HC refuses to interfere in decision removing Kiran Powar from MCA Apex Council

Kiran is the brother of Ramesh Powar, a former India spinner and current coach of Indian women’s cricket team.

Justice S V Gangapurwala and Justice R N Laddha passed the order on November 25.

A person named Deepan Sunderlal Mistry had filed a complaint with the MCA ethics officer alleging that Kiran was guilty of “conflict of interest” as per MCA constitution. Mistry had alleged that after Kiran was appointed as member of MCA Apex Council, his brother Ramesh was appointed as coach of the Mumbai senior men’s cricket team. He also claimed that Kiran was a cricket coach at Goregaon Sports Club while he was in the Apex Council and the same was not allowed as per MCA rules.

Retired HC judge V K Tahilramani, the ethics officer, allowed the complaint, prompting Kiran to approach HC.

Advocates Sneha Phene, Garima Mehrotra and.Khushi Sharma, appearing for Kiran, told HC that there was no conflict of interest. Advocates A S Khandeparkar and Vikas Warerkar, appearing for MCA, said that the impugned order was well within the powers vested in ethics officer under Rule 39(3) of the MCA constitution.

The HC noted that selection and appointment of head coach of each Mumbai team has to be reported to the Apex Council, of which Kiran was a member at a time when his brother Ramesh was appointed as head coach. It added that Kiran “did not declare his conflict of interest and became the Apex Council member and did not maintain the transparency”.

The HC further said that “being an Apex Council member, a person would be in an influential position in matters of selection and therefore, it cannot be said that the Ethics Officer’s decision was perverse for HC to interfere”.