Rajasthan High Court on Thursday stayed the operation of a BCCI communication restraining Lalit Modi from participating in activities of affiliated and constituent units of the board that was sent to RCA on October 3.
Justice RS Rathore stayed BCCI's communication dated October 3 and directed notices to be issued to Srinivasan and BCCI and RCA through their respective secretaries. It also admitted that the writ petition to be heard in due course paving way for Modi to contest the RCA's elections to be held next month.
The order came on a petition filed by Nagaur District Cricket Association (NDCA) seeking a stay on the operation of the BCCI's communication claiming that Modi is office bearer of the Association which is a constituent unit of the RCA and is governed by Rajasthan Sports Act as such RCA and its units are statutory bodies and there is a mechanism for the removal of any office bearer of the Association.
It stated in the petition that the restraint placed by the BCCI in the communication dated October 3 sent to RCA "in violation of the legal provisions contained in local sports Act".
The petition also said that being a member of the NDCA, Modi and other office bearers of the Association are entitled to contest elections of RCA scheduled next month. In case the communication is not stayed it will affect the prospects of its members including Modi, it argued.
The petitioner Association also said that Srinivasan was restrained from acting as president by the Supreme Court when the alleged resolution was passed and the restraint on his acting as president continued even after he was re-elected as President and as such the resolution of putting ban on Modi is bad and malafide, it contended.
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