The Bombay High Court on Thursday extended till January 24, the ad interim stay granted by it on the proceedings against former Indian Premier League commissioner Lalit Modi by BCCI's Disciplinary Committee (DC), after both the parties sought time to file additional affidavits.
Justice S J Kathawala had, in an interim order on December 25, stayed the proceedings initiated against Modi by the Board of Control for Cricket in India's disciplinary committee probing allegations of financial irregularities.
The matter came up for confirmation before the same bench, which extended the interim stay granted earlier.
The BCCI had also appealed against the December 25 order of the High Court granting ad interim stay on the disciplinary committee's proceedings against Modi. However, a division bench of the High Court
refused to give relief to the cricket Board.
The BCCI once again moved a division bench after the Christmas vacation and this time one of the judges sought to recuse himself from hearing the case. The BCCI's appeal is yet to come up before another bench.
Modi had contended that under Rule 1(q) of BCCI Rules 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 at its AGM held on September 29, 2010.
He also argued 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 an attempt to amend the constitution and
bye-laws of BCCI without following the procedure for amendment as contemplated under Tamil Nadu Act and Rules, which are applicable to BCCI, Modi contended.
