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AGM date still not fixed as 21- day notice period expires in a few days

I N THE seemingly unending 2013 IPL betting- fixing imbroglio, yet another well- established BCCI convention could well go for a toss. It is about the thrice- postponed AGM as well as the powers of the Board's working committee, its highest decision- making body.

On December 12, the Supreme Court, upon a request from the BCCI's senior counsel C. A. Sundram, seeking to postpone the AGM till January 31, agreed to give extra time as the arguments were still going on. The court wrote the same in its order issued the same day. The AGM was scheduled to be held on December 17, after being postponed twice, while the court had reserved judgement before it closed for the winter break.

Unlike on both previous occasions, when the BCCI had convened working committee meetings to pass resolutions to fix the next date of the AGM following postponements, the working committee hasn't been convened now to decide on the AGM date.

Sources say that since the Supreme Court has not delivered the judgement till Wednesday, it's unlikely that a working committee meeting would be convened due to paucity of time.

" The BCCI constitution requires a clear 21- day notice to convene the AGM. Accordingly, the Supreme Court will have to deliver the judgement by January 9, as January 10 is a Saturday, a holiday for the court, to conform to this rule of the AGM notice period, but, of course, no one can give direction to the highest court of the land," a top source told M AIL T ODAY . " We wonder that if a judgement is not delivered by Friday, what would happen to the January 31 extension for the AGM as in that case the 21- day notice for the AGM cannot be met." The AGM, which should take place by September 30, has been postponed repeatedly as sidelined BCCI president N. Srinivasan, one of the 13 persons being probed in the betting- fixing scandal, wants to contest for a second term at the top but he can't do it as the case is going on.

Besides Srinivasan, his son- inlaw Gurunath Meiyappan and some undisclosed cricketers are also among 13 persons named by the Supreme Court- appointed Mukul Mudgal probe committee.

The court again asked the Mudgal committee to also probe these 13 persons, giving it more powers.

Since the start of second investigation in June, Srinivasan, who has faced the court's ire for conflict- of- interest in the BCCI, has been sidelined after the court asked him to stay away from its day- to- day working.

In Srinivasan's absence, the other BCCI office- bearers have reportedly been taking all the important decisions, though the miniscule opposition alleges that the Chennai business tycoon is still pulling strings.

A top official pointed out another pertinent point. " The Board's constitution clearly states that all decisions have to be ratified by the working committee.

The decisions to postpone the AGM from September to November 20 and then to December 17 were ratified by the working committee through resolutions," he said. " After the Supreme Court on December 12 agreed to the BCCI's request for AGM's postponement, a working committee meeting should have been called to fix the AGM date.

" But till Wednesday evening, we haven't received a notice and it's now highly unlikely that it will be convened. It looks like the Board's office- bearers would directly convene the AGM, which would be unconstitutional." The official further said: " Suppose the judgement doesn't come by Friday, will the AGM be postponed again? I am now waiting to see if the Board issues the meeting notice by Friday or not." AGM has been deferred thrice as Srinivasan wants to contest for top BCCI post but he can't do it now THE VIOLATION On BCCI's request, the Supreme Court had allowed it to postpone the AGM till January 31.

The BCCI constitution requires a 21- day notice to be circulated for convening the AGM. So far no AGM notice has been given, with only two days left to meet the January 31 deadline.

It should first convene a working committee meet to fix AGM date, but it's highly unlikely to happen.

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Publication:Mail Today (New Delhi, India)
Date:Jan 8, 2015
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