The Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act – 2005, which in commonly used terminology is referred as Sports Act, is the most talked about law in the RCA elections these days.
The BCCI’s threat to take action against RCA if Lalit Modi is elected is an attempt to undermine the order given by the observers of the Supreme Court on the basis on law of the land.
Lawyers are now working on the various conditions under the Sports Act which may hold ground if the case gets entangled in legal troubles.
Notably, BCCI is a society registered under the Tamil Nadu Societies Registration Act. It’s challenging the law of the state i.e. Sports Act under which the RCA is governed.
So the BCCI’s threat is not going down well with the sports officials.
The Sports Act was formulated in 2005 after studying and taking references from Olympic charter, rules of Indian Olympic Association and features of Cooperatives Act and Societies Act in the state.
“How can it (BCCI) challenge the order of the Supreme Court whose panel has declared Lalit Modi eligible to contest the elections?” said an official of a district cricket association.
While the BCCI has been training guns on Lalit Modi’s candidature and threatening to suspend the RCA if he is elected as president, Modi group has been taking refuge in the provisions of the Sports Act.
Experts having knowledge of the Sports Act point out that though certain sections of the Act favour the conditions for Lalit Modi, the Sports Act has no reach beyond the state and may not hold ground in other parts of the country.
“There is a section 25 in the Sports Act which states that nationally affiliated units will have to accept Rajasthan Sports Act which is a ‘slip lane’,” said a lawyer.
Some lawyers claim that the law remains valid in Rajasthan, but it does not hold much water outside the state.
“They may get some respite from the high court, but in Supreme Court, it will be tough,” said another lawyer.