India TV Chairman and Editor-in-Chief Rajat Sharma had on Saturday resigned as DDCA president citing vested interests
The Delhi & Districts Cricket Association (DDCA) ombudsman Justice (Retd) Badar Durrez Ahmed on Sunday ordered Rajat Sharma to continue in his role as president of the state cricket body while stopping suspended general secretary Vinod Tihara's reinstatement.
Rajat Sharma, who is the Chairman and Editor-in-Chief of India TV, had on Saturday resigned from his post, citing his inability to continue amidst "various pulls and pressures", though without taking any name.
The Ombudsman has also in his directive stated that due procedure was not followed while passing a resolution to withdraw powers of president and Tihara's suspension can't be revoked till his case remains pending with the Ombudsman.
"Three purported resolutions are said to have been passed by circulation by the Apex Council on 13.11.2019. These purported resolutions are said to be illegal," the ombudsman stated in his order, a copy of which is in possession of India TV.
"One purported resolution seeks to reinstate Mr. Vinod Tihara, as the Secretary, DDCA, who was suspended on 2.11.2019 by the Apex Council and in respect of which a reference was made to the Ombudsman.
"It is pertinent to note that the reference is pending with me and Mr. Vinod Tihara had been given two weeks time to respond. No reply has been received from Mr. Vinod Tihara."
The Ombudsman added: "Prima facie no purported resolution reinstating Mr. Vinod Tihara ought to have been passed when the very issue was under consideration of the Ombudsman."
The Ombudsman in his order stated that Apex Council can't pass any order as the resignations of Sharma and other office bearers "will be kept in abeyance".
"All these persons who had tendered their resignations shall continue to discharge their duties in the interest of the game of cricket.
"No further resolution in this regard be sought to be passed by members of the Apex Council without the permission of the Ombudsman and without following proper procedure."
The hearing of the complaints will take place on November 27.
READ THE FULL ORDER HERE...
Complaints received from
1. Mr. Rajan Tewari - dt. 16.11.2019
2. Mr. Darshan Singh - dt. 16.11.2019
3. Mr. Siddharth Singh - dt. 17.11.2019
(With enclosed copies of 3 purported resolutions dt. 13.11.2019)
ORDER
The above three complaints have been received. The common thread running through the complaints is that a very serious and anarchic situation prevails in the administration of the affairs of DDCA. This has allegedly been caused by disruptive actions by some members of the apex council which purportedly led to the President, CEO, CFO and GM, Cricketing Operations tendering their resignations.
Three purported resolutions are said to have been passed by circulation by the Apex Council on 13.11.2019. These purported resolutions are said to be illegal and non-est as the same, according to the complainants and in particular Mr. Siddharth Singh, are in violation of section 175 of the Companies Act, 2013 as the proposed resolutions were not circulated to all the members of the Apex Council.
One purported resolution seeks to reinstate Mr. Vinod Tihara, as the Secretary, DDCA, who was suspended on 2.11.2019 by the Apex Council and in respect of which a reference was made to the Ombudsman. It is pertinent to note that the reference is pending with me and Mr. Vinod Tihara had been given two weeks time to respond. No reply has been received from Mr. Vinod Tihara. A copy of this purported resolution was also sent to me on 16.11.2019 by Mr. Sanjay Bharadwaj.
The second purported resolution sought to terminate the services of the CEO, Mr. Ravi Kant Chopra and his work was to be looked after by the CFO, Mr. P.C. Vaish, till further instructions.
The third purported resolution sought to withdraw the powers which were accorded to the President on 2.07.2018.
After considering the complaints I find that urgent steps are called for in the interest of the game of cricket. Prima facie no purported resolution reinstating Mr. Vinod Tihara ought to have been passed when the verry issue was under consideration of the Ombudsman. This is apart from the fact that, prima facie, it appears that the proper procedure for circulating a proposed resolution was not followed.
In these circumstances, in order that the interest of the game of cricket and its administration by DDCA is not jeopardised I stay the operation of the said three purported resolutions and direct the maintenance of status quo ante as existing on 12.11.2019. The resignations mentioned above shall be kept in abeyance. All these persons who had tendered their resignations shall continue to discharge their duties in the interest of the game of cricket. No further resolution in this regard be sought to be passed by members of the Apex Council without the permission of the Ombudsman and without following proper procedure.
The above order shall operate till further orders after hearing the complainants and members of the Apex Council who wish to be heard.
This order is being sent to the complainants and to all members of the Apex Council and Mr. Vinod Tihara.
Hearing on these complaints shall take place on 27.11.2019 at 11am at a venue to be fixed by DDCA and notified to all concerned.
Justice Badar Durrez Ahmed (retd)
Ombudsman, DDCA
