Lalit Kumar Modi vs Board Of Control For Cricket In ...

2. The first respondent is a society registered under the Tamil Nadu Societies Registration Act, 1975. The petitioner, herein, is a member of the first respondent representing one of its constituent associations. As a part of its activities, the first respondent had organized a cricket competition under the banner `Indian Premier League' shortly known as (IPL), and the petitioner was appointed as the incharge Chairman thereof. Considering the popularity of the 2 game of cricket, these games were to be televised. Telecasting of these games was expected to fetch a good income to BCCI and the firm entrusted with the telecasting of these games, and therefore, the rights for telecasting were auctioned by first respondent through a bidding process for an appropriate price.

3. In April 2010, the first respondent received a complaint from a bidder alleging breach of confidentiality against the petitioner. The petitioner was therefore, suspended from his position on 25.4.2010.

4. The petitioner sent his reply to the first show cause notice on 15.5.2010 denying the allegations therein. Thereafter, he wrote to Shri Shashank Manohar, the Honorary President of the first respondent on 25.5.2010 requesting him that 3 he should recuse himself from the decision making process in the interest of fairness. The petitioner then sent his reply to the second show cause notice on 31.5.2010. The first respondent served him the third show cause notice on the same day i.e. 31.5.2010 wherein they alleged amongst other things that the petitioner had committed irregularities and illegalities in the award of the IPL tenders for the Theatrical Rights. The petitioner replied to this notice on 15.6.2010.

5. Consequent upon the objection raised by the petitioner, Shri Shanshank Manohar recused himself from the Disciplinary Committee, which was to decide upon the show cause notices. The first respondent has a disciplinary committee to deal with the misconducts of its members. It is constituted under rule 1 (q) of the rules governing the first respondent society. This rule reads as follows:-

(ii) The second objection was that the members of the Committee suffered from an institutional bias. The petitioner could not expect fairplay from the members 5 who have already been party to the decision to initiate the disciplinary action against the petitioner.

9. Subsequent to the order passed by the Division Bench, the petitioner applied to the Committee members that they should all recuse themselves from functioning as members of the Disciplinary Committee. The Committee rejected that application. It led to the filing of second Writ Petition by the petitioner in Bombay High Court bearing Petition No. 1909 of 2010. That petition also came to be dismissed by another Division Bench of Bombay High Court by its judgment and order dated 15.9.2010. This order is challenged in the second CC No. 15249/2010.

10. During the course of the calendar year 2010, the first respondent constituted a regular Disciplinary Committee for 2010-2011, and extended the 6 special Committee consisting of Sarvashri Arun Jaitley, Chirayu Amin and Jyotiraditya Scindia for continuing with the enquiry against the petitioner. The extension granted to this Committee was challenged by the petitioner by filing Suit No. 195/2011 on the original side of the Bombay High Court. The notice of motion moved therein for injunction against the Committee came to be rejected first by a Single Judge and then in appeal by a Division Bench of the High Court by its order dated 5.4.2011. This order is challenged in the third CC No. 11545/2011. Since all these petitions are basically arising out of the same controversy, they have been heard and are being decided together.

16. In his Writ Petition No.1370 of 2010, the petitioner joined S/Shri Chirayu Amin and Arun Jaitely and Jyotiraditya Scindia as respondent no.4, 5 and

33. This being the position, we find no error in the judgment and order dated 15.7.2010 passed by the Division Bench of the Bombay High Court in Writ Petition No.1370 of 2010. Similarly, we do not find any error in the order of the Disciplinary Committee declining to recuse, or the decision of the Annual General Meeting of the first respondent to extend the term of this Disciplinary Committee 2 for the inquiry against the petitioner. Consequently, there was no error in the two judgments of the High Court upholding those two decisions as well.

34. For the reasons stated above, all the three petitions are dismissed, though parties can certainly bear their cost of the litigation.