Yorkshire are embroiled in a legality dispute over the proposed reforms under chair Lord Patel

Yorkshire’s increasingly bitter civil war threatens to push the club past its ECB deadline for retaining international matches at Headingley this summer, with challengers to proposed reforms under Lord Patel contesting the legality of the entire process.

Members have been asked to vote on several agenda motions at a twice re-scheduled EGM on March 31, including the rubber-stamping of Patel as chair and other governance demands made by the governing body last November in the wake of the Azeem Rafiq racism scandal.

However, an email sent to Patel by his predecessor Robin Smith and seen by the Mail On Sunday – which was also copied to ECB acting chair Barry O’Brien and chief executive Tom Harrison – casts doubt on the validity of such decisions on that deadline date even if the necessary voting majority is reached.

Yorkshire’s civil war threatens to push the club past its ECB deadline for retaining international matches at Headingley this summer

Members have been asked to vote on several motions, including the rubber-stamping of Lord Patel as chair

Smith says the only way Patel should be permitted to become Yorkshire chairman is by complying with the rules of the club and putting his name forward for election, and that calling a members’ meeting exclusively by electronic correspondence when a board is not in place contravenes the constitution.

‘Please do not conclude, even less state publicly, that these problems are the concern of a tiny minority of trouble-makers,’ Smith, chair of Yorkshire between 2018-2020, wrote.

‘On the contrary, they are shared by a large number of members, many of whom have telephoned me over the last few weeks to express their outrage at the ECB threat and their support for those of us who are insisting that the club and the ECB act in accordance with its rules and the law.

‘Let me tell you, too, that there is deep, widespread concern throughout Yorkshire cricket at your actions to date, particularly at the summary sacking of 16 loyal and blameless people, who are now wrongly seen as tainted with racism and are unemployable in their chosen careers.

However, an email sent to Patel by his predecessor Robin Smith (centre) casts doubt on the validity of such decisions on that deadline date

‘Countless Yorkshire members do not wish to be associated with this unjustified and brutal episode.

‘As to the ECB’s threat to suspend Test matches, this was issued under unlawful DCMS pressure and is of questionable legal validity. More information is needed.

‘Members need to know what contractual and other obligations owed by the ECB to Yorkshire, under the County Partnership Agreement and generally, would be breached if the threat were carried out.

‘Also, they are entitled to be told the extent of the compensation due to the club from the ECB as a consequence of the implementation of its unlawful threat.’

The email was also copied to ECB acting chair Barry O’Brien and CEO Tom Harrison (front)

Earlier this week, in an email to members, acting chief executive Paul Hudson urged the ratifying of his position and that of Patel to ‘end the potential paralysis of the board.’ Adding that financial stability of a club £20million in debt would follow.

Hudson wrote: ‘Many of our sponsors who had paused their relationship with us during the crisis last year, are lining up to return together with some completely new sponsors who have approached us.

‘Obviously, from the sponsors’ perspective, their return and the levels of sponsorship are going to be dependent upon the return of international cricket to Headingley.’

However, Smith hit back when he told Patel: ‘Consent procured by wrongful duress is legally null and void, as will quickly become apparent should you persevere with your proposals.

‘Let me make it clear that I, for one, cannot rest until I know that the club is being managed lawfully in accordance with its rules.

‘I can see ahead only continuing strife, including resort to the courts, unless an agreed course can be found which respects the law, the club’s rules and its traditions of excellence, and is a way which treats Yorkshire equally with other first-class counties.’

Other governance demands were made in the wake of the Azeem Rafiq racism scandal

In his pleas for greater transparency, Smith asked Patel to reveal how much he was receiving in a salary and why eight independent directors would be better placed to serve on a new-look board than members.

He added of such radical proposed changes: ‘Perhaps most important of all, a board comprising a majority of non-members will not understand the pride and passion which have always distinguished Yorkshire cricket, nor the club’s role at the pinnacle of more than 800 registered Yorkshire cricket clubs.

‘Your proposals transfer enduring control of the club to outsiders. This cannot be right in principle since it is of the essence of a members’ club that its members should be in democratic control.

‘Indeed, this principle is at the heart of the Financial Conduct Authority’s (FCA) Guidance Code for co-operative societies (the club is a co-operative society in law). This will result in your rule changes being rejected for registration by the FCA. Rule changes which fail to be registered never become effective.’

Yorkshire were hit by multiple ECB sanctions after being adjudged to have mishandled Rafiq’s accusations of racism

Yorkshire were hit by multiple ECB sanctions after being adjudged to have mishandled Rafiq’s accusations of racism and bullying during two spells as a player at Headingley.

Rafiq had seven of 43 accusations upheld by an independent investigation last year and later accepted a £200,000 settlement from Patel after failing to resolve his legal dispute with the club through judicial mediation.

Yorkshire are also expected to have to fork out a seven-figure fee to compensate their former executive while they face the prospect of paying out another couple of million in wrongful dismissal claims.

Four of the 16 sacked last December, including former head coach Andrew Gale, have a preliminary hearing in their cases against the club set for May 6 while Leeds Employment Tribunal will also decide whether to accept two other cases this week.