Modi's counsel Mehmood Abdi had pointed out last month that the three-member disciplinary panel did not have the BCCI general body's mandate.
Faced with opposition from Lalit Modi on the legality of the disciplinary committee probing alleged irregularities committed by him, the Indian cricket board (BCCI) has convened a special general meeting here on Saturday to discuss the matter.
"The SGM will be held in Mumbai on December 11. It's with regard to the technical point raised by Lalit Modi's (former IPL chief) counsel. It's a minor thing," BCCI secretary N Srinivasan said today.
Modi's counsel Mehmood Abdi had pointed out last month that the three-member disciplinary panel did not have the BCCI general body's mandate.
Abdi had said on November 22 that BCCI has forgotten to re-constitute the Committee for the year 2010-2011 at its annual general body meeting held in September.
"We are in a peculiar situation as of today. As per 1(Q) of BCCI by-laws various committees have to be freshly constituted. In its AGM, they did not form a fresh disciplinary committee," Abdi had said.
"As for us, therefore, there is no disciplinary committee in existence as this panel does not enjoy the mandate of the GBM as required by BCCI constitution. There was no reconstitution, re-nomination or formation of the disciplinary body," he said.
According to Abdi, the three-member panel constituted to investigate the IPL saga, refused to go ahead with the hearing and deferred all further hearing and cross examination of all witnesses of BCCI till the time "the serious questions on the jurisdiction of the committee were resolved."
He pointed out that the term of the earlier Committee expired on September 29 and BCCI ought to have appointed a new Disciplinary Committee.
"However as no disciplinary committee was appointed in the AGM dated 29.09.2010, therefore as of today there is no Disciplinary Committee of BCCI in existence."
"In view of the seriousness of the situation, the disciplinary committee has adjourned the matter for 13.12.2010 and 14.12.2010 to decide on it's own jurisdiction and then will only decide the further course of action."
Abdi also said the members of the Committee were aware of this factual position since September29, 2010 as they were all present in the Annual General Body Meeting held on that date.
"Members of the committee should not have proceeded in the matter and should have disclosed this fact to us earlier," Abdi said, adding that the conduct of the BCCI was unfair and has caused serious prejudice to Modi.
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