NADIM MEMON Vs. MUMBAI CRICKET ASSOCIATION

JUDGEMENT

(1.) The Mumbai Cricket Association/Original Respondent No.1 (In short 'MCA') has filed this Notice of Motion on 2.11.2018 wherein following reliefs are sought:

(2.) Vide order dated 6.4.2018, the Division Bench of this Court in Writ Petition (L)No.752 of 2018 (in terms of the Minutes of the Order) appointed a committee of administrators comprising of Mr. Justice H.L.Gokhale, former Judge of the Hon'ble Supreme Court (Chairman) and (2) Mr. Justice V.M.Kanade, former judge of the Bombay High Court (Member) for the purpose of ensuring implementations all the directions contained in the Principal Judgment as well as the steps set out in the timelines issued by the Hon'ble Justice Lodha Committee pursuant thereto. The Committee of Administrators were to take charge within a period of one week. Until the Committee of Administrators would assume charge, the following persons viz. (A) Adv. Ashish Shelar (President) (B) Prof. Dr. Unmesh Khanvilkar (Jt. Hon. Secretary), ((THELAW)) Mr. Navin Shetty (Committee Member), (D) Mr. Shahalam Shaikh (Committee member), (E) Mr. Ganesh Iyer (Committee member) and (F) Mr. Arman Mallick (Committee member) were appointed to look after the management and administration of the Mumbai Cricket Association including all work concerning the smooth running of the 11 th Indian Premier League tournament. During this interim period, Adv. Ashish Shelar and Prof. Dr. Unmesh Khanvilkar were authorised to sign cheques and/or operate the bank accounts on behalf of the Mumbai Cricket Association for routine payments.

(3.) The Committee of Administrators took charge of the administration of the Association on 11.4.2018 and thereafter drafted Constitution of the Association and decided to hold special General Body meeting of the Association to consider the amended Constitution or before 15.4.2018. In the meantime, the Hon'ble Supreme Court of India in its order dated 1.5.2018 had taken a view that it would finalise BCCI Constitution by 7.5.2018 and thereafer Association would amend their Constitution to bring the same in synchronisation with the BCCI Constitution. The Hon'ble Supreme Court, however, could not finalise the Constitution of the BCCI and, therefore, Constitution which was sync with the BCCI Constitution could not be placed before the General Body of MCA on or before 15.6.2018 nor elections were held before 31.7.2018. In the circumstances, vide order dated 15.6.2018 in Notice of Motion NO.267 of 2018, this Hon'ble Court was pleased to extend the time to hold the elections for a period of three months from 15.6.2018 and also extended period by two months to carry out amendment.