CHESS ASSOCIATION OF KERALA REPRESENTED BY ITS GENERAL SECRETARY Vs. KERALA STATE SPORTS COUNCIL REPRESENTED BY ITS SECRETARY KERALA

JUDGEMENT

(1.) The petitioner is the Chess Association of the State, which was before this Court contending that they were informed through a press release that their recognition was suspended by the 1st respondent. On appearance, the 1st respondent produced the order across the bar and also handed it over to the petitioner, which is now challenged as Ext.P13.

(2.) The issue essentially is between the petitioner and the 2nd respondent, who is the District Chess Association for Ernakulam, who was affiliated to the petitioner. There were factional feuds in the District Association at Ernakulam, which led to the 2nd respondent being disaffiliated by the petitioner. The 2nd respondent was before this Court against the disaffiliation in W.P.(C) No.39743/2016. Ext.P6 is the judgment passed, wherein the 2nd respondent was directed to avail the alternate remedies to challenge the disaffiliation. However, this Court also directed the Sports Council to appoint an observer to oversee the election of the District Association scheduled on 18.12.2016. This Court clearly found that the District Association cannot challenge the by-laws framed for the State Association in a writ petition and could either avail the remedy before the Civil Court or the Authorities under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955 (' TC Act' for short), under which both the State and District Associations were registered.

(3.) The District Association, admittedly, did not take up any remedy so reserved, but approached the Sports Council with a representation making allegations against the State Association and sought for a consideration of the cancellation of the disaffiliation effected by the State Association. In the said writ petition, by Ext.R1(a), there was a direction to the State Council to consider the same. Pursuant to that, Ext.P7 notice was issued to the petitioner, wherein a Sub Committee was constituted to mediate the issue between the State Association and the District Association. The mediation was scheduled on 30.06.2017.