Acted as per rules: BCCI on Lalit Modi
Posted on May 08 2014 | IBNS
Mumbai, May 7 : The Board of Control for Cricket in India (BCCI) on Wednesday said the board had acted as per rules when it expelled Indian Premier League (IPL) former chief Lalit Modi last year.
"It has come to the knowledge of the BCCI that some erstwhile Office Bearers of the BCCI have been making incorrect statements regarding the issue concerning Rajasthan Cricket Association. The BCCI wishes to place the correct facts on record for the benefit of the cricket loving public," BCCI Secretary Sanjay Patel said in a statement on Wednesday.
He said: "Mr. Lalit Modi having been charged by the BCCI with acts of grave indiscipline and misconduct was suspended under Regulation 32(vii) of the BCCI Memorandum and Rules and Regulations ( BCCI MRR) by the then President Mr. Shashank Manohar on 26.04.2010 . Show Cause Notices were issued to him under Regulation 32(iv) of BCCI MRR to show cause why disciplinary action should not be taken against him for such acts of indiscipline and misconduct and Disciplinary Enquiry was initiated against him. The Disciplinary Committee consisted of Mr. Arun Jaitley, Mr. Jyotiraditya Scindia and Mr. Chirayu Amin."
He said Modi availed the legal remedies available to him and filed several proceedings in the Bombay High Court which eventually reached the Supreme Court.
"The Supreme Court vide its order dated 26th September 2011, rejected all three Special Leave Petitions filed by Mr. Modi and in a detailed judgment held that BCCI was entitled to take disciplinary action against Mr. Modi as per its Rules and Regulations and Mr. Modi could challenge any final action taken by the BCCI," read the statement.
Patel said: "The Disciplinary Committee submitted its report on 10th June 2013, finding Mr. Lalit Modi guilty on various counts after which as per Regulation 32 (iv) , a Special General Meeting of the BCCI was called for, on 25th September 2013, and the House unanimously adopted the report of the Disciplinary Committee and further by a unanimous resolution passed by all 30 member associations of BCCI, including the Rajasthan Cricket Association (RCA), Mr. Lalit Modi was expelled from the BCCI. As per Regulation 32(v) of BCCI MRR, any administrator being found guilty and expelled by the Board forfeits all rights as administrator and becomes ineligible to hold any position or office or to be admitted in any committee or any member or associate member of the Board."
He said: "Modi , had in the meanwhile , also filed proceedings in the District Court at Delhi where he has sought reliefs inter alia to stay the report of the Disciplinary Committee and the decision taken at the Special General Meeting. The said proceedings are pending in the said Court."
Speaking further on the issue, he said: "Vide the order dated 30th April 2014, the Hon'ble Supreme Court directed that if it is found by the BCCI that any person has acted against its rules, regulations or law, which is to be enforced by it, it would be open to it to take action against such a person. In pursuance of the order, under authority vested in him as per Regulation 32 (vii) of the Rules and Regulations of BCCI and as per the unanimous resolution passed in the Working Committee of the BCCI on 28th December 2013, the Interim President, Mr. Shivlal Yadav has suspended the Rajasthan Cricket Association from the membership of the BCCI, pending disciplinary proceedings against it on charges of misconduct."
"The BCCI has acted and will act as per its Rules and Regulations and its precedents by which it is bound," Patel said.
Modi returned to the Indian cricket paradigm by becoming the president of the RCA on Tuesday.
With Modi being elected the president of the RCA, the BCCI on Tuesday suspended the cricketing body from its membership.
On Jan 2, in a bid to prevent Modi's return, the BCCI had moved the Supreme Court.
The BCCI filed a petition in the apex court where it said that Modi's association with the RCA will affect the Indian cricket body's image.
The RCA election was held on Dec 19.
Modi had contested the polls.
The BCCI on Dec 28 said it will take strict disciplinary action against any delinquent member sending a warning to the state cricket body.