CoA accuses MCA of fraudulence, calls for court-appointed administrators

CoA has sought for initiation of contempt charges against certain MCA officials

Vinod-Rai-Diana-Edulji-coa-afp (File) CoA members Vinod Rai (left) and Diana Edulji | AFP

Making serious allegations of fraudulence against the Maharashtra Cricket Association, the Supreme Court-appointed Committee of Administrators has sought for initiation of contempt charges against certain officials of the association. This was recommended by the Vinod Rai-led CoA in its eighth status report submitted to the Supreme Court today. It also recommended the appointment of administrators by the apex court.

The MCA had announced that it had amended its constitution as per Justice R.M. Lodha Committee reforms and was set to go ahead with its annual general body meeting on May 2 in Pune.

The matter of reforms in the BCCI is in its final stages—it is set to be heard tomorrow by the Special Bench headed by Chief Justice of India Dipak Misra along with Justices A.M. Khanwilkar and D.Y. Chandrachud.

Detailing the entire set of events preceding the so-called amendments to its constitution by the MCA, the CoA revealed that the MCA had “falsely claimed compliance with the judgement and violated the undertaking contained in the affidavit filed before the Apex Court”.

The COA said, on December 29, 2017, it had received an affidavit affirmed by then president of MCA Abhay Apte that the association had passed a resolution agreeing to undertake, implement and support the reforms.

“The Committee of Administrators was informed that the MCA had during its Special General Meeting held on April 7, 2018 adopted recommendations of the Hon'ble Justice Lodha Committee as accepted by this Hon'ble Court and was proceeding to hold elections.”

The CoA had also received a letter dated January 10, 2018, requesting for “de freezing” of the amounts due to the state association which included fixed deposits aggregating to Rs 17.09 crore. The CoA then instructed BCCI CEO Rahul Johri to issue a no-objection letter.

Meanwhile, the COA requested the MCA via an email to its president to provide a copy of the new constitution as the elections could only happen after the BCCI legal team scrutinises the amendments and clears the same.

In an interesting turn of events, MCA president Apte then informed the CoA that the term of the managing committee had expired and all measures to “form new committee were being taken by the Secretary”. Apte was no longer the president while Riyaaz Bagwan was the secretary.

While Bagwan did send in a copy of the “amended constitution”, Apte, reportedly, in an email dated April 24, 2018, to the MCA—a copy of which was later made available to the COA—said: “I am sure you would send the copy of constitution which was finally discussed and approved in the 7th April, 2018 SGM which I presided over.”

However, the copy sent by Bagwan turned out to be different from the one approved under Apte's watch.

The copy of the amended constitution sent by the MCA secretary to the COA “substantially deviates from the reports of Justice Lodha Committee”, said the CoA status report.

Some life members, too, had complained to the CoA via email about the issues related to the alleged amendments in the new constitution and requested the COA to take action.

MCA was, thereafter, intimated that the proposed May 2 elections are in violation of the apex court judgment and, if they take place, they would be considered null and void. It also put on notice “persons who are involved in conducting and participating therein shall be held responsible for having willfully violated the Judgement”.

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