Due process was followed for MCA constitution: Ex-judge – Times of India


MUMBAI: The Mumbai Cricket Association‘s statement on its website on Saturday that its new constitution was registered without the approval of its general body has “surprised” HL Gokhale, who was a part of the two-member Committee of Administrators appointed by the Bombay High Court last year to implement the Lodha reforms.

It was during the tenure of Gokhale, a retired Supreme Court judge, and VM Kanade (retired High Court judge) that the MCA’s new constitution was registered with the Charity Commissioner on September 12, 2018, the MCA said in a note shared with its members. “The said constitution was registered without the approval of the general body,” the association said.

“We were appointed on April 6 last year to modify the MCA’s constitution as per the Lodha reforms. Look at para 39 and 40 of the Supreme Court’s judgement on August 9. In para 39, it has been mentioned in the end that ‘we’re emphatically of the view that the draft constitution of the BCCI has been approved by this court, and any amendment should not be given effect without the leave of the court.’ In para 40, sub para 2, it has been mentioned that each of the state associations have to register their new constitution within a period of 30 days of the registration of the new BCCI constitution, as per the Tamil Nadu Societies act in Chennai. So, we had no option but to act upon it,” Gokhale told TOI on Sunday.

“Still, after we made a draft constitution as per the Lodha reforms approved by the apex court, we invited suggestions and corrections on it from all the MCA members. We gave the first draft of the new constitution on August 14, 2018. After getting further suggestions on that, we gave a second draft on September 3, in which we gave ordinary membership to Times of India and MSSA, and included Khargar in MCA’s jurisdiction. This constitution was registered on September 12 and put up on the MCA’s website on September 14. If we have invited suggestions from the members at least 3-4 times, and accepted quite a few of them, where is the question of not being fair to the members? And we had to follow the SC’s judgement,” he added.

“So, due process of law was followed by the CoA while framing the constitution of MCA,” said Gokhale.

In its judgement last year, the Hyderabad High Court had said that in view of the SC directions, it’s not necessary to go to the general body (to make the new constitution as per the Lodha reforms).



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