Three days after Delhi and District Cricket Association president Rajat Sharma’s nomination as the State cricket body’s representative for Board of Control for Cricket in India was formally accepted and added to the draft electoral roll on Saturday, the DDCA secretary and director Vinod Tihara has filed a formal objection with the BCCI Electoral Officer N Gopalaswami
Tihara in his letter has alleged that “the nomination of the DDCA’s representative for the forthcoming (BCCI) AGM and the elections is ‘illegal and constitutes deliberate and wilful contempt’ of the judgement passed by the Special Bench of the Delhi High Court”.
The 17-page objection to Sharma’s representation in the BCCI AGM has highlighted six counts of objectionable breaches with a request that “the participation (of Sharma) shall render the entire AGM and election of the BCCI as ‘vitiated’ and ‘rendered invalid’.”
The letter addressed to the Electoral Officers has cited the following six instances of objectionable breaches, leading to Sharma’s nomination for the BCCI AGM.
- Wilful and deliberate contempt of the Delhi High Court order: The contempt is cited on two counts – a) DDCA president Rajat Sharma’s nomination for the BCCI AGM; and b) and Amendment in DDCA’s Articles of Association not being ratified by the General Body of the DDCA
- Violation of the Companies Act: The DDCA is registered as a non-profit company with the Registrar of Companies. Any resolutions passed by the Apex Council without seeking the mandate of the members at the EGM are in “violation of the section 13 and section 14 of the Companies Act. The resolution to nominate Sharma to represent the DDCA at the BCCI AGM is allegedly adopted at the Apex Council and not at the AGM.
- False undertaking by Rajat Sharma: The compliance certificate filed by the DDCA president to the CoA BCCI, confirming that the newly-registered constitution of the DDCA is similar to the BCCI constitution as approved by the Supreme Court in letter and spirit is allegedly “prima facie false and utterly baseless statement devoid of any further truth”.
- Violation of the specific direction of the Supreme Court out of a “planned, treacherous strategy”: A number of instances have been cited where the Company Law guidelines, DDCA Articles of Association, the Supreme Court guidelines are allegedly violated with regard to the amendments to the DDCA constitution, amendment to various laws and bye-laws of the body and ratification of the changes at the DDCA EGM.
- Deliberate violation of the BCCI constitution: DDCA guilty of running its affairs in “gross oppression and mismanagement” by deliberately choosing to defy the Constituion laid down by the Supreme Court. Numerous violations cited against the “habitual offender” DDCA.
- Amended AoA not the final word: AoA approved by the Apex Council and uploaded on the Registrar of Companies website is allegedly “fallacious” since the matter is still pending with the Supreme Court.
CLICK HERE to see the complete document DDCA secretary Tihara has submitted to the BCCI Chief Electoral Officer.
Tihara’s letter to the Electoral Officer further states that nomination of Sharma as the representative of the DDCA is “grossly illegal and in utter defiance of court judgements”. Hence, the nomination displayed in the Eletoral Rolls “deserves rejection, failing which his (Sharma’s) participation will render the entire AGM and the election of the BCCI ‘vitiated and invalid’.”