PANAJI
The High Court of Bombay at Goa has struck down the decision to curtail the tenure of the Goa Chess Association’s Executive Committee, ruling that its four-year term began only when the panel took charge in July 2023.
The Court, while allowing the writ petition filed by the association against the District Registrar and Inspector General of Societies (South Goa), and another, found that there was no material to show that the 2021 committee had assumed charge. The Bench of Justice S G Chapalgaonkar held that the association’s Constitution and Rules do not prescribe any separate electoral cycle for calculating the committee’s tenure.
“The cumulative reading of aforesaid Clauses of Constitution and Rules and Regulations of Association suggest that election cycle as such is not prescribed either under Constitution or Rules and Regulations of Association,” the Court observed. It said the provisions make it clear that the committee takes charge after the election and continues for four years.
The Court further noted that although elections were held on August 10, 2021, there was nothing on record to show that the committee elected then had actually assumed charge. The election was challenged before the Ethics Commission of the All India Chess Federation, which set it aside in October 2021. The matter subsequently reached the Delhi High Court.
Justice Chapalgaonkar also relied on the fact that one of the two respondents had told the Delhi High Court on oath that the committee elected in 2021 had never taken charge.
The Court recorded that the association’s fresh election took place in 2023, and the Executive Committee began functioning on July 23, 2023. “Term of Committee of the Management starts from date it takes charge of Association and would continue to hold office for period of four years,” it ruled, holding that the four-year term must therefore be reckoned from July 2023.
