Bombay HC stays proceedings against Modi
Mumbai: The Bombay High Court today stayed the proceedings of BCCI disciplinary committee probing allegations of financial irregularities against former IPL Commissioner Lalit Modi till January 10 next year.
Modi`s counsel Ram Jethmalani said that after hearing the civil suit filed by Modi, the vacation judge of the High Court Justice S J Kathawala held that a prima facie case has been made out for staying such proceedings.
The next date for Disciplinary Committee meeting was scheduled on December 27 and 28 at New Delhi.
The senior lawyer argued that Modi had filed the suit contending that under Rule 1 (q) of the BCCI Rules and Regulations there can only be one disciplinary committee which has to be appointed by the Board at every Annual General Meeting (AGM). But the Board had not appointed any disciplinary committee in its AGM held September 29, 2010.
He also added that the BCCI was acting contrary to its own constitution and bye-laws.
The constitution of a separate disciplinary committee to hear the charges against Modi was in effect an attempt to amend the constitution and bye-laws of the BCCI without following the procedure for amendment as contemplated under Tamil Nadu Act and Rules, which are applicable to BCCI.
The counsel argued that an application was therefore moved before the disciplinary committee to discontinue further proceedings on behalf of Modi.
He said on December 11, 2010 BCCI held a special general meeting for extension of period of earlier Disciplinary Committee and for constituting another Disciplinary Committee under Rule 1(q).
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