Anurag Thakur, Ajay Shirke submit affidavits to Lodha panel

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The president and the secretary of the Indian Cricket Board, on Saturday (November 5), submitted their respective affidavits to the Justice RM Lodha committee as directed in the October 21 order, telling the court that the members of the Board have rejected the memorandum of association as proposed by the Committee and the two office-bearers are in no position to influence their decision because they do not have a vote in general body meetings.
President Anurag Thakur and secretary Ajay Shirke filed their affidavits and in doing so, they submitted on oath that the contents of the affidavits are true as derived from the records and submissions have been made on the basis of legal advice received where no part has been concealed.
Both will have to now file these affidavits in the Supreme Court by December 3.
The president and the secretary have submitted that in the Special General Meeting (SGM) of the BCCI dated 1-10-2016, the secretary of the BCCI proposed to the members (of the Board) that the new memorandum of association as proposed by the Lodha Committee, amended by the Hon’ble Supreme Court and annexed as Annexure A to the report of the Committee, be adopted in totality.
This proposal was seconded by the president.
“All the members, however, rejected this proposal. The members further went on to state that while they were not averse to adopting the new memorandum, they had difficulties in adopting the same in totality as proposed by the Hon. Secretary and seconded by (the President),” the affidavits read.
The BCCI has already marked a copy of the two affidavits to the Lodha Committee and couriered the original copies.
The Board president and the secretary have stated that the “members unanimously chose to go through the entire memorandum as proposed by the Lodha Committee and voted on each and every item of the proposed memorandum.”
The October 21 order of the Supreme Court had directed the BCCI to i) file an affidavit of compliance made by it of those recommendations stated to have been fulfilled to enable the committee to verify whether there has been compliance of what the BCCI states, ii) the steps to be taken to fulfil the remaining directions of the SC and iii) after filing of the affidavits, the president and secretary shall appear in person before the Lodha Committee and explain the steps taken for compliance and the course of action to be adopted hereafter.
The Committee had asked Thakur and Shirke to appear before them on 09-08-2016 at Hotel Imperial in New Delhi which Thakur could not attend because of his parliamentary commitments.
Shirke submitted in his affidavit that he was given a list of first timelines by the Committee and asked that the existing members of BCCI be called for a meeting of the general body to adopt the new memorandum prepared by the Committee (and accepted
by SC).
The BCCI first called for a SGM on 30-09-2016 which had to be postponed by a day because some members had not submitted valid representation letters to attend the meeting.
On 1-10-2016, the meeting had a full quorum where the secretary and the president say — in their respective affidavits — that they proposed and seconded the new memorandum of association as proposed by the Committee and it was put to vote before the members.
In addition to their statements on oath that all members rejected the proposal, the BCCI president and the secretary also attached the minutes of the entire process of the meeting. “The attached draft minutes are a true copy of the entire process of the meeting and give full details of the provisions
adopted as well as some of those that have been accepted by the members with changes,” the affidavits stated.
Thakur and Shirke also added that “it may be noted these are draft minutes and have not yet been approved by the house of the BCCI and are subject to correction by the members”.
The president and the secretary have categorically mentioned in the affidavit that they do not have a vote in the general body meeting. “As president, I am in no position to force members to adopt the full memorandum as recommended, even though armed with a SC order as the members are of the opinion that as per the provisions of the Tamil Nadu Societies Registration Act — under which the BCCI is registered — they can amend their memorandum only when three fourths of the members present and entitled to vote, accept the changes of the memorandum.
“I am thus rendered totally incapable and without any authority to force the members, who are 30 in number and have voting rights under the statute, to adopt the entire memorandum as proposed by the Lodha Committee,” Thakur said in his affidavit, which is similar to Shirke’s.
The BCCI also brought it to the SC’s notice that its members held another informal meeting in New Delhi on 15-10-2016 (not a SGM) wherein the members were told that should they not adopt the memorandum, all payments due to the state associations would be stopped.
“The secretary once again asked the members if their stand was changed in the light of the fact that all future payments to them would be stopped and whether they would accept the memorandum in totality.
“The members stuck to their stand that they would abide by the new memorandum only as approved by them with the changes as approved by them in the adjourned meeting of 30-09-2016, irrespective of the fact that no further payments would be made to them,”
Thakur wrote.

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