Ahmedabad: The Gujarat high court on Monday disqualified former India cricketer Kiran More and three others from contesting the Baroda Cricket Association (BCA) elections, and quashed the election officer’s decision to accept their nomination papers for the posts of office-bearers.Allowing a petition filed by two BCA members objecting to the candidature of More, Amul Jikar, Anant Indulkar and Amar Petiwale, Justice Niral Mehta cited a Supreme Court judgment which laid down guidelines that disqualify individuals who completed a cumulative nine-year tenure as office-bearer and/or councillor in a state association, and mandate a three-year cooling-off period after two consecutive terms. The petitioners demanded implementation of these guidelines and sought disqualification of the four candidates.Allowing the petition, the HC said, “This court is of the considered opinion that Respondent Nos. 4 to 7 (More, Jikar, Indulkar and Petiwali) have incurred disqualification from contesting the election for the post of ‘office-bearer’. The electoral officer ought to have rejected the nomination forms submitted by Respondent Nos. 4 to 7 and should have proceeded to declare them disqualified in accordance with law.“The HC held that the electoral officer “failed to discharge the statutory duty cast upon him under Rule 33 by not adjudicating upon the objections raised against the nomination and/or candidature of Respondent Nos. 4 to 7, and by not communicating any decision thereon. Even on merits, the action of the electoral officer in accepting the nomination and candidature of Respondent Nos. 4 to 7 and including their names in the final list of candidates is arbitrary, illegal and unsustainable in law”.Earlier, on Feb 13, as a measure of interim relief for More and others, the HC allowed the polls to take place, but ordered the BCA to withhold the results until the outcome of this petition.As the tenure of the last elected body lapsed, the HC allowed it to continue to function, but restrained it from taking any policy decision. The HC extended this arrangement for two more weeks, so that the disqualified candidates can challenge the order before a higher forum.
