February 11, 2015: The Honourable Rajasthan High Court, today granted relief to the office-bearers of the Rajasthan Cricket Association (RCA). 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 and without the requisite notice period of 21 days. The Honourable Court 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 RCA.
The court has, thus, quashed the resolutions passed in a meeting dated October 11, 2014. If there would have been a proper notice given, the required majority for carrying a no confidence motion would have been 25 out of 33.
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 the 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 of the Sports Council. If no requisition is moved, the charge would be handed over on March 13 to the office bearers.
If the motion fails i.e. if on a requisition, a meeting is called and there is less than 3/4th majority - i.e. the motion of no confidence fails, then the charge would be handed over to the office bearers.
If no-confidence motion is passed, the Chairman of the Sports Council has to act in furtherance of the Act and conduct fresh elections.
Thus even after no confidence, Amin and party shall have no say but fresh elections would have to be conducted.
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