High Court Order

From:

Mrs. Deepa Tidke

8, Nandanvan, 4^th Road, TPS – III ,

Santacruz-East, Mumbai – 400055

Date: 16^th Aug., 2012

To,

The Hon. General Secretary,

MIG Cricket Club,

Bandra East, Mumbai

Dear Sir,

Re. Mumbai High Court Order dated 1-8-2012 on

Civil Application No. 1363 of 2011 and 32 of 2012

            I came to know of the above referred order of the Hon. High Court, Mumbai re. the suit filed by Mr. Pravin Barve against MCA. The order has many repercussions concerning our Club that need to be immediately addressed by the management.

a)    The order has declared that Parel Sporting Club and Friends Sports Club belong to MIG CC and not to Mr. Pravin Barve.

b)    Accounts of both the said clubs need to be immediately incorporated in the accounts of MIGCC accounts. It means that all the receipts of the said clubs (say, since 1992 for Parel Sporting Club) need to be audited and accounted for.

c)    The accounts may result into certain amounts due and recoverable from Mr. Pravin Barve. The amount needs to be ascertained at the earliest. I suggest that its recovery be scheduled by mutual convenience.  

d)    Any willful delay or failure to act by the management of our Club may be viewed as abetment by all the trustees and the Managing Committee members in a criminal breach of trust. Our Club needs to avoid such unpleasant situation particularly for those in the Government service.  

e)    I believe that one of the grounds for Sec. 41D application (for removal of the trustee) is wrongful claim over the said clubs and monitory transactions relating thereto. As the issue of ownership is now settled, status of the trusteeship of Mr. Pravin Barve need to be clarified by the Board of Trustees of our club.

f)     Statutory auditor should be immediately informed of this HC order so the accounts can be restated accordingly. The auditor will have to take cognizance of this HC order as it is a material fact before re-statement of the accounts for 2010-11. Non-discloser of this HC order to the statutory auditors would amount to willful suppressing of the material facts.

In view of the HC order and the contrary claims made by Mr. Pravin Barve, he needs to immediately resign from the Trusteeship of our Club. He may choose to contest for the trusteeship after settlement of the accounts of the said clubs. A trustee cannot continue in the post when such amounts (now become wrongfully claimed by him) are due from him. I fear that the Office of the Charity Commissioner on taking cognizance of this HC order may direct the management to even file a criminal complaint. A prompt action and resignation by Mr. Pravin Barve would save the Club from such ignomous situation.

I had earlier given suggestions on collection and certification of certain accounting details to be provided along with restatement of the accounts for 2010-11. I regret to note that no information has yet been provided. Moreover, a very peculiar situation would now arise where Mr. Pravin Barve would be signing such restated accounts as Chairman of the Club that need to be avoided.

I request you to kindly inform all the members of the Club of the HC order and the action taken by the Board of Trustees in this respect. It is very unfortunate that you failed to inform the members of this very important order till now.

Thanking you,

Yours sincerely,

  Deepa Tidke

Life membership# LT-1811 

CC to:

1)    Mr. Subodh Kulkarni, ,President, MIGCC

2)    Mr. Gokhale, Hon. Treasurer, MIGCC

Buy-back of Membership

 

 

Buy-back of Membership

Dear Members,

I thought about this concept considering members’ benefit. If any member wishes to sell his membership can surrender it to the Club for an amount to be paid that can be fixed up from time to time. The member would get a good amount and the Club can sell it to others for an higher amount.

It will help the Club collect substantial corpus without increasing total number of the members. The Club should offer free entry to the bar to such outgoing members as a special gesture.

Your support for this proposal is expected in the next general meeting.

Deepa Tidke 

Objections re. Annual Accounts 2001-12

From:
Mrs. Deepa Tidke
8, Nandanvan, 4th Road, TPS-III,
Santacruz-East, Mumbai – 400 055

To,
The Chairman,
MIG Cricket Club,
Bandra – East, Mumbai

Date: 29th May, 2012

Re.

Objections re. Annual Accounts 2001-12 proposed to be approved in
the EGM to be held on 16th June, 2012

Dear Sir,

I request you to kindly place this letter before the Extra-Ordinary Meeting to be held on
June, 2012 to ‘Approve the Annual Accounts’ which were earlier rejected by the adjourned
AGM.

16th

1) On the outset I fail to understand how the Board of Trustees can order the Managing
Committee to call for an EGM to APPROVE THE ACCOUNTS’? The accounts were
rejected earlier by the General Body and the same as it is cannot be placed for its
approval by calling one more General Body meeting! What happens if the EGM rejects
it? Will the Club call for another EGM for its approval?
2)
I sincerely request the Managing Committee and the Board of Trustees to:
a) Circulate the objections raised by the members including those raised by me
wide my letter dated 29th Nov., 2012 along with explanations of the Management
amongst all the members along with the notice for the EGM; or alternatively,
b) Restate the accounts to be audited and certified by the newly appointed Auditor and
send it along with the EGM notice to all the members.
3) Majority of the members are in dark of the rejection of the accounts and reasons for the
same, if any, placed before the AGM. Minutes of the said last AGM are still not ready.
Acceptance or rejections of the explanations offered by the Management to a handful of
the Members and then calling for an EGM for its approval is not proper.
4) You may appreciate that hardly 100-200 members attend a General Body meeting as
many of the Members decide to attend it or not depending on the facts put before
them.

You may appreciate that the objections raised by me were not placed before the AGM. To
reiterate, it mainly concerned about:

Capitalization of the building repair expenses of Rs. 1,00,95,737 that resulted into
overstating the ‘Surplus’ to that extent for the year 2010-11.
Reduction in the ‘Bar’ revenue in spite of rate raise and bar becoming overcrowded over
the period; I had proposed to place before the AGM a Stock reconciliation Statement.
Apparent discrepancy in Membership fee collection; I had proposed to place before the
AGM details of the names and amount collected against each of the new member so
admitted during the year 2010-11.
Recoverability and details of the Loans & Advances aggregating to Rs. 1,87,30,533
outstanding for a long time.

The whole process does not bode well for Transparency in the Management of the Club.
I request you to kindly put this letter on the notice board of the Club for the benefit of the
Members and oblige.

Thanking you,

Yours sincerely,

Deepa Tidke
Life Member LT-1811

Copy to:

The General Secretary, MIG Cricket Club
The Trustees of MIG Cricket Club

Unreasonable and restrictive conditions

From:
Mrs. Deepa Tidke
8, Nandanvan, 4th Road, TPS-III,
Santacruz-East, Mumbai – 400 055

To,
The Chairman,
MIG Cricket Club,
Bandra – East, Mumbai

Date: 29th May, 2012

Sub. A) Unreasonable and restrictive conditions re. Eligibility for
contesting Trustee elections

B) Reasonableness of the Code of Conduct

Dear Sir,

On the subjects referred above I wish to state as under:

A) Unreasonable and restrictive conditions re. Eligibility for contesting Trustee
elections:

1) The condition that ‘only a member who has completed at least one full term
as a Member of the Managing Committee can contest the Trustee election’ is
unreasonable and restrictive. It implies that all other members are less qualified to
discharge the duties as Trustee of the Club! There are many members who may be
much better qualified and experienced that those eligible. Please note that I do not
mean to demean the eligible members.
2) As on today only 32 or so members are eligible as against more than 4,000
members of the Club! Such restrictions amount to denial of civil rights to contest the
election by unjust, unreasonable and restriction eligibility criteria.
3) I draw your attention to the DECLARATION ON CRITERIA FOR FREE AND
FAIR ELECTIONS unanimously adopted by the Inter-Parliamentary Council at its
154th Session (Paris, 26 March 1994) of the Union’s 129 Member Parliaments. It
specifically mentions that everyone should have equal right to contest elections.
4)Various Supreme Court and High Court cases those specifically dealt
with ‘unreasonable and restrictive eligibility criteria’ for candidature. Such
unreasonable and restrictive condition though provided in the Club’s constitution and
a Change Report being already approved by the Charity Commissioner, can still be
easily challenged in a Revision Application.
5) You will appreciate that the Managing Committee and the Board of Trustees are
treated at par under the Bombay Public Trust Act and a condition that one need to
be member of the management of the Club to be eligible to contest to become its
member is very unlikely to stand test of the law.
6) Such Revision Application may lead to the eligibility conditions being declared ‘ab-
initio void and bad in law’ that may result in later annulling the election itself or
stalling the election process by a Stay.

7) I had raised objections in writing to such amendments to the constitution before the
EGM that approved it but my objections were not placed before it or debated.
8) I request you to place on the Club’s notice board details of the eligible members i.e.
name, educational qualifications and experience of the eligible members.
9) The age criteria is also unreasonable considering that our Indian constitution
prescribes a minimum age of 35 years for the post of the Prime Minister of India. I
hope we do not consider the duties of a Club’s trustee more onerous that that of the
Prime Minister. The younger generation actually is much more active and intelligent
than many of us crossing that age limit!

I request you to kindly consider the above and initiate the necessary process to amend
the Club’s constitution to remove such conditions and not to conduct the Trustee election till
then as no major hurdles in management of the Club are expected in its absence.

B) Reasonableness of the Code of Conduct:
1) Time And again I had requested to remove the code viz. ‘Not to promise any
amendments to the Club’s Constitution and not to discuss any financial matters of
the Club’.
2) Mr. Karnik, the previous Election Offer had rightfully accepted my contention and the
same had to be dropped then. Mr. Khatavkar, election office for the last MC election
refused to apply his mind on the same and anyway replied to my objection only on
the last day of the election!
3) I fail to understand what are we trying to say by such Code of Conduct? Are we
trying to hide certain financial issues? Or we ourselves consider that our Club’s
Constitution is not right and that some candidates may expose it?

Kindly drop this Code of Conduct provision in the general interest of the club and for
the sake fairness of the entire election process. Instead of gagging up the candidates, it
actually fuels doubts on integrity and intentions of the management of the Club
unnecessarily!

I request you to kindly put this letter on the notice board of the Club for the benefit of
the Members and oblige.

Thanking you,

Yours sincerely,

Deepa Tidke
Life Member LT-1811

Copy to: The General Secretary, MIG Cricket Club
The Trustees of MIG Cricket Club

HAPPY HOLI!!!

WISHING YOU AND YOUR FAMILY A VERY HAPPY HOLI

The recent Mumbai Mirror (4th March) news on ‘MIGCC Gold mystery’ threw open a few
surprises.

I was really surprised when I saw many of our Members wondering “what’s the great fuzz for
only a gold biscuit or heatedly speculating the source of the news or why tarnish the MIGCC’s
image in public”

No one, yes not a single member I came across wondered as to why was it made a mystery?

The most disturbing fact was not the gold but the “muze kya karana hai? I just want to drink,
eat, dance and enjoy” attitude of the members.

Our MIGCC is not only for you to visit to enjoy but also for your sons, daughters and grand
children to also enjoy in future. It is your responsibility to ensure its unblemished continuance
with vigor and vigilance. Transparency in its management is the only solution and only you
can force it with your active participation. No law or authority can.

When will we wake up to our responsibility? It is very sad to see only 1,000 – 1,200 out of
4,000+ members come to vote; many of them obediently following the ‘panels’! An ideal
situation would need persuasion to be on the Managing Committee or the Board of Trustees.

Okay, we are not in Utopia. But then at least let’s make an effort.

Let’s not speculate on the quantity or form of the gold or make a fun of the issue but let’s
realize why such mysteries happen. I salute Mumbai Mirror and its source for its bold news as it
may help wake up the members now.

MiG Adjourned AGM 2011

Email to: mig@migcricketclub.org




From:

Mrs. Deepa Tidke

8, Nandanvan, 4th Road, TPS-III,

Santacruz-East, Mumbai – 400 055

Date: 25th Feb., 2012

To,

The Chairman,

MIG Cricket Club,

Bandra – East, Mumbai



Dear Sir,



I request you to kindly place this letter and the proposed resolutions before the adjourned AGM scheduled on 11-3-2012.



1) Proposed Constitution Scrutiny Committee:

A discussion on constitution of a Constitution Scrutiny Committee took place in the last AGM as certain amendments to the Constitution of the Club as approved by the EGM were found to be not incorporated in the Constitution forwarded by the Managing Committee to the Board of Trustees for its ratification and was then so ratified. This amounts to blatant disregard to the wishes of the General Body and amounts to taking all the members for a ride



I propose that the Committee be formed with specific reference to fix responsibilities on part of the concerned members of the Managing Committee who had prepared the Constitution for ratification and that such members be removed from any official position as they may be presently holding in the Club’s management as unfit to discharge their duties with diligence. Similarly, the members of the Board of Trustees who have approved and ratified the wrongly prepared constitution should be removed from the trusteeship as they have grossly failed in their duty. Further, the members who had any role in preparing the amended constitutional for its ratification should not be on the proposed committee.



Proposed Resolution: No. 1



“Resolved that a five member Constitution Scrutiny Committee be formed of the members excluding the members who had any part in preparing the amended constitution for its ratification, to identify the differences in and/or omission of the amendments as approved by the Extra-ordinary General meeting held on 7-2-2010 and the amendments as ratified by the Board of Trustees and to identify the names of the members responsible for preparing the amended constitution for its ratification and that the a report on the same be placed before the Managing Committee within a period of 30 days from the date of its constitution and the same be circulated amongst all the members of the Club”



2) Validity of the wrongly ratified Constitution:

Any difference, substantial or not, in the ratified and EGM approved amendments to the constitution has made the ratification invalid. Thus, the old constitution is now applicable. There is no concept of ratification of selective part of the amendments approved by the EGM. I proposed the following resolution be passed:

Proposed Resolution No. 2:

“Resolved that in view of the differences in the amendments to the Constitution as approved by the Extra-ordinary General meeting held on 7-2-2010 and the one ratified by the Board of Trustees, the said ratification is hereby confirmed to be null and void”

Please note that this is copy of the letter originally emailed to you today. A letter from Mr. Rohit Tidke (Life Membership No. LT-2514) confirming his seconding the aforesaid resolutions is emailed to you by him separately.

Thanking you,

Yours faithfully,

Deepa Jayant Tidke (LT-1811)

WISHING HAPPY MAKAR-SANKRANTI TO ALL THE MIGCC MEMBERS & FRIENDS

I appeal to you all to attend the adjourned AGM and contribute your views including on a few points below. Let’s have a frank and open discussion on them.



Recently I received a discount coupon from ‘Lifestyle’ promoted by our MIG CC under Mr. Ashish Patankar, Hon., Gen. Secretary’ signature. It’s good for the members. Such a direct marketing by our Club, however, is questionable unless benefits to the Club are transparent. Further, why addresses of the members are provided to the company without consent of the members? Strange that when I contested the MC election, many of the addresses and tel numbers of the members were wrong or old.



Wonder why bouncers were deployed for the New Year’s party? Is it that we do not have faith in our own young generation? The Club has sufficient security guards so why the additional cost was incurred?



Details of the Ordinary Memberships need to be clearly disclosed with the grounds for grant of such memberships as they are meant only for the people residing nearby and who cannot afford Life Membership fee.



Why the Life Memberships were granted to selective people without informing the members with a notice beforehand?



Instead of issuing all the time new memberships to raise amounts, I had suggested a scheme for buy-back of the memberships for its reissue. Say, pay Rs. 4,00,000 for the old Life Members and reissue the same at Rs. 8,00,000. Many members would be interested and also that the new members would be subject to scrutiny of the Management.



Looking at the latest news appeared in Mumbai Mirror, issued dated 3-1-2012, in the interest of the Club’s reputation, I suggest that let Mr. Gokhale resign from the Managing Committee and the matter be resolved. No comments on the other matter! What can I say?



In the last adjourned AGM held on 11-12-2012, it was accepted that the amendments to the Club’s constitution were not incorporated as was approved by the EGM and its minutes were also questioned. The Constitution as wrongly amended should be discarded ab-initio in toto and a fresh one to be put for approval. Such wrong amendments amounts to taking the members for granted!



Many members spoke to me about sole catering contractor for all the restaurants and banquet halls. They want some change and avoid such monopoly.



Looking forward to your active support and attendance for the adjourned AGM. I shall keep you posted of the time-date-venue of the same.



Deepa Tidke