the Calcutta high court Thursday against the BCCI challenging their decision to expel him on charges of alleged misappropriation of funds.

In his petition, Dalmiya stated that the decision by the disciplinary committee was false, fabricated and made with a pre-determined biased motive.

Dalmiya also claimed that Rule 38 itself, under which the disciplinary proceedings were initiated, was non-existent in the eye of law. He also challenged the legality and validity of clause 38 (V) of the BCCI constitution that provided for removal of the expelled person from its affiliated unit.

He claimed that the clause, which was amended in September 2000, has not been registered under the Tamil Nadu Societies Act under which the BCCI is registered and as such not legally tenable.

The case will come up for hearing next week.