Supreme Court Wednesday dismissed a petition by former IPL commissioner Lalit Modi seeking to put on hold special general body meeting of the BCCI which is expected to take disciplinary action against him.
The meeting is scheduled for Wednesday and it will consider the disciplinary committees report that probed into the allegations of financial irregularities between 2008 and 2010 in the conduct of IPL and the action against him.
Lalit Modi was the Indian Premier League (IPL) commissioner between 2008 and 2010 and there were allegations of financial irregularities in the operation of IPL during his stewardship.
The Disciplinary Committee submitted its report to the BCCI June 10, 2013.
Dismissing Modi's plea, the apex court benched Justice H.L.Gokhale and Justice J. Chelameswar said the only big thing about you is that "you are a big shot and big money is involved" and court need not interfere in each and every matter of a society.
The court said it could not be expected to interfere into the internal functioning of the society, which BCCI is.
Appearing for the Modi, senior counsel Abhishek Manu Singhvi told the court that special general meeting could only be called on the directions of the president and the apex cricketing body has no elected functional president at present.
The court was told that after BCCI president stepped aside to let Jagmohan Dalmiya to look after day to day functioning of the cricketing body that there was no functional elected president of the BCCI. Hev told the court thast while stepping aside for Dalmiya, Srinivasan had said that he would not discharge any function of the cricketing body.
In the wake of Singhvi's objection, the court asked him if other members of the BCCI would be present in the SGM.
"Suppose an employee is issued a notice and called to offer exoplaination. It may mean dismissal from service. Can it be stayed", Justice Gokhale asked in poser as Singhvi sought the stay of the meeting which could impose life ban on Modi.
"We can't interfere in the matter of a society", Justice Gokhale told Singhvi as later sought the stay of the meeting which could impose a "draconian punishment" on his client.
The court asked had it interfered in the functioning of a society if it was an ordinary society as Singhvi said that life ban was hanging on Modi.
"Thereafter you challenge the decision (punishing Modi)" , Justice Gokhale said dismissing Modi's plea.
Modi moved the apex court after Delhi High court Tuesdays (September 24, 2013) allowed the cricketing body to hold its SGM which was earlier restrained by the trial court.
