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2010 Supreme(Bom) 1307

MOHIT S.SHAH, D.Y.CHANDRACHUD
Lalit Kumar Modi – Appellant
Versus
Board of Control for Cricket in India – Respondent


Advocates appeared:
For the Petitioner:Ram Jethmalani, Mahesh Jethmalani, Aspi Chinoy, Virag Tulzapurkar, Praveen Samdani, Senior Advocates, Venkatesh Dhond, Ankur Chawla, Dhawal Mehta and Gaurav Gopal i/by M/s. Wadia Ghandy & Co., Advocates. For the Respondents:R1, C.A. Sundaram, Senior Advocate, Raman and Akhila Kaushik i/by Thakore Jariwala & Associates, R2 & R3, I.M. Chagla, Senior Advocate, H.N. Thakore and Jyoti Ghag i/by M/s. Thakore Jariwala & Associates, R4,
T.N. Subhramanium, Senior Advocate, Vikram Sathye and Yahya Ghogari & Associates, Advocates.

JUDGMENT:

(Mohit S. Shah, C.J.)

By this petition under Article 226 of the Constitution of India, the petitioner challenges the order dated 11th August, 2010 of the Disciplinary Committee of the Board of Control for Cricket in India (for short, 'BCCI'), rejecting the petitioner's request for recusal of certain members of the Disciplinary Committee.

2. Initially, the Disciplinary Committee constituted under Article 32(iv) of the Memorandum, Rules and Regulations of BCCI comprised the following honorary members:-

(1) President of BCCI, Mr. Shashank Manohar,

(2) Vice President of BCCI, Mr. Chirayu Amin (respondent No.2), and

(3) Mr. Arun Jaitley (respondent No.3), a member of Governing Council of BCCI.,

3. The Honorary Secretary of BCCI issued notices dated 26th April, 6th May and 31st May, 2010 to the petitioner in respect of the petitioner's conduct as the Commissioner of the Indian Premier League (IPL). The petitioner replied to the said show-cause notices. The petitioner, by his letter dated 26th May, 2010 to the President, BCCI, Mr. Shashank Manohar, made the following requests:-

"(a) The Hon'ble President of BCCI may consider excluding / recusing himself from the decision mak




























































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