The Rajasthan High Court on Wednesday granted relief to the office-bearers of the Rajasthan Cricket Association (RCA) by quashing the no-confidence motion by which a faction of the RCA had removed president Lalit Modi and a couple of other office bearers.
Announcing the decision and questioning the legalities of the Emergent General Meeting, held by Amin Pathan faction, the Court asked them to bring a no confidence motion in a proper manner.
The court held that the Chairman of the Rajasthan Sports Council who is at the moment provisionally in charge of RCA can continue to have charge for another 30 days for pre-empting any further disputes.
In this 30 day period – the respondents are free to requisition a meeting for no confidence by moving the Chairman Sports Council. If no requisition is moved the charge would be handed over on March 13 to the office bearers.
The Court held that the no confidence motion brought out by Amin Pathan was wholly illegal and arbitrary, as the meeting was held without giving notice giving and without the requisite notice period of 21 days.
The Court also held that even the requisite quorum was not proper and the members who allegedly attended the meeting were unauthorized. Besides, the meeting was held in a private hotel rather than the premises of the Rajasthan Cricket Association (RCA).
If there would have been a proper notice given then the required majority for carrying a no confidence motion would have been 25 out of 33.
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