Hawks’ South division rivals Dorking claim National League’s decision to null and void their season is ‘unlawful’

Dorking Wanderers have deployed a 'top QC' to investigate the matter and have made representations to both the league and the FA.

Chairman/manager Marc White claims the scrapping of the season was wrong on three parts.

He says that resolution one of the National League's voting system to decide the outcome of the season - where clubs were asked whether they wanted to make a choice on the fate of their own steps - was 'unlawful'.

What's more, in the representation advice White received he insisted a null and void verdict 'could only be done by means of a special resolution itself, as it's an adjustment and change to the rules of the league'.

He added the sixth tier seasons could not be deemed null and void until the decision has been ratified by the FA, so should still be continuing.

Dorking, along with Hawks, were two of 18 clubs to put their names to a letter to National League general manager Mark Ives calling for teams who wanted to continue the season to be able to do so and both South and North divisions to be reinstated.

White - whose club topped the South division when it was null and voided a week ago - said: 'We deployed a top QC and we have made representations to the National League and the FA as to why we believe that a significant amount of the process was unlawful.

‘There’s no real way of dressing it up. I think we need to be fair to the National League and give them time to respond.

‘But as headline points - this is the opinion of our QC - the resolution one was unlawful in as much as the fact they were written resolutions meant that voting couldn’t be as per the constitutional layout, it had to be a vote per team.

‘Taking the assumption that’s correct, obviously we’ve sought the top advice we can, then that flaws the remainder of the resolutions anyway.

'Secondly, in the unlikely event that resolution one was correct, the representation advice that we’ve been given is that the null and voiding of the divisions or the step could only be done by means as a special resolution itself as it’s an adjustment and change to the rules of the league.

‘Therefore, that would need to be laid out as a special resolution with a 75 per cent majority rather than put as an ordinary resolution at 50 per cent.

‘Again, the advice is - I think it was 56 per cent that voted for the season to stop - the clear advice we’ve got is that it’s a rule change as denoted by the fact it requires FA approval. And, as such, that requires a special resolution as per the articles and rules of the National League, so that would be flawed as well upon the advice we’ve been given.

‘Thirdly, as per article 26.5 and rule 19 of the National League, a null and void cannot be declared unless it has been ratified. That’s one of the biggest things that we’re looking it.

‘It’s dangerous for all clubs our position, it’s important to say it’s not just Dorking Wanderers, yes we’ve been vocal and doing our best to protect our business, but this is supported by the majority of the remain clubs.'

Another National League South club, Eastbourne Borough, were one of the 12-9 majority in the South who voted in favour of continuing the season.

Borough chairman David Blackmore believes the voting resolution 'wasn't constitutional' and therefore the season should not have been deemed null and void.

He said: 'From our perspective, when we very first looked at the vote, the National League voted with 56 and a half per cent to carry on. The National League South actually voted with 57 per cent to carry on so we voted even more in favour.

‘Overall, if you were to vote with their constitution and rules, the vote was 54.6 per cent to carry on.

‘I think the main crux of our argument to carry is that the resolutions that followed resolution one - even though we feel resolution one itself wasn’t correct - were wrong in themselves because they should have been special resolutions needing a 75 per cent vote to pass.

'That’s the position that we’re in, we actually feel the vote wasn’t constitutional and, as such, our season isn’t declared null and void.

‘They can’t declare the season null and void until the FA ratify that decision and the decision hasn’t yet been ratified.'

Though many sixth tier clubs have no doubt furloughed their playing squads, another of Hawks’ rivals, Hemel Hempstead, are still training.

Boss Lee Bircham has said his chairman has told him the season could yet restart following a massive U-turn.

‘To pull the plug on something when there are so many options available is strange,’ he admitted.

‘It’s not been done because of safety, it’s all to do with money and it just leaves an empty void.

‘There are more important things happening in the world than sport, I know that. But it still doesn’t take away from the fact that you have worked hard for these six months for nothing.

‘Did it really need to end? I am struggling with why we had to get to this point.

‘Even though we are mid-table and have no real ambitions of going up this season, it still hurts from a sporting aspect because we are facing months until the next pre-season.

‘But, as far as I know, it’s not over yet so we are still continuing with training until we have a definitive answer.

‘It’s tough because, as a manager, you still have to motivate your players and you have to keep them going.

‘I think it will become a bit clearer in the next week what’s going on but we have been told and the chairman has told us that it’s not over yet and to keep doing what we are doing.’