A Delhi court has stayed the suspension of the Delhi and District Cricket Association secretary Vinod Tihara. The secretary was suspended by the DDCA president-led Executive Committee on Tuesday last for leading a revolt against the decision to appointments chief executive officer, chief financial officer, chief operating officer and general manager and called for scrapping the appointments.
In a big setback for Rajat Sharma, the India TV Chairman and DDCA President, the Delhi court had stayed the decision of the DDCA Board of Directors to suspend the association secretary Tihara.
Additional District Judge Vishal Singh observed that DDCA has misused its powers and granted an interim ex-parte injunction in favour of Tihara.
“I find the Court must intervene and protect the interest of the plaintiff as defendant No. 1 (the DDCA) has acted in ‘de hors’ the Articles of Association of the DDCA, in violation of principles of natural justice and ultra vires the prowess conferred by the Articles of Association,” the Court has observed while quashing the suspension.
“The court in the Ex-Parte order concluded that prima facie the DDCA Board of Directors had no statutory powers under its Articles of Association or any statute to suspend its elected member of the governing body “without any show cause or giving any opportunity to contest” the allegations and being duly elected by its General Body consisting of 4,300 odd members,” states a Press release issued by the Tihara group.
The order further stated that the DDCA deliberately misinterpreted the Ombudsman’s powers under the Articles to suspend the Secretary who it said was trying to abide by the orders of the Hon’ble Supreme Court.
“The whimsical and arbitrary act of suspension of the plaintiff in misuse of powers merits grant of an ad interim ex-parte injunction in favour of the plaintiff,” the court has observed in the strongly-worded order.
The court had stayed the operation of the suspension order and directed DDCA to not to obstruct its Secretary from discharging his official duties and functions.
This order in a paves the way for holding elections for the post of Treasurer and women cricketer. The incumbent Treasurer, a sitting MLA, has been declared disqualified by the Supreme Court for holding public office. Whereas, the incumbent women Director being not a cricketer is also disqualified by virtue of the SC Order dt.09.98.2018. The DDCA Secretary has to convene an SGM to incorporate the amendments directed by the Hon’ble SC.
The court has also issued a notice to the DDCA and its office bearers and asked for their response by September 6.
DDCA President Rajat Sharma on August 14 had called an emergency meeting of the Executive Council after Tihara had attempted to stall the appointments and decisions, which he had claimed that the President had taken in violation of norms and the Supreme Court guidelines.
In the meeting, also attended by Tihara, 12 of the 15 members had resolved to suspend the Tihara for his attempt to challenge the “functional powers of the (DDCA) president”.
Tihara had claimed that he was appointed by the 4,300-strong General Body of the DDCA and the Executive Council was not empowered to suspend him. The secretary had also asked the DDCA to call an SGM.
The DDCA president, according to national daily Hindustan Times, had said that resolutions of August 14 meeting of the board to suspend Tihara had been handed over to the DDCA ombudsman and as per rules he could take up to six months to give his decision.