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BCCI explains RCA's suspension
Decision taken by interim President, Shivlal Yadav as per authority vested in him
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.
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 & 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 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.
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.
Pursuant to Mr. Modi’s unanimous expulsion, BCCI vide its letter dated 3rd October 2013, informed all member associations of the same and brought to their notice Regulation 32(v) to enable member associations to take necessary action to ensure that Mr. Modi is not part of any member association. At this juncture, Nagaur District Cricket Association, a member of Rajasthan Cricket Association, where Mr. Lalit Modi was the 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 BCCI’s 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.
Despite having voted in favour of Mr. Modi’s expulsion, RCA did not take any action against its member unit, the Nagaur District Cricket Association, where Mr. Modi held the post of President.
Rajasthan Cricket Association Elections being due, Mr. Modi, under the ambit of the Rajasthan Sports Act filed his nomination for post of President and the elections were conducted by Observers appointed by the Hon’ble Supreme Court. 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.
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.