The BCCI on Monday approached the Delhi High court against the district court order issued on Saturday restraining it from holding its Special General Meeting (SGM) to consider the report by a three member disciplinary committee on alleged financial irregularities by former IPL Commissioner Lalit Modi in the cricket league.
The High Court bench of Justice VK Shali adjourned the hearing for Tuesday after hearing the preliminary submissions by the BCCI against the order issued by Additional District Judge Ruby Alka Gupta on September 21.
The BCCI has challenged the jurisdiction of the District court, arguing that the Delhi court could not issue any orders in the case since the BCCI is a society registered in Tamil Nadu, and the proposed SGM was also scheduled to be heard in Chennai.
The BCCI acting Secretary Sanjay Patel had issued a notice on September 2 that an SGM would be held on September 25 to consider the report of the disciplinary committee.
The High Court will also hear a cross-appeal filed by Modi 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.
In the plea filed before the District court, Modi had alleged that as Srinivasan had announced his decision to not discharge his functions as the President of BCCI, the appointment of the secretary and treasurer of the BCCI could not have been done.
Modi in his plea has alleged that since the appointment of Patel was itself illegal, he did not have the authority to call any SGM or issue notice. The District court had, however, declined to issue any orders on the plea against their appointment, and had issued notice to the BCCI, Jagmohan Dalmiya, Patel and others to respond to Modiís plea by September 30.
Bihar body against Srini
The Cricket Association of Bihar (CAB) approached the Supreme Court seeking to restrain N Srinivasan from contesting for the post of BCCI President at the Annual General Meeting of the Board on September 29. CAB, in its interim application, also sought interim injunction against the BCCI from inducting Srinivasan in any of its committees till the matter pending in the apex court is decided. CAB is likely to plead before the apex court Tuesday for early hearing of its application.