Life members seek Supreme Court nod for MCA elections

Four Life members of the MCA, Dhanpal Shah, Kamlesh Thakkar, Sudhakar Shanbhag and Ajay Gupte have petitioned the Supreme Court to allow the MCA to go ahead with elections for 2018-21 as per law and without any retrain and hindrance.

The Supreme Court is yet to look at the several Status Reports submitted by the CoA and in the event of it not taking up the petition filed by the four Life members of the MCA, its secretary, Riyaz Bagwan is likely to go ahead with the elections.

Four Life members of the Maharashtra Cricket Association (MCA) , Dhanpal Shah, Kamlesh Thakkar, Sudhakar Shanbhag and Ajay Gupte have petitioned the Supreme Court to allow the MCA to go ahead with elections for 2018-21 as per law and without any retrain and hindrance. The MCA has scheduled the elections for 2018-2021 on May 2, 2018.

In the last few days, the Supreme Court appointed Committee of Administrators had cautioned the MCA from going through the process of conducting elections without the CoA getting the amended Constitution verified to make sure that it is Lodha Rrecommendations compliant.

The second communication from the CoA to the MCA Secretary Riyaz Bagwan said, “The CoA is surprised that a copy of the new/ amended constitution of the MCA has still not been provided as sought vide the trailing email dated 20th April 2018. Without scrutinising a copy of the new/ amended constitution of the MCA, it is not possible to confirm if the same is compliant with the recommendations of the Hon’ble Justice Lodha Committee as accepted vide judgment dated 18th July 2016 passed by the Hon’ble Supreme Court and enforced vide subsequent orders.

“You are aware that as per the timelines for implementation and/or directions issued by the Hon’ble Justice Lodha Committee, any elections have to be conducted only after the MCA’s constitution has been suitably amended as aforesaid. In the event it subsequently comes to light that the new/ amended constitution of the MCA is not compliant with the recommendations of the Hon’ble Justice Lodha Committee as accepted vide the Judgment and enforced vide subsequent orders, any elections that may be conducted in the meantime will stand vitiated.”

The petitioners have told the apex court that the amended Constitution, which according to them is Justice Lodha Reforms Compliant, has been submitted to the office of the Charity Commissioner for approval. It has also told the apex court that the MCA is registered under the Public Trust Act and also with the Registrar of Societies and hence it has to conduct elections as per law.

The Supreme Court is yet to look at the several Status Reports submitted by the CoA and in the event of it not taking up the petition filed by the four Life members of the MCA, its secretary, Riyaz Bagwan is likely to go ahead with the elections.