Thursday 16 August 2018

DDCA spat gets uglier: Tihara dares Sharma to call AGM, challenges suspension

Sharma to call AGM

The spat between the Delhi and District Cricket Association President Rajat Sharma, who is backed by an absolute majority in the DDCA Executive Committee, and secretary Vinod Tihara is getting uglier. A day after the Rajat Sharma-led Executive Committee had suspended Tihara for “anti-association activities” on Tuesday, the DDCA secretary has “dared” the president to call a special general meeting of the association  to remove him by “passing a general resolution”.
Tihara, insidesport.co has reliably learnt, while going to move the court has also challenged his termination by the DDCA Executive as “illegal, non-est and ab-initiao-void” and claimed that the executive led by Rajat Sharma was not empowered to suspend him.
The DDCA Executive on Tuesday had suspended the secretary by a majority decision for “anti-association activities”. The emergency meeting was called after Tihara had stalled all the decisions taken by the President. Since, he refused to change his stance and withdraw the “emails of dissent” against the President, being backed by the majority of EC, the executive had voted to “suspend the secretary for bringing the DDCA to disrepute”. All but three Executive Members, including Tihara himself, had voted to suspend the DDCA secretary.
Tihara, in a strongly worded notice, had advised the DDCA staff to refrain from any act to enforce or follow the decisions taken by Rajat Sharma “in gross violation of law”. In the circular released on Saturday, Tihara had also challenged the appointment of the CEO, COO, CFO and the GM as well as formation of various cricket committees. He had raised the “conflict of interest” issues in appointment of the cricket committee members and warned the DDCA staff of strict action if any orders from the executive committee or the president were followed in this regard.
Meanwhile, the DDCA executive has written to the Ombusdsman Justice (Retd) Badar Durrez Ahmed to apprise him about the executive committee decision to suspend the secretary. The DDCA EC had also written to the Ombudstman that the content of Tiahara’s circular amounted to indiscipline.
Tihara, however, told insidesport.co that “I as a responsible office-bearer was performing my duties. How can I follow an order from the President or the majority when it is unlawful and unconstitutional. I had raised the issue with them (President and EC), but they refused to relent. I rightfully tried to halt the decisions which are unlawful as well as against the interest of the body”.
On Saturday, DDCA Cricket Director Sanjay Bhardwaj had called a Press Conference in the capital to flag up the issues. That was the first indication of the brewing revolt against Rajat Sharma, who backed by Tihara was voted to the DDCA president’s office with an overwhelming majority.
Shortly after his suspension on Saturday, Tihara has written the letter to Sharma challenging the “Illegal suspension of an Elected Office Bearer – without any authority of law”. Insidesport.co is in possession of the long, legally-worded communique.
“The Board of Directors has no powers whatsoever. I dare you to remove me by invoking Sec 169 of the Companies Act by pass the “Suspension” resolution through a Special Majority by calling an SGM of the members of the 4300 odd members of the DDCA,” Tihara has written in the letter addressed to Sharma.
The suspended DDCA secretary in his support has also referred to Supreme Court rulings, DDCA constitution and the Lodha Panel reforms.
Insidesport.co has written the DDCA President for his response on the prevailing scenario. An answer is awaited.
https://goo.gl/eXJqNY

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