Partick Thistle have claimed that Dundee’s vote should be counted as a no and thus the SPFL resolution should fail.
The Jags, who would be relegated from the Championship under the league’s proposal to end the season below the Premiership, rejected the plan on Friday and thought the Dark Blues had as well.
However, it later emerged that the Dens club’s vote, by then the crucial one, had been withheld.
Thistle have taken legal advice and insist it should be included in the count, as well as claiming that clubs did not receive sufficient information on which to base their ballot.
Their club statement said: “At a time when football is not a priority and when people are suffering across the country, Partick Thistle is dismayed that Scottish football remains in limbo as a result of Friday’s vote.
“The basis of our approach throughout this situation is that no club should be worse off, either financially or in a sporting sense, as a result of any resolution.
“We have obtained a joint opinion from senior and junior counsel to identify what can be done to remedy this situation. The QC’s legal opinion concludes:
“1 – The information dispensed to clubs and the process utilised in putting forward the resolution, could potentially be held to be a breach of the duty by the SPFL to provide sufficient information to member clubs to allow them to make a properly informed decision in relation to the SPFL’s resolution. In particular, the opinion highlights the fact that the SPFL did not explain to member clubs alternative means by which payments could be made other than by requiring the immediate termination of the current league season. On that basis, clubs may have lacked sufficient information – by omission – to make an informed decision based on the SPFL’s briefing document.
“2 – The original vote by Dundee FC was cast in line with the SPFL’s own rules and must stand, meaning that the resolution falls.
“3 – There is the potential for the SPFL Articles to be altered, as would be required to bring a season to end early, in order to, for example, facilitate the payment of fees to member clubs.
“To secure a vote to end the season, the SPFL linked it to releasing funds to hard-pressed clubs, making it clear there was no alternative.
“However, as it now transpires, there was a vehicle to release monies in the shape of loans, quite apart from the possibility of changes being made to the SPFL articles to allow the payments normally made at the end of the season to be made now. We would urge the SPFL to move immediately to approve loans to clubs against the monies owed to them at the season end, based on their current position in the league.
“With that urgent situation dealt with, there can then be considered discussion involving all clubs to address the way forward for Scottish football in this unprecedented season. The SPFL presented to clubs (in 25 pages of briefing note and resolution and with 48 hours to consider it) that there was no alternative. It is now apparent that that is not the case.
“Again, we restate that we are uncomfortable with the position Scottish football finds itself in at a time of national emergency and have been reticent to get involved publicly. However, as a board, we would be wrong not to share the opinion with our fellow clubs across the leagues, as well as with our staff, management, players and fans.”