LAWS(BOM)-2019-9-212

MAHARASHTRA CHESS ASSOCIATION Vs. UNION OF INDIA

Decided On September 25, 2019
Maharashtra Chess Association Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The above Writ Petition has been filed for direction to be issued to the Respondent No. 2 - Federation to withdraw and/or recall Show Cause Notice dated 12th September, 2016 issued by the Respondent No. 2, challenging the letter dated 5th January, 2017 and impugning the Resolutions dated 25th December, 2016 and 31st March, 2017 passed by the Central Council of the Respondent No. 2- Federation. The second substantive relief which is sought is direction against the Respondent no.2 - Federation to reaffiliate the Petitioner's Association as the State Association for the State of Maharashtra and to disaffiliate the Respondent No. 3- Association. Hence the epitome of the challenge is disaffiliation of the Petitioner's Association by the Respondent No.2 and the affiliation granted to Respondent No.3.

(2.) On behalf of the Respondent No. 2 - Federation preliminary objection is raised by the Learned Senior Counsel Mr. Dani as regards the maintainability of the above Writ Petition in this Court on the ground of jurisdiction. The Learned Senior Counsel would place reliance on Clause 21 of the Constitution and Bye Laws of the Respondent No.2. The said Clause reads thus :-

(3.) We therefore find substance in the preliminary objection raised by the Learned Senior Counsel on behalf of the Respondent No.2 as regards our territorial jurisdiction to entertain the above Writ Petition.