PANAJI
The High Court of Bombay at Goa on Friday dismissed a petition filed by the Cycling Association of Goa and upheld the membership of 66 cyclists, allowing them to remain on the electoral roll and participate in the upcoming executive committee elections.
The Bench of Justice Neela Gokhale held that the association’s attempt to deny membership to the respondents appeared to be driven less by any violation of rules and more by an effort to restrict the electorate and keep administrative control concentrated in the hands of a few office-bearers.
“The only reason to deny membership to these Respondents seems to be to restrict the electorate,” the court observed in its judgment.
The dispute arose after several cycling enthusiasts, who had applied for membership and paid the prescribed fees, were allegedly kept out of the Association’s electoral process despite their applications having been accepted earlier. The matter had previously come before the High Court, which had directed the Registrar of Societies to determine whether their membership claims were valid.
The Registrar had ruled in favour of the cyclists, holding that they were valid members of the association. Challenging this order, the association argued that the memberships were granted unilaterally by its secretary without the approval of the executive council and were therefore invalid.
Rejecting this contention, the court noted the association’s own rules only required that a member be “active in the game of cycling” and pay the annual fee.
“As per the rules and regulations, the Respondents are active in the sport of cycling. They have paid the necessary membership fees, which have been accepted by the Association,” the court said.
The court further held that the cyclists could not be made to suffer because of internal disagreements within the association over the ratification of the memberships.
“The newly admitted members are not expected to know the internal issues of the Society. What was relevant to them was that their applications were accepted and their fees were realised by the Association,” it added.
In a pointed observation, the court referred to the minutes of an executive council meeting held earlier this month, where the treasurer had reportedly stated that admitting 63 new members would alter the composition of the Association.
“The Treasurer’s statement… clearly reveals the intent of the Executive Committee to concentrate administrative powers in the hands of a few persons,” the court noted.
With the petition dismissed, the court directed that the election process proceed and that the newly admitted members continue on the electoral roll.
“Respondent Nos. 3 to 68… shall also remain on the Association’s electoral roll and be entitled to participate in the election process,” the order said.
