The Supreme Court on Thursday cleared the way for holding the election of Bangladesh Cricket Board (BCB) on the basis of its amended constitution.
The SC however said the legality of the elected BCB committee will depend on the final judgement of the court.
The six-member bench of Appellate Division headed by Chief Justice Md Muzammel Hossain came up with the order allowing a leave to appeal petition.
The BCB and National Sports Council (NSC) recently filed the petition against a High Court verdict that declared the amendment to the BCB constitution illegal on July 28.
The NSC has no authority to amend the constitution of the BCB, the HC said following the appeal filed by Yousuf Jamil Babu, president of the Bangladesh District and Divisional Sports Organisers’ Association, and Mobasher Hossain, a former BCB director, joiontly filed the appeal on December 13.
According to the petitioners’ lawyers, the NSC on November 29, 2012 through a letter sent an amended constitution to the BCB. That letter along with the amendments has been declared null and void.
The petitioners said, as per article 26 of the BCB constitution the NSC has no authority to amend the constitution. And according to article 11.1, they have the authority to approve the proposed amendments sent to them by the BCB.
The petitioners claimed that the NSC illegally brought the amendments that contradicted the BCB constitution, where the article 26 clearly stated that any amendment should be passed in an EGM with a two-third majority.