Ombudsman rules in MCA Jt Secretary Shahalam Shaikh’s favour to continue

Shahalam Shaikh

In a major relief for Shahalam Shaikh, the ombudsman-cum-ethics officer of the Mumbai Cricket Association (MCA) on Wednesday put a stay on the Apex Council's decision that desisted him from exercising his "rights/duties/privileges" as joint secretary.

Taking a cue from MCA ombudsman Justice VK Tahliramani's judgment in Apex Council member Dr Unmesh Khanvilkar's case related to tenure and conflict of interest, the Apex Council decided to desist Shaikh from completing two consecutive terms like Khanvilkar, pending the ombudsman's order.

However, Shaikh approached the Bombay High Court and urged the MCA ombudsman to stay the decision till the final hearing. Shaikh's lawyer Nikita Jacob argued that the Apex Council "abrogated the powers of the ombudsman" by passing the decision and said that "hasty action" showed "mala fide" intentions of the Apex Council.

The Bombay High Court had given the liberty to Shaikh to approach the ombudsman for any relief that were available.

Justice Tahilramani in her order noted: "In my opinion, balance of convenience lies in the favour of the applicant [Shaikh], therefore, it would be in the interest of justice to grant stay to the impugned decision.

"It is made clear that applicant Shahalam Shaikh can exercise his rights/duties/privileges as joint secretary of the MCA during the pendency of the present application."