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'BCCI acted as per rules while suspending RCA'

May 07, 2014 20:12 IST

The Board of Control for Cricket in India on Wednesday said it acted as per its rules and regulations while suspending the Rajasthan Cricket Association just after former Indian Premier League commissioner Lalit Modi was declared elected president of the state cricket body.

Modi, who is living in exile after being slapped with a life ban, was elected RCA president on Tuesday, after the Supreme Court cleared the decks for the announcement of the election results, held four months ago, prompting a livid BCCI to suspend the state cricket body.

"Being aware and mindful that an anomalous situation would arise in the event Mr Modi was elected president of RCA, the BCCI filed an application before the parallel proceedings pending in the Supreme Court bringing the issue to the notice of the Hon'ble Court and seeking reliefs that its position on the said issue be clarified," read a statement from the BCCI.

"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," it said.

"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," BCCI secretary Sanjay Patel said.

Patel added: "Despite having voted in favour of Modi's expulsion, RCA did not take any action against its member unit, the Nagaur District Cricket Association, where Modi held the post of president."

Shashank Manohar and Lalit Modi The BCCI said it wanted to place the "correct facts" on record as there have been "incorrect" statements made in regard to the suspension of RCA as "some erstwhile Office Bearers of the BCCI have been making incorrect statements regarding the issue concerning RCA”.

"Mr Lalit Modi having been charged by the BCCI with acts of grave indiscipline and misconduct was suspended under Regulation 32(vii) of BCCI Memorandum and Rules & 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.

"Mr Lalit Modi availed the legal remedies available to him and filed several proceedings in the Bombay High Court which eventually reached the Hon'ble 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," the statement added.

It said that the Disciplinary Committee, which submitted its report on June 10, 2013 found Modi guilty on various counts after which as per Regulation 32 (iv), a Special General Meeting of the BCCI was called for on September 25, 2013 and the House "unanimously" adopted the report of the Disciplinary Committee.

"Further by a unanimous resolution passed by all 30 member associations of BCCI, including 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.

"Mr 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," the BCCI said.

The BCCI said pursuant to Modi's expulsion, it informed all member associations vide its letter dated October 3, 2013 and brought to their notice Regulation 32(v) to enable member associations to take necessary action to ensure that Modi was not part of any member association.

"At this juncture, Nagaur District Cricket Association, a member of Rajasthan Cricket Association, where Mr Lalit Modi was President, challenged the communication dated 03.10.2013 addressed by BCCI to its member Associations, by way of writ proceedings in the Jaipur High Court.

"In the said proceedings, Rajasthan Cricket Association denied the case of the Nagaur District Cricket Association and in essence upheld the Rules and Regulations of the BCCI. The Rajasthan Cricket Association was in full support of BCCIs contentions as regards the expulsion of Mr. Modi and the interim order granted by the High Court was vacated at the instance of the Rajasthan Cricket Association," said the BCCI.

Image: Shashank Manohar and Lalit Modi