A day after Delhi and District Association president Rajat Sharma has got “unequivocal support” from the “Apex Council” to reconfirm his nomination for the Board of Control for Cricket in India (BCCI) AGM, the rival Vinod Tihara faction has retaliated with a strongly-worded letter to the BCCI Electoral Officer.
The mail addressed to the BCCI Electoral Officer, citing gross violation in the process of Sharma’s nomination to represent the DDCA at the BCCI AGM, has among others been sent to Prime Minister Narendra Modi, home minister Amit Shah, sports minister Kiren Rijiju, and all the three members of the Committee of Administrators – Vinod Rai, Diana Edulji and Ravi Thodge.
A vast majority of the DDCA Apex Council on Thursday had “met informally and reiterated its unequivocal support to the nomination of Sharma as its sole representative in the BCCI, effectively putting to rest all rumours regarding Sharma’s ‘eligibility to represent DDCA”, a Press release had claimed.
Copies of the resolution, signed by 11 of the 15 members in the council, were also circulated with the Press release.
This was a Master Stroke by the DDCA president and his supporters among the board of directors, as the rivals who have been lobbying hard to keep Sharma away from the BCCI electoral process were left with few options to make a counter move.
An application filed with the National Company Law Tribunal by DDCA Director Bhardwaj against the president’s nomination and amendments in the Articles of Association of the State cricket governing body has still not been listed for hearing. The courts in the Capital are on vacation till Dussehra (October 8). Thus, the perfect timing of Sharma and his supporters’ strong move had left the rivals with little legal options.
The resolution that approved Sharma’s nomination for the board AGM had also strongly opposed DDCA secretary Vinod Tihara’s “self-nomination” as the DDCA representative. “We, the undersigned, wish to assert that this action of Mr. Vinod Tihara is in utter defiance of the decision of the Apex Council of which he had full knowledge, and is in breach of the Articles of Association of the DDCA, both amounting to serious misconduct,” read the resolution, while further stating that Tihara is “not a person fit or appropriate for such a responsible role as DDCA Representative…”
A day later, Tihara has retaliated with the same vigour. He has cited that Sharma’s nomination is cleared in gross violations of courts’ directives.
Tihara, in the letter to the BCCI Electoral officer, has accused that the “DDCA president is guilty of misleading the BCCI, its (DDCA’s) own apex council and the Registrar of Companies (Delhi) apart from committing wilful defiance and contempt of the Supreme Court and the Delhi High Court judgements”.
He has also accused the DDCA president of “surreptitiously” amending the “Articles of Association by deleting many articles approved by the Hon’ble Delhi High Court Special Bench (via) judgement dt.23.03.2018”. The letter further alleges that “the President refused all requests by the Secretary to convene an SGM/EGM of the DDCA‘s 4350-odd Members.
According to DDCA director Sanjay Bhardwaj, the amendment to authorise the Apex Council to nominate the DDCA representative for the BCCI AGM itself is void and illegal as it had not been approved by the DDCA general body.
The DDCA, states the letter, has not convened its AGM within the mandatory timeline till September 2019 as mandated by the Supreme Court of India. The letter also accuses the DDCA of not getting its financial statements for the FY 2012-13, FY 13-14 & FY 14-15 approved from the members in an AGM.
The letter further accuses that the DDCA treasurer, being a sitting MLA in the Delhi Assembly, “defy the qualification norms laid down by the Hon’ble Supreme Court and attends Apex Council meetings and is party to ‘illegal Resolutions’.”
Presenting copies of the earlier and amended Articles of Association with his email, Tihara has alleged: “that the two Documents (AOA) are different”. He further alleges that “in an attempt to perpetrate the fraud, the DDCA office has been ‘blocking all emails from BCCI’ and has not allowed it to reach the Secretary with illegal intent. The Secretary has not been allowed to exercise his powers as mandated under the Hon’ble Supreme Court Judgement dt.09.08.2018 and the Hon’ble Delhi High Court approved Constitution.”