Under fire Lalit Modi forms arbitration tribunal

Jaipur, January 30: In order to resolve certain issues raised by some district associations of Rajasthan, Lalit Kumar Modi, president of the Rajasthan Cricket Association (RCA) has appointed a three-member arbitration tribunal with immediate effect. The bench of arbitrators comprises Justice R.C. Lahoti, retired Chief Justice of the Supreme Court of India (SCI), Justice Kuldeep Singh, retired Justice of the SCI and Justice A.R. Lakshmanan, retired Justice of the SCI.

Modi’s action is as per Article 43 of the RCA by-laws that makes it a duty of the president to refer any dispute relating to constitution, management and election of the Association to Arbitration. In order to put an end to all controversies and any doubt with regard to the impartiality/integrity of the arbitrators, Modi appointed the eminent judges to arbitrate on the following terms of reference:

A. Whether the Resolution dated 28.1.2009 passed by the RCA is a valid resolution and should be acted upon;

B. Whether the election of the RCA should be held immediately or should it be held subject to the outcome of the interim application filed before the Supreme Court;

C. Whether the resolutions of the RCA have been validly passed;

D. Whether there have been any financial irregularities on part of any member of the executive committee of any office bearers of the RCA;

E. Whether the office bearers of the RCA, including myself, are entitled and fit to continue in our respective posts;

F. Any other matter that may be raised by any other member

In the resolution adopted by the Rajasthan Cricket Association on January 28 it was decided to move the Apex Court to seek appropriate directions with regard to holding of election for the Rajasthan Cricket Association immediately.

The election was last held on Feb 21, 2005, under the supervision and chairmanship of Justice Anil Dev Singh, the retired chief justice of the Rajasthan High Court. Since the term of the elected body is four years as per the constitution of RCA such a resolution became imperative.

Accordingly, the RCA secretary Subhash Joshi approached lawyers to move the Apex Court. In a curious turn of events Joshi retracted the steps initiated, which led to RCA president Modi to move the court as per the resolution and curtail the power and authority of Joshi as secretary of RCA.

The application was moved by Abhishek Manu Singhvi before the Chief Justice wherein he strenuously argued that the elections are due on February 21, 2009, as the four-year term of the existing committee was coming to an end. However, the Court listed the matter for February 23 keeping the urgency in view.

The said action has been taken to ensure proper management of the affairs of the association and due to certain action taken by Subhash Joshi that were prejudicial to the interest of Rajasthan Cricket Association.

The President was constrained to invoke his emergency powers provided under Article XI(1)(IX) of the Memorandum and Rules and Regulations of the Association to divest Joshi of all his rights, powers and duties as the honorary secretary of the association.

The public is advised that Rajasthan Cricket Association shall not be responsible or bound by any action taken by Joshi claiming to be taken on behalf of Rajasthan Cricket Association.