The BCCI had banned Modi for life on charges of financial irregularities and it was livid by his intentions of clawing back through RCA. BCCI had threatened RCA with suspension and losing all benefits if Modi was allowed to contest the RCA polls. Meanwhile, Lalit Modi faction remains confident of a thumping victory in the RCA elections. JPN/Agencies
Officiating secretary of the RCA, K K Sharma, has written a letter to BCCI Secretary Sanjay Patel 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.
"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.
"The decision in respect of eligibility/ineligibility of any candidate including Lalit Modi to contest the forthcoming elections of Rajasthan Cricket Association has been taken by the Observers Hon'ble Justice N M Kasliwal and Hon'ble 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 letter further said, "The Observers have rejected all objections raised against candidature of Lalit Modi and have by a speaking order permitted 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 letter said.
"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.
Modi faction confident of thumping victory in RCA elections
The results are likely to be announced on January 6 when the matter comes up for hearing in the Apex Court. The polling went off peacefully at the RCA academy on Thursday.
There are 33 District Cricket Associations as voters and the result would be based on the 29 votes whereas four districts are amid controversies and their votes would only be counted if the need arises. Both the warring factions of these districts have been allowed to cast votes because the matter is in litigation.
There are nine candidates for six posts of vice-president and seven are in the fray for four joint secretary posts. For the four posts of organizing secretary, there are six candidates. Three executive members were elected unanimously as there were only three nominations.
The BCCI had banned Modi for life on charges of financial irregularities and it was livid by his intentions of clawing back through RCA. BCCI had threatened RCA with suspension and losing all benefits if Modi was allowed to contest the RCA polls.
Meanwhile, Lalit Modi faction remains confident of a thumping victory in the RCA elections.