The Delhi High Court has restricted the Board of Control for Cricket in India from appointing an administrator or taking over the Delhi and District Cricket Association.
In yet another boost to the State cricket body, the court has also directed the BCCI to pay “due monies in the DDCA account within two weeks” from the passing of the order.
Solicitor General Tushar Mehta, appearing for the BCCI, has told the court that the “monies shall be paid into the account of the DDCA by BCCI within two weeks from the date of the receipt of the court order”.
Court, according to DDCA standing counsel Gautam Dutta, accepted the argument that the BCCI being a society cannot take over the DDCA, which is registered as a company.
“We have contended that the DDCA is registered under the Companies Act, 1956. The BCCI has no right or authority in law to ‘take over’ the DDCA or to seek to administer the petitioner’s affairs, in any manner as the BCCI is a society registered and the Societies Act. Can a society appoint and administrator or take over a company? Court accepted our contention and passed the appropriate order,” Dutta told SportzFront.
“DDCA being an affiliate of the BCCI, however, allows the latter to de-affiliate or derecognise us. The court has, however, further stated that even for that the BCCI will have to follow procedures prescribed by law”.
Passing order on the petition of one Nitin Mehra and DDCA’s Director Sports Sanjay Bhardwaj, Hon’ble Justice Mr Najmi Wajiri ruled: “apropos the petitioners’ apprehension that they may be dis-affiliated or an Administrator might be appointed by the BCCI, it only needs to be recorded that the BCCI will take action only as per the procedure prescribed by law. In any case, notice as per by-laws, shall be issued to the DDCA, prior to any precipitate action being taken against it.”
The petitioner on the basis of a newspaper report apprehending that the DDCA will be taken over by BCCI had moved the Delhi High Court in last month.