The RCA was suspended hours after Modi, also a former vice-president of the Board of Control for Cricket in India (BCCI), was declared elected its president by Supreme Court appointed observers in Jaipur. The elections were held Dec 19 and last week the Supreme Court gave the green signal to declare the results.
BCCI secretary Sanjay Patel said the Board has taken note of comments made by former office bearers, who criticised the Board for suspending the RCA following Modi's landslide win. Former BCCI president Sharad Pawar slammed the BCCI for taking a "harsh" decision against the RCA.
"It has come to the knowledge of the BCCI that some erstwhile office bearers of the BCCI have been making incorrect statements regarding the issue concerning RCA," said Patel in a statement.
Patel said that Modi was charged by the BCCI with acts of grave indiscipline and misconduct and was suspended under Regulation 32(vii) of the BCCI Memorandum and Rules & Regulations (BCCI MRR) by the then president Shashank Manohar in 2010.
"Lalit Modi availed the legal remedies available to him and filed several proceedings in the Bombay High Court which eventually reached the Hon'ble Supreme Court. The Supreme Court vide its order dated 26th September 2011, rejected all three Special Leave Petitions filed by Mr. Modi and in a detailed judgment held that BCCI was entitled to take disciplinary action against Mr. Modi as per its Rules and Regulations and Mr. Modi could challenge any final action taken by the BCCI," Patel said.
The Disciplinary Committee submitted its report June 10 last year finding Modi guilty on various counts after which as per Regulation 32 (iv), a Special General Meeting of the BCCI was called for and Sep 25 the house unanimously adopted the report and by a unanimous resolution passed by all 30 member associations of BCCI, including the RCA, Modi was expelled from the BCCI.
As per BCCI rules, any administrator being found guilty and expelled by the Board forfeits all rights as administrator and becomes ineligible to hold any position or office or to be admitted in any committee or as any member or associate member of the Board.
Patel said despite having voted in favour of Modi's expulsion, RCA did not take any action against its member unit, the Nagpur District Cricket Association, where Modi held the post of president.
Modi, under the ambit of the Rajasthan Sports Act, filed his nomination for post of president and the RCA elections were conducted by Supreme Court appointed observers.
"Vide the order dated 30th April 2014, the Hon'ble Supreme Court directed that if it is found by the BCCI that any person has acted against its rules, regulations or law, which is to be enforced by it, it would be open to it to take action against such a person. In pursuance of the order, under authority vested in him as interim president, Shivlal Yadav has suspended the RCA from the membership of the BCCI, pending disciplinary proceedings against it on charges of misconduct," he said.