Due process was followed for the constitution of the MCA: former judge
MUMBAI: The Mumbai Cricket Association Saturday's statement on its website that its new constitution was registered without the approval of its general body has surprised HL Gokhale, who was part of the two-member Administrators Committee appointed by the Bombay High Court last year to implement The reforms of Lodha.
It was during the term of Gokhale, a retired judge of the Supreme Court, and VM Kanade (retired judge of the Supreme Court) that the new constitution of the MCA was registered with the Commissioner of Charity on September 12, 2018, MCA He said in a note shared with its members. This constitution was registered without the approval of the general body, said the association.
We were appointed on April 6 last year to modify the MCA 's constitution as per the Lodha reforms. Look at for 39 and 40 of the Supreme Court's judgment on August 9. In for 39, it has been mentioned in the end that' we're emphatically of the view that the draft constitution of the BCCI has been approved by this court, and any amendment should not be given effect without the leave of the court. ' In for 40, sub for 2, it has been mentioned that each of the state associations have to register their new constitution within a period of 30 days of the registration of the new BCCI constitution, as per the Tamil Nadu Societies act in Chennai. So, we had no option but to act upon it, Gokhale told TOI on Sunday.
Still, after we made a draft constitution as per the Lodha reforms approved by the apex court, we invited suggestions and corrections on it from all the MCA members. We gave the first draft of the new constitution on August 14, 2018. After getting further suggestions on that, we gave a second draft on September 3, in which we gave ordinary membership to Times of India and MSSA, and included Khargar in MCA's jurisdiction.This constitution was registered on September 12 and put up on the MCA ' s website on September 14. If we have invited suggestions from the members at least 3-4 times, and accepted quite a few of them, where is the question of not being fair to the members? And we had to follow the SC's judgement, I added.
So, due process of law was followed by the CoA while framing the constitution of MCA, said Gokhale.
In its ruling last year, the High Court of Hyderabad had said that, in view of the SC's instructions, it is not necessary to go to the general body (to make the new constitution according to the Lodha reforms).