R K SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This matter pertains to elections of the office bearers of All India Chess Federation (hereinafter referred to as Federation, for shot). This Federation is a society registered under the Societies Registration Act and is governed by the bye-laws and the rules framed by the Federation. The supreme authority of the Federation is the general body whose power include the power to elect office bearers of the Federation. The Annual General Meeting (hereinafter referred to as AGM, for short) of the Federation is to be held every year but not later than 31st September of that year and in this AGM office bearers are also elected. The term of office bearers elected in the AGM is four years. For the purpose of holding the AGM the Secretary has to give a minimum notice of three weeks to all the Members. This Federation has many affiliated units. Rule 14 of the Rules framed by the Federation provides that the affiliated units may nominate, 14 clear days before the date of AGM for election to the Council, names for the post of President, Vice-Presidents (6 nos.), Hony. Secretary, Hony. Joint Secretaries (6 nos.) and Hony. Treasurer. As per Rule 15, nominations received by Hony.Secretary shall be circulated to the Associations, and to every persons entitled to receive them, seven clear days before the date of AGM.

(2.) On 3rd August, 2001 the then Hony. Secretary of the Federation circulated a notice no. 130/2001 to confirm minutes of last AGM held on 20th September, 2000. Item no. 15 of the agenda was to elect the office bearers for the year 2001-2005. Nominations which were received pursuant to this notice were circulated by the Secretary to all State Associations/affiliated units vide letter dated 20th August, 2001. The petitioner was a candidate for the post of President of the Federation. The AGM was held on 1st September, 2001. However, in the said meeting disputes arose as to who were the persons eligible to vote on behalf of the State Associations/affiliated units because two sets of nominations had come from various State Associations. Although the case of the petitioner is that some persons walked out and permanent Members continued with the AGM and elections were held in which the petitioner was elected as the President. It is not necessary to go into this aspect of the matter as it is not disputed that ultimately meeting held on/1st September, 20201 was treated as terminated. Even the petitioner has proceeded with the case on this premise that AGM could not be held on 1st September, 2001.

(3.) When the so called elected office bearers were not allowed to function, the newly elected hony. Secretary filed a suit seeking permanent and mandatory injunction before Civil Judge, Delhi vide Order dated 1st October, 2001. Interim application filed in the said suit under Order XXXIX Rule 1 and 3 of the Code of Civil Procedure was dismissed holding that the plaintiffs had not been able to show any prima facie case in their favour. In the meantime, Andhra Pradesh Chess Association had filed a writ petition in Kerala High Court seeking to get the AGM of the Federation held expeditiously and the High Court passed Order in that writ petition, on the basis of consent of the parties to hold AGM on 13th October, 2001 and elect the office bearers. I shall refer to the orders passed by Civil Judge, Delhi and Kerala High Court in detail at the appropriate place.