The BCCI on Monday moved the Delhi High Court challenging the trial court’s order restraining it from holding 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 decided to hear on Tuesday the plea of Board of Control for Cricket in India (BCCI) which contended that the trial court has no jurisdiction to pass such an order as the SGM is scheduled to be held at the cricket body’s headquarters in Chennai.
The High Court will also hear 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 to BCCI by N. Srinivasan.
Mr. Patel was appointed as secretary while Dalmiya was made the interim chief of the cricket board in Mr. Srinivasan’s place.
On September 21, a trial court had in an ex-parte order restrained BCCI from holding the SGM on Mr. Modi’s plea challenging Sanjay Patel’s authority as BCCI Secretary in issuing the September two notices to him for considering the report of the 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, Mr. Patel and Mr. Dalmiya to file their responses on Mr. Modi’s plea and posted the matter for September 30.
Appearing for BCCI before Justice Shali, senior advocate C.A. Sundaram said “the Delhi court has no jurisdiction to pass such an order as the BCCI headquarters is in Mumbai and SGM was to be held in Chennai where Srinivansan resides. Just because the Working Committee meeting was held in Delhi, Modi has approached the city court,” the senior lawyer argued adding “in the SGM, the report of the disciplinary committee will be considered and if the report will be accepted, then a showcause notice will be issued to Modi to make his defence.”
The counsel also contended that “Modi does not want to come to India as several inquiries are going on against him. He can very well come here and explain on the report.”
After hearing the arguments in part, Justice Shali posted the matter for Tuesday's for further hearing.
The court will also hear tomorrow Modi’s cross-appeal in which he contended that the September two notice issued to him was without authority as Mr. Patel was not authorised and it was issued on the instructions of Mr. Srinivasan, who in the wake of IPL spot-fixing scam in which his son-in-law was an accused, has chosen not to perform the function of BCCI president.
“The said notice is thus stated to be illegal and contrary to the rules and regulations of BCCI,” Mr. Modi said in his application before the lower court.
While allowing only the plea for staying the SGM, the court did not go into the other issues raised by Mr. Modi. He has also sought to declare as illegal and contrary to BCCI rules and regulations the June 2 and 10 decisions of the Board appointing and ratifying the appointment of Jagmohan Dalmiya to look after the day-to-day affairs of the Board and Patel to work as Secretary.
