The Rajasthan Cricket Association (RCA) has sent a letter to BCCI clarifying its stand regarding the contentious issue of former IPL chairman Lalit Modi who was allowed to continue as president of Nagaur Cricket Association and subsequently contest the RCA polls here on Thursday.
The BCCI had banned Modi for life on charges of financial irregularities and it was livid by his intentions of clawing back through RCA. (Modi banned for life by the BCCI)
BCCI had threatened RCA with suspension and losing all benefits if Modi was allowed to contest the RCA polls.
Officiating secretary of the RCA, K K Sharma, has written a letter to Sanjay Patel, Secretary of BCCI, clarifying that RCA is governed by the provisions of Rajasthan Sports Act, 2005, which is a legislative mandate holding the field in respect of Regulation of Sports in Rajasthan. (Lalit Modi faction claims victory, Supreme Court to declare results on January 6)
"The elections to RCA are taking place in terms of orders passed by the Hon'ble Supreme Court in SLP (C) No. 36140/2010," the letter said. (BCCI threatens to suspend RCA)
"The decision in respect of eligibility/dis-eligibility of any candidate including Lalit Modi to contest the forthcoming elections of Rajasthan Cricket Association has been taken by the Observers Hon'ble Mr. Justice N M Kasliwal and Hon'ble Mr. Justice S P Pathak, who were only entitled to take such a decision as per the orders of the Hon'ble Apex Court."
The letter said: "The Observers have rejected all objections raised against candidature of Lalit Modi and have by a speaking order permitted Mr. Lalit Modi to contest the elections. The RCA cannot flout the orders of the Hon'ble Supreme Court and interfere in the conduct of elections by Supreme Court appointed Observers.
"We also assume that BCCI is not asking RCA to act contrary to the orders of Hon'ble Supreme Court or asking it to interfere in the conduct of elections being held under the order of Hon'ble Supreme Court", the letter said.
"We have already told you that there is a provision providing a procedure for disaffiliation under the Rajasthan Sports Act, 2005 as well as RCA Constitution.
"The BCCI advisory dated 4.10.2013 is subject matter of litigation pending in Rajasthan High Court In S.B.C.W.P. No. 18741/2013 where BCCI is a party where interim order was operating against the said advisory till 5.12.2013.
"The copy of the order was handed out on 17.12.2013 and was taken into consideration by the observers while permitting Modi to contest the elections. Like BCCI to implement any decision, faction needs to follow the procedure in its Constitution so also RCA is required to follow the provisions in its Constitution," the letter said.
On the other hand, RCA counsel Abhinav Sharma said that BCCI can't disaffiliate RCA because it would be contempt of court.
"The BCCI was a party in the SLP filed by Kishore Rungta and it was well aware of the happenings and also did not act in time. There is a process laid down and BCCI has to follow it for taking any action against RCA. If it decides to act otherwise, in haste, the options of moving court is always open," said Abhinav Sharma.