Patna: बिहार क्रिकेट में जो एजीएम के बाद बीसीए सचिव और अध्यक्ष के बीच जो खींचातानी चल रही है इससे बिहार क्रिकेट का मौहोल में गर्मी उत्पन हो गयी है,बीते दिनों में बिहार क्रिकेट में सचिव के द्वारा जो ईमेल अध्यक्ष को भेजा गया था उसपर आदित्य वर्मा ने खेलबिहार. कॉम न्यूज़ को प्रेस विज्ञप्ति जारी कर कहा।
श्री वर्मा ने कहा कि संजय कुमार सचिव के मेल से एक बार पुनः बिहार क्रिकेट एसोसियेसन के सचिव तथा अध्यक्ष का विवाद बिहार क्रिकेट के प्रतिभावान क्रिकेटरो का सत्यानाश करने का कोई कसर नही छोड़ेगा ।
संजय कुमार ने जो मेल बीसीसीआई के पदाधिकारीयों के साथ साथ बीसीसीआई के तमाम राज्य क्रिकेट संघो के पदाधिकारीयों को भेज कर खुलेआम बीसीए के अध्यक्ष के उपर बहुत ही संगीन आरोप लगा कर झुठा हलफनामा लगा के बीसीए अध्यक्ष का चुनाव जीतने का काम किया था । संजय कुमार के द्वारा भेजे हुए मेल की कॉपी तथा अन्य दस्तावेज की कॉपी अभी अभी बीसीसीआई के एक ताकतवर अधिकारी ने मुझे भेज कर बहुत ही कोसा है ।
To,
Hon’ble President/Honorary Secretary
BCCI
SUBJECT : Contesting Election on false affidavit by Hon’ble President of BCA, Mr Rakesh Kumar Tiwari, and termination of his membership by operation of Law.
Respected Sir,
With due respect I want to submit as under:
The Election of BCA was held on 29.09.2019. In the said election, the Electoral Officer had published nomination papers which was in the form of affidavit and was to be notarized. Clause-h of the nomination paper reads as under:
“I am attaching (1) an information sheet detailing the periods for which I have been an office bearer in the BCA and/or any DCA (2) certified copy of the resolution passed by the …………………………… of the Full Member association duly nominating me as its representative to the BCA Annual General Meeting to be held on …………… and also solemnly affirm that the information provided therein is true to the best of my knowledge and understanding”
All the eligible persons including Mr. Rakesh Tiwari filed his nomination papers. Mr. Rakesh Tiwari while attaching the information sheet (copy attached herewith)as required by Clause-h, gave information that he held the post of Vice-President of Gopalganj District Cricket Association from 2017 to 2019. This statement of Mr. Tiwari is on affidavit. On the basis of this information he became eligible to contest the election of BCA and succeeded in getting himself elected for the post of ‘Hon’ble President’.
It will be relevant to mention herein that the erstwhile Honorary Secretary of BCA sent to the then Supreme Court Appointed Committee of Administrators the affidavits submitted by the Full members of BCA in support of the fact that they had held their respective elections and what is the status of office bearers of their respective associations prior to their election and post election. Accordingly, Gopalganj District Cricket Association had also filed an affidavit dated 24.08.2019 duly sworn by the Honorary Secretary of Gopalganj District Cricket Association (Copy enclosed herewith) wherein it has been stated on oath that prior to the election held on 02.12.2018 the status of office bearers were as under:
President – Chandra Vansh Giri
Vice President – Rama Shankar Prasad
Hony. Secretary – Kumar Vansh GIri
Hony. Joint Secretary – Vikash Kumar
Treasurer – Ravi Kumar
After the election held on 02.12.2018, the status of office bearers are as under:
President – Chandra Vansh Giri
Vice President – Rama Shankar Prasad
Hony. Secretary – Kumar Vansh GIri
Hony. Joint Secretary – Vikash Kumar
Treasurer – Ravi Kumar
Thus admittedly, Mr. Rakesh Kumar Tiwari was not among the list of office bearers of Gopalganj District Cricket Association during 2017-19, for which he has stated on oath that he was the vice-president of Gopalganj District Cricket Association for the period 2017-19.
That in the aforesaid admitted facts it is evident that Mr. Rakesh Kumar Tiwari has succeeded in election on the basis of false information and as the false affidavit has been given of affidavit therefore an FIR has to be lodged against him.
Rule 18 (5) of the Rules & Regulations of BCA which clearly provides that the Committee of Management (hereinafter referred to as COM) (Apex Council in BCCI) shall meet at least once every 03 months. Last meeting of COM (Apex Council in BCCI) was held on 15.11.2019 and as such 03 months lapsed on 15.02.2020. Thus, Rule 18 (5) was violated and result for violating any provisions of the Rules & Regulations of BCA has been provided under Rule 5 (a) (vii) which deals with termination of membership of the member who violated the Rules & Regulations of BCA. Therefore, the membership of Hon’ble President has been terminated w.e.f. 15.02.2020 by operation of law and as such any directions/orders passed by him after 15.02.2020 are without jurisdiction.
It is further submitted that on 15.02.2020 three members of COM (Apex Council in BCCI) send requisition to the Honorary Secretary of BCA for convening Special Meeting of COM (Apex Council in BCCI) under Rule 18 (6) of the Rules & Regulations of BCA. The Honorary Secretary fixing date, time and venue send the notices to all the members of COM (Apex Council in BCCI) but the Hon’ble President did not responded. Thereafter, the Honorary Secretary circulated the Agenda for the Special Meeting of COM (Apex Council in BCCI). The Special Meeting of COM was schedule for 29.02.2020.
The Honorary Secretary in his email dated 15.02.2020, had also enclosed the approval from other three members of COM through their respective emails. Thus, the Honorary Secretary convene the Special Meeting of COM on the requisition of three members and on approval from the other three members.
In the meantime the Hon’ble President using his influence, succeeded in winning over two of the members who filed the requisitions and one member who gave his approval.
In any case, the requirement of law in respect to convening Special Meeting of COM is requisition by three members. Thus in-spite wining over of three members, requisition by one member and approval of by two members still was in operation. Secondly, there is no illegality in withdrawing the requisitions by the respective members but it is a settled principle of law that if the requisitions sent by the members have been acted upon, the same could not be withdrawn as it loses its effect/purpose (in the present case effect/purpose of the requisitions were to convene the meeting of COM).
On 15.02.2020, the requisitions were sent by the members and on same day it was circulated to all the members of COM and thereby the requisitions were acted upon on 15.02.2020 itself. It was also published on the official website.
Till 23.02.2020 no objections from anyone was given but out of sudden Honorary Joint Secretary of BCA issued notice to all members of COM through email convening Emergent Meeting of COM (Apex Council in BCCI) on 28.02.2020 i.e. one day prior to the date already fixed for Special Meeting of COM. The notice of so called Special Meeting of COM was not sent to the Honorary Secretary.
First question which arises that under which provision of the Rules & Regulations of BCA, a Joint Secretary of BCA could issue notice of meeting. The expected answer by the Hon’ble President will be that in the AGM dated 31.01.2020 the Honorary Secretary has been ‘restrained from discharging the duties of Honorary Secretary of BCA’. In this context I have to submit that there is difference between ‘duties of the Secretary’ and ‘right of the Secretary’ and has to further submit as under:
(i) Under which Rule the alleged AGM was held on 31.01.2020. If the answer is Rule 11 (1), then it has to be held once in a year whereas an AGM of current year has already been held on 25.05.2019.
(ii) Whether Rule & Regulations of BCA provides more than one AGM in a year, if not, then whether the decisions taken in the AGM dated 31.01.2020 could be held to be valid, justified and legal. In the year 2019-20 already two AGM have been held, first regular AGM was held on 25.05.2019 under Rule 11 (1) and second AGM was held on the direction/order passed by the Hon’ble Supreme Court for implementing the recommendations of Justice Lodha Committee, which could be held under Rule 11 (2) of the Rules & Regulations of BCA.
(iii) When I did not participated in the so called AGM then was it not proper for the house to issue show cause notice to me for explaining the reason(s) for not participating in the meeting and Whether leveling alleged charges against me behind my back was justified & Legal and alleged decision taken against me in the so called AGM is in the teeth of principle of Natural Justice.
(iv) Which Rule of the Constitution of BCA empowers General Body to take penal action against the elected office bearers? General Body is the Supreme Body of BCA and an appellate authority.
(v) Whether or not the decision by the General Body to restrain me from discharging the duties of Honorary Secretary of BCA is against the principle of Natural Justice. I have been retrained from discharging my duty without issuing a show cause.
(vi) For argument sake it is presumed that AGM dated 31.01.2020 was valid and General Body is empowered to take penal action against the elected office bearers, then under which Rule of the Constitution of BCA the General Body constituted 5-Men Enquiry Committee. It is also relevant to submit that why the Rule which provides for action against the elected members has not been invoked.
It is further submitted that even for argument sake it is presumed that the alleged AGM dated 31.01.2020 was legal and the decision of the house to restrain me from discharging the duties of Honorary Secretary of BCA is also justified then does it mean that I am not the Secretary of BCA. If I still hold the post of Honorary Secretary of BCA then I am entitled to participate in all the meetings of BCA because participating in a meeting is the Right of a Secretary. The House restrained me from discharging my duties and there is difference between Secretary’s duties and Secretary’s right. The duty of the Secretary is to get the decisions of the COM, SGM and AGM executed. Right of the Secretary is to participate in the COM, SGM and AGM. Thus, on this score also I am entitled to participate in the meetings of BCA.
Now coming to the main issue, till 23.02.2020 there was no objection from any of the member for convening the meeting of COM dated 29.02.2020 but on 24.02.2020, the Honorary Joint Secretary of BCA issued notice for Emergent Meeting of COM to be held on 28.02.2020. The agenda of the said meeting is ‘To discuss and decide the status/execution in regard to the Decision taken in the Annual General Body Meeting held on 31st of January, 2020 at Hotel Aditya Inn, South Ramana Road, Ara’. I failed to understand that What is so emergent in this agenda which could not have been discussed in the Special Meeting of COM dated 29.02.2020.
Coupled with aforesaid fact with the fact that on same day i.e. 24.02.2020 and on subsequent date i.e. 25.02.2020 the two members who sent the requisitions and one member who send his approval withdrew their requisitions/approval by sending letter to Hon’ble President, the reason is very obvious. For almost 9-10 days these members did not withdrew their requisition/approval nor did Hon’ble President cancelled and/or declared the meeting of COM to be held on 29.02.2020 as illegal but as soon as the Hon’ble President came to know that in the Special Meeting of COM the forgery committed by him during the election may be discussed, he started all methods to avoid the Special Meeting of COM and this is also the reason for not sending the notice of Emergent Meeting to Honorary Secretary.
Beside the aforesaid glaring illegalities committed by the Hon’ble President, he has also committed following illegalities:
(i) Hon’ble President restrained the members of Junior Selection Committee from discharging their duties in the midst of the season and to constituted Enquiry Committee to Enquire the conduct of the members of Junior Selection Committee. Rules & Regulations of BCA does not support this action of the Hon’ble President.
(ii) Report of Search & Screening Committee has not been submitted to any of the members of COM but on its alleged recommendation he appointed Hon’ble Ombudsman under his own signature and that also on huge remuneration.
(iii) Gave threatening to the District Representative.
(iv) Manipulated and changed the decisions taken in the minutes of the meeting of COM dated 15.11.2019
(v) Violated Rule 18 (5) of the Rules & Regulations of BCA.
(vi) Pressurizing the Honorary Secretary to notify notice for AGM for 31.01.2020 and without waiting for Honorary Secretary to notify the same, he himself notified the same one day earlier.
(vii) Addressing the Honorary Secretary as ‘Suspended’, ‘Erstwhile’, ‘Sacked’ and ‘restrained Hony. Secretary’ and thereby maligning the image of Bihar Cricket Association.
(viii) Held Emergent meeting of COM on 28.02.2020 to avoid the Special Meeting of COM dated 29.02.2020 as one of the Agenda relates to discussion on the act & action of Hon’ble President & Honorary Secretary.
(ix) So called AGM and Emergent Meeting of COM have been held at the place owned by the office bearers of BCA. This time also alleged Emergent Meeting was held at President’s residence. On earlier occasions members were forcibly stopped from participating in the meeting and persons of choice were allowed in the meeting and this time also representatives of ICA could not participated in the meeting and on their place Hon’ble President allowed his own two players to participate in the meeting.
In the aforesaid background of the facts, it is evident that
(a) Mr. Rakesh Kumar Tiwari has been elected on the post of President of BCA on the basis of false information given by him on affidavit.
(b) In view of Rule 18 (5) read with Rule 5 (a) (vii) of the Rules & Regulations of BCA membership of Mr. Rakesh Kumar Tiwari terminates w.e.f. 15.02.2020 by operation of law.
(c) The Emergent Meeting of COM (Apex Council in BCCI) held on 28.02.2020 amounts of contempt of Court as in the said meeting players representative not authorized by the ICA were allowed to participate in the said meeting of COM (Apex Council in BCCI)
These information are in respect to the ill-activity been committed by the Hon’ble President of BCA and for your necessary action in the matter.
With warm Regards Sanjay Kumar Honorary Secretary Bihar Cricket Association
बीसीए सचिव द्वारा जो ईमेल किया गया वह इस प्रकार से था
साथ हि कहा है कि बिहार क्रिकेट संघ झारखंड राज्य बनने के बाद योग्य पदाधिकारी के कमी के कारण ही 18 सालो तक भुगता था। यही हाल रहा तो बिहार क्रिकेट को डुबने से हम भी नही बचा सकते है ।
खेलबिहार न्यूज़ भारत के विश्वाशी न्यूज़ पोर्टलों में से एक तथा भारत के हर छोटे से बड़े राज्यों की खबरों को प्रमुख्ता से आपलोगो तक पहुंचाने वाला डिजीटल मीडिया। अगर आप अपने बिजनस का विज्ञापन या खेल की खबर जैसे प्रैक्टिस मैच , टूर्नामेंट या कोई भी खबर हो आप हमे देना चाहते है तो Whatsapp करे :-9123473681 पर या ईमेल करे :-khelbihar24@gmail.com .
