Rajat Sharma withdraws resignation; rivals invoke Company Law clause

Rajat Sharma,DDCA,DDCA Ombudsman,DDCA Apex Council,Sports Business News India

In a complete ‘U’-turn Rajat Sharma has withdrawn his resignation from office the Delhi and District Cricket Association president and membership.

InsideSport.co has reliably learnt that the Apex Council (the majority nine members who had moved a resolution on Friday last to withdraw powers vested in the president), is bringing a counter resolution to declare the email for withdrawal of the resignation as null and void.

Since the DDCA is registered as a non-profit company with the Registrar of Companies, the rival faction is invoking Clause 168 (1) of the Companies Act and citing several court rulings to assert that a “director’s resignation becomes effective upon submission in writing” and there is no provision to withdraw it.

The rivals, it is learnt, in their response will “quash” the mail for withdrawal of the resignation as “arbitrary”.

Read: Rajat Sharma quits as DDCA president and member

Sharma, earlier today, in the email had stated that in “deference of the orders of the Hon’ble Ombudsman, I have assumed the charge of the office of President, DDCA with immediate effect. I would request you all to cooperate with me in running the affairs of the DDCA in an efficient, honest and transparent manner”.

The DDCA Ombudsman Justice (Retd) Badar Durrez Ahmed on Sunday had put Sharma’s resignation on hold a fixed November 27 to formally hear the matter.

Sharma in his email had also advised the Apex Council that in wake of the Ombudsman’s orders, “no meeting of the Apex Council can be convened without my concurrence. I would, therefore, urge all of you to neither convene nor hold or attend any meeting of the Apex Council which has not been convened by me or has been convened without my concurrence”.

“I have also learnt that notice for a meeting of the Apex Council has been sent to few select members for a meeting to be held at 7.30 pm on 19.11.2019 to discuss certain agenda items which have been rendered infructuous on account of the aforesaid order passed by Hon’ble Ombudsman. There is, therefore, no point in holding the said Apex Council meeting tomorrow. I accordingly direct that the said Apex Council meeting or any such scheduled meeting stands canceled,” the mail stated further.

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