The Delhi High Court on Tuesday allowed the BCCI to hold its Special
General Meeting (SGM) to consider the disciplinary committee’s report on
former IPL Commissioner Lalit Modi for alleged financial irregularities
in the cricket league.
Justice V.K. Shali set aside the trial court’s September 21 order
restraining Board of Control for Cricket in India (BCCI) from holding
its SGM scheduled for Wednesday.
“So far as appeal of the BCCI is concerned, it is allowed,” the court said.
The High Court also dismissed Modi’s cross-appeal against the decision
of the lower court which had declined to pass an interim order on his
petition challenging the appointment of Sanjay Patel and Jagmohan
Dalmiya in the BCCI by N. Srinivasan.
“Appeal of Lalit Modi is dismissed for the reasons that the relief
claimed by him is the same relief which he had already claimed in the
main suit before the trial court....it will tantamount to a decree
passed by the High Court,” it said.
Modi’s lawyers sought copy of the order on urgent basis saying they will file an appeal in the Supreme Court on Wednesday.
While rejecting Modi’s arguments questioning the appointment of Dalmiya
and Patel, the court said Srinivasan continues to be the president of
BCCI and he is also vested with some power to appoint them as
functionaries of the Board.
The BCCI had moved the High Court challenging the trial court’s order
restraining it from holding its SGM contending the lower court had no
jurisdiction to pass such an order as the SGM is scheduled to be held in
Chennai.
Modi, in his cross-appeal, had challenged the appointments of Patel as
Secretary and Dalmiya as the interim chief of the cricket board in
Srinivasan’s place.
On September 21, the trial court had in an ex-parte order restrained
BCCI from holding its SGM on Modi’s plea challenging Patel’s authority
as BCCI Secretary in issuing the September two notices to him for
considering the report of a three-member disciplinary committee
comprising Arun Jaitley, Chirayu Amin and Jyotiraditya Scindia on
September 25.
The trial court had also granted four days to BCCI, Patel and Dalmiya to
file their responses on Modi’s plea and posted the matter for September
30.
In his cross-appeal, Modi had contended the September 2 notice issued to
him was without authority as Patel was not authorised and it was issued
on the instructions of Srinivasan who, in the wake of IPL spot—fixing
scam in which his son-in-law as an accused, has chosen not to perform
the functions of BCCI President.
Modi was the IPL Chairman-cum-Commissioner during the first three
editions of the tournament but was suspended immediately after the
closing ceremony in 2010 on charges of financial irregularities in
running the league as well as improper practices during the auction of
two new teams before the third edition.
During the suspension, a three-member disciplinary committee, comprising
Scindia and Jaitley along with president Srinivasan, was formed. But
Srinivasan recused himself and the erstwhile IPL chairman Chirayu Amin
was made a member.
Subsequently, Amin also recused himself and it became a two-member committee.
However by the time, Jaitley, who looked after the legal part, and
Scindia, who looked into the charges of impropriety, submitted an
exhaustive 400-page report, Srinivasan had stepped aside from
discharging his functions as BCCI chief.
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