Calcutta: A division bench of the Calcutta High Court on Monday declined to issue an interim stay on an earlier order from Justice Indira Banerjee that allowed former cricket board president Jagmohan Dalmiya to contest elections on an appeal by BCCI’s present dispensation.

The division bench comprising Chief Justice S.S. Nijjar and Justice P.C. Ghosh, however, admitted BCCI’s appeal against Justice Banerjee’s order for detail hearing and directed Dalmiya to file his affidavit in opposition by three weeks.

“The matter will be heard after Puja vacation,” the division bench said.

Earlier in January, Dalmiya had filed a case before Justice Banerjee against the BCCI challenging their decision to expel him on charges of misappropriating funds from Pilcom accounts during his tenure.

In response to the plea, Justice Banerjee issued an injunction on the BCCI’s expel order on July 20 and held that Rule 38 of BCCI Rules, under which the disciplinary proceedings were initiated, was non-existent in the eye of law. This paved the way for Dalmiya to contest CAB elections which he didn’t contest in the end though.

Appearing for the BCCI, advocate R.L. Kapoor told the division bench on Monday that the injunction order, issued by Justice Banerjee, was bad in law.

The lawyer also demanded that the division bench should stay the operation of that order.