Rajasthan High Court on Wednesday permitted the Rajasthan Cricket Association (RCA) group opposed to Lalit Modi to hold a fresh no-confidence motion after following due process by March 12 failing which the executive body led by Modi will be allowed to resume charge.
In a detailed order Justice Bela M Trivedi held that the extraordinary general body meeting held on October 11, 2014 was not preceded by a clear 21 days notice as was required under the provision of Memorandum of Association of RCA and as such out of 33-member district cricket associations only 22 participated, which was less than the three-fourth majority that comes to 25 districts.
The single judge bench observed,"If such a course is permitted to follow, a small group of members showing fake members would keep on passing no confidence motion against the office bearers without following any due process of law, and keep on creating chaotic and anarchic situation in RCA, that cannot be permitted."
The elections for the RCA executive body took place under the orders of the Supreme Court on December 19, 2013 of which results were declared on May 6, 2014, wherein Lalit Modi was elected as President, Somendra Tiwari as Secretary, Pawan Goyal as Treasurer and Mehmood Abdi as Deputy President along with other members.
All these four executive office-bearers were removed in a meeting held on October 11, 2014 by a group led by Amin Pathan, a BJP youth leader who was also elected as RCA executive body member along with Modi. The removal though has been termed to be bad but the court in its order has directed that Secretary, Rajasthan Sports Council, will continue under interim measures as per earlier court orders till March 12.
The Court observed that in case the no-confidence motion is passed, the Secretary, Rajasthan Sports Council, shall take due steps as provided under the law to manage the affairs of RCA but if either no confidence fails or is not brought in the period of four weeks, the executive body as elected on May 6, 2014 will resume affairs of RCA.
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