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Former BCCI chief Muthiah files Supreme Court petition

Former BCCI president AC Muthiah has filed a petition in the Supreme Court challenging the board's rules that permit BCCI and IPL administrators to own league teams

Cricinfo staff
23-Apr-2010
Lalit Modi and AC Muthiah have expressed opposition to N Srinivasan's right to call the governing council meeting  •  AFP

Lalit Modi and AC Muthiah have expressed opposition to N Srinivasan's right to call the governing council meeting  •  AFP

Former BCCI president AC Muthiah has filed a petition in the Supreme Court challenging the board's rules that permit BCCI and IPL administrators to be part of the IPL and own league teams. The petition follows the Madras High Court's decision last month to dismiss a similar plea filed by Muthiah and is significant in light of the fact that the board secretary, N Srinivasan, is also the owner of an IPL franchise, Chennai Super Kings.
Prior to the amendment, clause 6.2.4 of the Regulations for Players, Team officials, Umpires and Administrators, said: "No administrator shall have, directly or indirectly any commercial interest in the matches and events conducted by the Board." After the amendment, though, the clause said "no administrator shall have directly or indirectly any commercial interest in any of the events of the BCCI excluding IPL, Champions League and Twenty20."
Muthiah's petition echoes his recent statements that Srinivasan's convening of Monday's crucial IPL governing council meeting is invalid given the conflict of interest.
The meeting is set to decide Lalit Modi's future with the IPL. Modi, who is under fire over allegations of corruption, has questioned Srinivasan's authority in convening the meeting for the same reason as Muthiah.
"All he [Srinivasan] is actually is an ex-officio member of the council, as an office-bearer of BCCI, and he is a conflicted party who owns an IPL team. He has never and can never call a governing council meeting," Modi wrote in a mail to BCCI president Shashank Manohar.
Last month, however, the Madras High Court dismissed Muthiah's application that sought to remove Srinivasan of his role as a BCCI office-bearer given his involvement in the IPL. Under its original rules, the BCCI prohibited its office-bearers from having commercial interests in the league, but this rule was retrospectively amended in September 2008, eight months after the inaugural round of bidding for IPL franchises.
The Chennai franchise was won by the company India Cements, of which Srinivasan is the managing director, and BCCI's ruling validated his involvement in the IPL.
In December that year, Muthiah filed a civil suit in Madras High Court, questioning the BCCI's amendment that effectively said the IPL was out of the board's purview. Muthiah also filed an application seeking an interim stay on Srinivasan functioning as BCCI secretary, for the period until the suit was heard.
That application was turned down in March this year, while the suit is yet to be heard by the court. The court's stand was that the clause was a code of conduct and not a rule, and as such could not be challenged by an individual from outside the BCCI. The court however ruled that the merits and demerits of various clauses could be examined during the hearing of the civil suit.
The governing council is set to meet on April 26, and at the latest on May 1, if Modi's attempt to defer it is successful. The suit is unlikely to be tried between now and the meeting, which makes Modi's line of defence against Srinivasan untenable.
Meanwhile, Muthiah expressed his support to Modi's claim, reiterating his original argument. "I quite agree with Lalit Modi. Srinivasan is an interested party and I filed a case against him for conflict of interest. He is a secretary and he is a holder of franchise. It is clear he has no right to call for a meeting," Muthiah told PTI.