MAHARASHTRA CHESS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal raises the issue of whether a private agreement entered into between the Appellant and the second Respondent in the form of the Constitution and Bye Laws of the latter can, by conferring exclusive jurisdiction on the courts at Chennai, oust the writ jurisdiction of the Bombay High Court under Article 226 of the Constitution.

(2.) Clause 21 of the Constitution and Bye Laws of the second Respondent is as follows:

(3.) The second Respondent, the All India Chess Federation is a society registered under the Societies Registration Act 1860, ("The Act of 1860") . It is a central governing authority for chess in India. The Appellant is a society registered under the Act of 1860 and was an affiliated member of the second Respondent since 1978. On 25 December 2016, the Central Council of the second Respondent passed a resolution to disaffiliate the Appellant. After the institution of the writ proceedings, the third Respondent has been affiliated by the second Respondent in place of the Appellant.