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Judgment
Bechu Kurian Thomas, J.
The Chess Association of Kerala (for short ‘the Association'), the petitioner in W.P.(C) No.25931 of 2024 and W.P.(C) No.24171 of 2022, is the only body in Kerala, relating to the sport of Chess, which is affiliated to the All India Chess Federation (for short ‘AICF’). Pursuant to complaints, the recognition of the Association was suspended in the year 2017 by the Kerala State Sports Council (for short ‘the Council’). The said order of suspension was the subject of challenge before this Court earlier. The said challenge was ultimately disposed of on 17.01.2018 directing the Council to conclude the proceedings. Subsequently, by an order dated 10.07.2024, the recognition of the petitioner with the Council was cancelled, which is challenged in W.P.(C) No.25931 of 2024. While the order of suspension of the Association was in force, the Council directed to constitute a Technical Committee to conduct Chess tournaments, which decision was communicated to AICF. The said communication is challenged in W.P.(C) No.24171 of 2022. However, AICF refused to accord approval to the decision of the Council to constitute the Technical Committee, which is questioned in W.P.(C) No. 3275 of 2024.
Since the issues involved in these three writ petitions are interconnected, they are disposed of by this common judgment with W.P.(C) No.25931 of 2024, treated as the leading case. Wherever the term ‘petitioner’ is used, it shall be with reference to the 'Association'. The exhibits referred to in this judgment are primarily those mentioned in the above referred writ petition. If any exhibit in any of the other cases is required to be referred to, the same shall be specifically mentioned.
The case has a chequered history, which is narrated below in brief. A dispute arose in connection with the Chess Association of Ernakulam - a District Body, resulting in the petitioner, which is the State Body, disaffiliating the said District Body and appointing a new District Association. While so, a public interest litigation was filed by Sri. N.R Anilkumar and five others as W.P.(C) No. 19792 of 2017, raising allegations against the Association. The Court directed the Council to file an affidavit as to the steps proposed to be initiated by it to rectify the situation. The Council thereafter constituted a Sub Committee and based on the said committee's preliminary enquiry, the Council suspended the recognition of the State Association. Petitioner alleges that the suspension was made without notice and they came to know about it only from the newspapers. The order suspending the recognition of the petitioner was challenged before this Court in W.P.(C) No.36083 of 2017 and a learned single Judge had, by judgment dated 16.11.2017, set aside the order of suspension and directed copy of the complaints received by the Council from the District Association to be supplied to the petitioner, who was given an opportunity to file an objection. The Council was thereafter, directed to carry out an enquiry and conclude the proceedings. A stranger to the said writ petition preferred an appeal as W.A.No.11 of 2018 and a Division Bench, by judgment dated 17.01.2018, set aside the judgment of the learned single Judge and directed the Council to conclude the proceedings initiated against the Association, after giving notice to the parties.
The aforementioned judgment of the Division Bench was stayed by the Supreme Court on 13.04.2018. In the meantime, fresh elections were conducted to the Association and since a new Committee had taken charge, the Supreme Court disposed of S.L.P. No.8663 of 2018, permitting the petitioner to file an application for review or modification of the impugned judgment of the Division Bench, pointing out the subsequent developments. Though subsequently, a clarification/modification petition was filed by the Association before the Division Bench, it was closed by an order dated 20.09.2023, stating that the said petition is beyond the scope of the permission granted by the Supreme Court. Thus, as matters so stood, the Division Bench had, in the judgment dated 17.01.2018 in W.A. No.11 of 2018, without interfering with the order of suspension, directed the proceedings initiated against the Association be completed within three months.
Thereafter, while the proceedings were pending, the Council issued a communication dated 24.06.2022, constituting a Technical Committee to conduct competitions in Chess and also to conduct elections to the Association, within a period of six months. The said decision of the Council was intimated to the AICF, which is challenged in W.P.(C) No.24171 of 2022.
The Chairman of the aforenoted Technical Committee, has preferred W.P.(C) No.3275 of 2024, challenging the decision of AICF rejecting the request of the Council to entrust the affairs of the Association to the Technical Committee. In the said decision, AICF directed the Association itself to look after the affairs of Chess in the State.
As is evident from the conspectus of facts pleaded in the three writ petitions, the proceedings initiated by the Council, initially resulted in an order of suspension, followed by the appointment of a Technical Committee, which later resulted in Ext.P39 order dated 10.07.2024, cancelling the recognition of the Association. For a better comprehension, the gist of challenges in the three writ petitions are separately mentioned below :
(1). In W.P.(C) No.24171 of 2022, the Association challenges the communication issued by the Council to the AICF, intimating the constitution of a Technical Committee to oversee Chess competitions in the State of Kerala.
(2). In W.P.(C) No.3275 of 2024, the head of the Technical Committee constituted by the Council has challenged the order of the AICF, refusing to accord approval to the Technical Committee and instead directing the Chess Association of Kerala to manage the affairs of chess in the State.
(3). In W.P.(C) No.25931 of 2024, the Association challenges the order dated 10.07.2024, cancelling the recognition of the Association with the Council.
Counter affidavits have been filed by the respective parties in all the writ petitions. A detailed narration of the averments in all the counter affidavits are avoided except for the important pleadings in W.P.(C) No.25931/2024. The Council has pleaded while questioning the maintainability of the writ petition, that there is no violation of the principles of natural justice as the impugned order was issued after notice. It is also pleaded that several complaints were received by the Council about corruption, nepotism, mismanagement and factional fights in the petitioner organization and hence a Sub Committee was constituted to enquire into the affairs. The said Sub Committee issued notice to all parties and heard them on 13.06.2017 and recommended to the Administrative Board that there was violation of the statutory provisions and thereafter the order of suspension dated 31.10.2017 was issued subject to a further detailed enquiry. It is stated that the suspension order is issued to give a chance to the erring organization to correct its mistakes, due to which a prior hearing was not given before the suspension order. After the Division Bench directed to complete the enquiry, notice of hearing was issued to the parties including the Association, but none appeared. It is also stated that though on 22.06.2022 it was decided to constitute a committee to monitor the affairs of the Association, it was not done as it was expected that the issues would be settled amicably. However, since there was no amicable settlement, the Standing Committee of the Council on 31.05.2023, decided to constitute a Technical Committee as a temporary arrangement to select the teams at various levels and to protect the players. It is also stated that the Technical Committee will be terminated when the Association begins to function normally. The Council has further averred that Sri. Rajesh R. was the Secretary of the Association during the period in which the complaints were filed against the Association and though the present Secretary informed that he will participate in the hearing, since there were specific allegations against Sri. Rajesh, notice was issued to him to appear, but he did not turn up. It is also stated that the failure of Sri. Rajesh to appear for hearing itself is a ground to withdraw the recognition of the Association. It is also pleaded that the first respondent had not sent any observer for the elections to the Association and hence the present Committee is not approved by the Council.
Separate counter affidavits have been filed by Sri. N.R Anilkumar and by the chambers of the Technical Committee, both questioning the maintainability of the writ petitions. It has been pleaded by them that various illegalities have been committed by Sri. Rajesh, as Secretary, during 2016 to 2021 and, as President, during 2021 to 2025, including overlooking players who were selected in the previous years for tournaments, allotting tournaments and grants to the academy run by him, not sending a State team for the Nationals, disaffiliated associations to remove those opposing him, mandatory provision of the Act not complied with, etc.
AICF in its counter affidavit stated that the Association is affiliated with the National Federation and the country has made remarkable achievements in the field of Chess with Kerala also contributing admirably. It is stated that tournaments in Chess can be organized only by bodies affiliated to AICF, who in turn are affiliated to the World Chess Federation. It is also stated that AICF has to ensure that tournaments are conducted at all levels in a manner that the most meritorious participate in the events. This is carried out through affiliated State Associations, who guarantee the conduct of tournaments strictly in accordance with the rules framed by the International Chess Federation (FIDE) and only when it functions in the above manner can AICF claim before FIDE that selection for participation in International events were done properly.
The AICF also pleaded that, to examine the allegations against the Association, a high level committee headed by Sri. A.Narasimha Reddy, Vice President of the Federation and Chairman, Bar Council of Andhra and Telangana was constituted, with Air Commodore Sri. Rajendra VSM (Chief Personal Staff Officer Security and Vigilance Headquarters Training Command), Sri.R.M. Dongre, President FIDE Asian Zone, Adv. B. Murugavel, Vice President, TNSCA and Sri. Bharath Singh Chowhan, the then Hon. Secretary of All India Chess Federation as other committee members. After a detailed enquiry it was concluded that the complaint was bereft of merits and were manufactured, with intent to harass the Association and its office bearers, more particularly Sri. R.Rajesh. AICF stated that the report of the Committee remains unchallenged. Still, the Council, had, without any regard, approached the issue in partisan manner, which was reflected in all subsequent steps taken by it. Referring to the provisions of the statute, it was stated that, the Council does not have any power to form a Technical Committee or any other committee for conducting tournaments and on the other hand the Council has to directly hold District and State Level competitions in consultation with the Central Federation and not through any Technical Committee.
Sri. Dinesh R. Shenoy, the learned counsel for the petitioner Association, contended that the impugned order cancelling the recognition of the Association is in violation of the principles of natural justice, as the copies of the complaints were never given to the Association, who were never even heard. It was also contended that the allegations against the Association are unjustified and not substantiated by any material.
As regards the contention in W.P.(C) No.24171 of 2022 is concerned, Sri.Dinesh R.Shenoy, submitted that the Technical Committee could not have been appointed without consulting AICF as per section 31A of the Kerala Sports Act, 2000 (for short ‘the Act’) and therefore the unilateral decision of the Council to appoint the Technical Committee is illegal, contrary to the Act and is liable to be interfered with.
Sri. Thomas Abraham, the learned counsel appearing for AICF submitted that, AICF had conducted a detailed enquiry into the allegations raised by Sri. N.R.Anilkumar and others, after granting opportunities for oral depositions, that too, by a committee appointed for that purpose headed by the Chairman of the Bar Council of Andhra Pradesh. According to the learned counsel, despite such opportunities being provided, the complainants neither pointed out any complaint of substance nor produced any material to substantiate their allegations. It was also submitted that the six complainants, who had purportedly supported Sri. N.R.Anilkumar, had not even come forward to give any oral evidence and instead, merely adopted the complaint of Sri. N.R. Anilkumar. According to Adv. Thomas Abraham, the All India Chess Federation, which is the supreme body as far as the sport of Chess in the country is concerned, had rejected all the allegations against the Association and did not even accord its approval for formation of the Technical Committee.
Per contra, Sri. P. Sanjay, the learned counsel for the fourth respondent submitted that the Association had been manipulating its affairs for the last several years. It was submitted that various illegalities committed by the Association were brought to the notice of the Council, which considered the entire aspects and cancelled the recognition of the Association, which order is justified under law. It was also submitted that the Technical Committee appointed by the Council comprises of internationally rated Chess players and they have conducted selection tournaments across all the districts. It was also submitted that the plight of the participants in various tournaments have been brought to the notice of the Council, all of which pointed to the illegalities committed by the Association all along.
Smt. Latha Anand and Sri. P.C. Sasidharan, the learned Standing Counsel for the first and second respondent respectively submitted that innumerable complaints had been raised against the Association and primarily against Sri. Rajesh, who was the Secretary of the Association. The Council had, after deliberating with the Sub-Committee formed by them, came to the conclusion that the Association's recognition is required to be cancelled and therefore there is no illegality in the impugned order. It was also submitted that the word consultation with the Central Federation does not mean concurrence or approval and the said central body has no power of veto over the decision of the Council. It was also submitted that AICF was bound to respect the decision of the statutory authority like the Council and hence the impugned order of the Council ought not to be interfered with while the decision of AICF, refusing to accord approval to the Technical Committee and impugned in W.P.(C) No.3275 of 2024, must be set aside.
On a consideration of the above referred rival contentions, the main questions that emerge are;
Whether the cancellation of the recognition of the Chess Association of Kerala as per Ext.P39, is proper?
Whether the appointment of the Technical Committee is legally valid?
Whether the decision of AICF refusing to accord approval to the Technical Committee and instead directing the Chess Association of Kerala to conduct the tournaments, is valid? and
Whether any consequential orders are to be issued?
Issue No. (i). Whether the cancellation of the recognition of the Chess Association of Kerala as per Ext.P39, is proper?
After the Association was suspended by order dated 31.10.2017, the learned Single Judge had, in W.P.(C) No.36083 of 2017, set aside the said suspension and directed the Council to conduct an enquiry. It was specifically stipulated that the complaints received by the Council against the Association, shall be supplied to the petitioner within a period of one week, who shall thereafter file an objection. The enquiry to be conducted by the Council was directed to be carried out only thereafter. In W.A. No.11 of 2018, (Ext.P4), the Division Bench considered the question under Section 31A of the Act, regarding suspension of recognition of sports organizations and held that the Council can suspend the recognition of that organization as an interim measure. Relying upon the said provision, the Division Bench also observed that the principles of natural justice are not excluded and are to be complied with when any statutory power is exercised and a prejudicial action is ordered. However, such principles, including issuance of notice, opportunity to file a reply, affording an opportunity of hearing, etc. arises when steps are taken by the Council for withdrawal of recognition and the same may not have any application as and when an interim measure regarding suspension of recognition pending a complete and comprehensive enquiry for withdrawal of recognition is in process. It was further observed that the principles of natural justice are embedded in the section only when a comprehensive enquiry is conducted and suspension or withdrawal of recognition is ordered by the Council as a final order. Thus, on a reading of the judgment in Ext.P4, it is explicit that the Division Bench did not interfere with the order of suspension not because the principles of natural justice were not required to be adhered to, but only since the Court felt that, at the stage of imposing an order of suspension as an interim measure, such strict adherence to principles of natural justice was not warranted in the circumstances of the case.
In this context, it is appropriate to note from Ext.P8 that the Association had specifically sought for a copy of the complaint as well as the documents, which were no doubt essential, for submitting a proper reply. When a hearing was scheduled by a notice dated 06.04.2018, the Association sought an adjournment by two weeks from the ‘date on which copies of all the documents and complaint are provided to them’. Curiously, though in Ext.P9 reply to Ext.P8, it is stated that the documents sought for are being enclosed, the enclosure did not contain the copy of any of the complaints or any of the documents relied upon in such complaints. In the counter affidavit, the Council has not stated that they had handed over copies of the complaints or the documents relied upon by them. When the specific contention raised in the writ petition was that the principles of natural justice had not been complied with, before cancelling the recognition, and as there is no contra material produced to show that copy of the complaints or the documents were ever handed over, this Court is of the view that the impugned order Ext.P39 is clearly issued in violation of the principles of natural justice. Further, there is also no material to indicate that the Council had ever served the Association with any show cause notice or calling upon it to answer an allegation.
The contention of the respondents that the Association would have been aware of the nature of the complaints from the earlier petitions filed before this Court, cannot be termed as, being in compliance with the principles of natural justice. Non disclosure of the material to the affected party, is fatal to the whole adjudicatory proceedings. One of the fundamental principles of the right of natural justice is that an adjudicatory body ought not to base its decision on any material, unless the person against whom it is sought to be utilized has been appraised of it and given an opportunity to comment or explain the same. In Union of India v. T.R Varma [AIR 1957 SC 882] a Constitution Bench of the Supreme Court observed that:
“..........Stating it broadly and without intending it to be exhaustive, it may be observed that rules of natural justice require that a party should have the opportunity of adducing all relevant evidence on which he relies, that the evidence of the opponent should be taken in his presence, and that he should be given the opportunity of cross examining the witnesses examined by that party, and that no materials should be relied on against him without his being given an opportunity of explaining them.........”
Apart from the above, it is also pertinent to mention that the Association had sought for an opportunity of hearing before the Council. Again, curiously, the Council had, as is evident from the impugned order Ext.P39, rejected the request for a personal hearing stating that “though all others, other than Sri. Rajesh had appeared for hearing and had submitted their documents, Sri.Rajesh did not appear and instead the present Secretary of the Association who sought permission to appear cannot be permitted as his application had already been rejected. Thereafter another opportunity was granted to Sri. Rajesh to appear on 09.04.2024. Despite such an opportunity granted to him, he has not appeared.” The above observations in Ext.P39 are factually incorrect, as is evident from Ext.P36 notice dated 27.03.2024, which is referred to as serial No.3 in Ext.P39. As per the above notice, Sri.Rajesh was informed that he had not appeared for hearing despite granting an opportunity and therefore he was being granted one more last opportunity. But there is no material to indicate that the request of the Secretary of the Association to appear on behalf of the Association, was ever rejected as stated in Ext.P39. Further, the reason stated in Ext.P39 is that the Association failed to provide necessary materials when sought for by the Council and Sri.Rajesh committed default in appearing before the Council for hearing and on that basis the inquiry proceedings initiated by the Council was brought to an end.
The procedure adopted by the Council, as referred to above, cannot be countenanced for more reasons than one. Sri. Rajesh may be one of the persons against whom allegations have been made. However, the proceedings are initiated against the Association and therefore the Association is entitled to be heard. The request of the present Secretary of the Association for granting him an opportunity of hearing is not seen rejected, except by a reference in the impugned order. There is no material to indicate that the Secretary of the Association was ever informed of any decision to reject his request to be heard. Further, no valid reason exists to even deny the Secretary of the Association an opportunity of hearing. Moreover, the complaint, it appears, is against the activities of Sri. Rajesh in his capacity as Secretary of the Association, and therefore, the Association is entitled to be heard. Thus the procedure adopted by the Council to deny an opportunity of hearing is in violation of the principles of natural justice and perverse.
Apart from the above, in the impugned order, the Council has come to the conclusion that the complaints filed against the Association are maintainable and based on a note submitted on 02.07.2024 to the Standing Committee, the Council has entered into a finding that the Association had committed irregularities in its functioning, as specified in section 31A(1),(b),(d),(e),(f) and (h) and therefore cancelled the recognition in exercise of the powers under section 31A(2) of the Act. For the purpose of easier comprehension, section 31A of the Act is extracted below:
“31A. Withdrawal or suspension of recognition of Sports Organizations.-
(1)The State Sports Council may, if any of the following irregularities are found out in the activities of a recognized Sports Organization, until a complete and comprehensive enquiry is made, suspend the recognition of that Sports Organization, as an interim measure namely:--
(a)if the Registrar of Societies or any other authority has initiated legal proceedings on the basis of accusation of misappropriation of fund;
(b)If it fails in conducting election as prescribed in the bye-law of the organization or if serious lapses occur in the election process;
(c)if it fails in submitting the audited annual accounts as prescribed;
(d)if the funds are misappropriated or unauthorizedly re-appropriated;
(e)if it fails in furnishing correct informations as and when demanded;
(f)if continuous lapses occur in complying with the provisions stipulated in accepting the general funds including Governmental assistance;
(g)if report of a statutory authority, alleging grave irregularities on the internal affairs of the organization is received;
(h)in a situation in which any other grave irregularities are found out, in public interest;
(i)if the affiliation of a State Organization is suspended by the National Association or Federation concerned;
(2)The State Sports Council may, after giving the Sports Organization an opportunity of being heard, withdraw its recognition on any of the following grounds, namely:-
(a)Violation of the terms and conditions for recognition or of its bye-law;
(b)if an irregularity under clauses (a),(b),(d),(f) and (g) specified in sub-section (1) regarding the functioning of the organization is confirmed on enquiry;
(c)if the concerned National Association or Federation concerned has perpetually canceled the recognition or nullified the affiliation of the State Organization;
(3)The office bearer of an organization, the recognition of which has been cancelled as per this section, shall not be eligible for becoming the office bearer of any other Sports Organization.
(4)If the recognition of any organization is cancelled under the section, the State Sports Council may organize District Level and State Level competitions of athletic items concerned, in consultation with the Central Federation of such organization in the manner as may be prescribed. “
A reading of section 31A(2) of the Act also reflects the statutory intention of giving an opportunity of being heard to the Sports Organisation, before its recognition is withdrawn. Reference to the observation of the Division Bench in paragraph 23 of Kerala Hockey, Thiruvananthapuram v. Kal Leonal Pinhero [2026.KER.29212], is relevant in this regard.
Over and apart from non-compliance with the principles of natural justice, the impugned order does not provide any reason for cancelling the recognition of the Association. The conclusions arrived at by the Council are neither based on any material nor is there any discussion as to how such a conclusion was arrived at. Mere reference to the provisions cannot be a substitute for conclusion on the factual allegations. Reference to the decision in Ambily S. v. Vinod Kumar Pilla (2023 KHC OnLine 9005) is relevant in this context.
The procedure adopted by the Council is patently illegal and perverse and no prudent person could have arrived at such a conclusion based on the procedure adopted. It is pertinent to note that when proceedings were initiated against the Association, the presence of Sri.Rajesh was being insisted by the Council as if the proceedings were against Sri.Rajesh personally, and merely because Sri.Rajesh did not appear, the recognition of the Association has been cancelled. It is surprising that a body like the Council has adopted a procedure, which is wholly illegal and perverse. Hence, the cancellation of the recognition of the Association as per Ext.P39, the impugned order in W.P.(C) No.25931 of 2024, is liable to be interfered with. The Council ought to conduct a de-novo enquiry and pass appropriate orders in accordance with law, after granting an opportunity of hearing to the petitioner Association and after providing copies of all the complaints against the Association.
Issue No. (ii). Whether the appointment of the Technical Committee is legally valid?
As far as the challenge against the formation of the Technical Committee is concerned, section 31A(4) of the Act stipulates that, after suspension of an Association, a Committee can be appointed only after consultation with the National Federation. Such a stipulation in the statute has a significant impact since recognition with the Council is different from affiliation with the National Federation. The affiliation with the National Federation enables participation in national tournaments. Without affiliation, no State will be able to participate in National tournaments. Therefore, if the Council intends to appoint a Committee, a prior consultation has to be carried out with the National Federation.
In the instant case, Ext.P37 is a communication issued by the Secretary of the Council to AICF, intimating that the Council has decided to constitute a Committee with its priority to conduct competitions and championships in Chess and also to conduct elections to the Association. There is nothing to indicate that there was any prior consultation before such a Committee was appointed. Consultation cannot, under any circumstances, mean intimation after the decision has been taken. Consultation must necessarily precede the decision. Hence, even if it is assumed that consultation does not mean concurrence in the context, still, consultation should have been before such creation or appointment of the Technical Committee. The procedure adopted by the Council in constituting the Technical Committee is therefore illegal.
In this context it needs to be mentioned that the respondents had argued, relying upon the decision in Kerala Hockey, Thiruvananthapuram v. Kal Leonal Pinhero [2026.KER.29212] that there is nothing wrong in appointing a Technical Committee. However, the said decision did not consider the scope of appointment of such a Committee by the Council. In that case, the learned Single Judge had directed the appointment of a Technical Committee. A direction issued under Article 226 of the Constitution of India in peculiar circumstances to appoint a Committee, is different from the powers of a statutory body like the Council to appoint a Committee. The Council will have to adhere to the statutory provisions before appointing a Committee. In view of the above circumstances, the decision of the Council in Ext.P37 dated 24.06.2022 to appoint a Technical Committee, without consulting AICF, is liable to be quashed.
Issue No. (iii). Whether the decision of AICF refusing to accord approval to the Technical Committee and instead directing the Chess Association of Kerala to conduct the tournaments, is valid?
As far as W.P.(C) No.3275 of 2024 is concerned, the petitioner, who is heading the Technical Committee appointed by the Council has challenged Ext.P10 decision of AICF refusing to accept the request of the Council to appoint the Technical Committee to look after the affairs relating to Chess in the State. The contention raised is that the President of the Chess Association of Kerala, Sri. Rajesh was present at the meeting as is evident from the statement that ‘he thanked the House for the trust reposed on him’. The challenge is raised, due to the presence of Sri. Rajesh in the meeting. However the counter affidavit of AICF reveals that Sri. Rajesh was present as representing the State Association and members from all the States and Union Territories in the country were present and a unanimous decision was taken not to accept the request of the Council to constitute a Technical Committee. The propriety of Sri. Rajesh being present in the meeting, to decide the question of according approval to the constitution of the Technical Committee, can raise eyebrows. True, as argued by the learned Counsel for AICF, the said Sri. Rajesh was one of the many members of the Body as a representative from Kerala and even if he had abstained from the meeting, it would have made no difference. However, since the said decision has no bearing in view of quashing of the communication dated 24.06.2022 issued by the Council to AICF, the correctness of the said decision need not be considered and the said question is left open. The relief in that regard has become infructuous.
Issue No. (iv). Whether any consequential orders are to be issued?
The respondents have asserted that the AICF has been one of the best run National Sport Federations in the country for several decades with many of the players being able to compete at the highest level in the world, all because of the exemplary work undertaken by AICF. Further, when allegations were raised against the Association, a Committee was constituted by AICF headed by the Chairman, Bar Council of Andhra and Telangana and other distinguished persons. In the enquiry conducted by them, only Sri. N.R. Anilkumar gave oral evidence, a copy of which has been produced as Ext.P10. A perusal of the said deposition reveals that there are no serious allegations levelled against the Association and most of the allegations are based on hearsay. In the counter affidavit of the Council, it has been averred that the Technical Committee was constituted as a temporary arrangement to select the teams at various levels and further that the Technical Committee will be terminated when the Association begins to function normally. Continuing such temporary arrangements indefinitely, can affect the sport of Chess in the State. In such circumstances, this Court is of the view that the continued suspension of the Association would not be conducive in the interest of sport in the State. It would be worthwhile to bear in mind that the Association is different from the individuals constituting it and if allegations against Sri. Rajesh is proved, the Association can still continue to function in certain circumstances.
Before concluding the discussion, it needs to be mentioned that recognition with the Council and affiliation with the National Federation are both different. The internal squabbles of these sports associations have been the bane of Indian sports. The students who participate in the events are subjected to severe trauma and prejudice. Repeated writ petitions are filed for various purposes, including endorsement of the certificate of participation and permission to attend National tournaments. All these arise, because the Association, which is the only body for chess in the State, has been suspended. Though the Division Bench of this Court had affirmed the suspension, that was as early as in 2018. As the order of suspension has merged with the final order of cancellation of recognition, the latter of which has been set aside by this judgment, the suspension cannot continue further. Reference to the decision in Om Prakash Gupta v. State of Uttar Pradesh (1955) 1 SCC 727 is relevant in this context.
Further, the Division Bench had specifically observed that the proceedings must be completed within three months indicating the limited period of time for which the suspension should continue. Despite the above, since more than eight years have elapsed from the order of suspension, it is not proper to continue the suspension any further. Hence while directing the Council to take a fresh decision, the suspension of the Association should not be permitted to continue further, as it will have a deleterious effect on the sport in the State. The Association with the present office bearers will have to be permitted to function as it is the only affiliated body with the AICF, at least until a decision is taken by the Council, as directed in this judgment.
Hence, these three writ petitions are disposed of in the following manner:
W.P.(C) No.25931 of 2024 is allowed and Ext.P39 order dated 10.07.2024 issued by the Council is quashed. The Council shall furnish a copy of the complaint(s) and all connected records to the Association and thereafter pass fresh orders after strictly complying with the principles of natural justice including an opportunity of hearing to the petitioner as well as to the respondents in a time bound manner.
The suspension imposed on the petitioner which merged with the order of cancellation dated 10.07.2024 cannot continue further, since it was issued for a limited period of time in 2018 and further continuance, would cause serious prejudice to the sport of chess in the State.
Until a fresh decision regarding recognition with the Council is taken, the Association with the present body of the elected Committee will continue to function, as it is the only affiliated body with the AICF.
W.P.(C) No.24171 of 2022 is also allowed, quashing Ext.P37 dated 24.06.2022 intimating the constitution of the technical committee.
(v). W.P.(C) No. 3275 of 2024 is closed as infructuous, in view of the judgment in W.P.(C) No. 25931 of 2024.
APPENDIX OF WP(C) NO. 25931 OF 2024
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE TYPED COPY OF NOTICE DATED 28/6/2017 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.
Exhibit P2 TRUE TYPED COPY OF NOTICE DATED 20/9/2017 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.
Exhibit P3 TRUE TYPED COPY OF MINUTES OF THE EXTRA ORDINARY GENERAL BODY MEETING OF THE PETITIONER HELD ON 6/10/2017.
Exhibit P4 TRUE PHOTOCOPY OF JUDGMENT DATED 16/11/2017 IN W.P.(C)NO.36083/2017, HIGH COURT OF KERALA.
Exhibit P5 TRUE PHOTOCOPY OF THE JUDGMENT DATED 17/1/2018 IN W.A.NO.11/2018, HIGH COURT OF KERALA.
Exhibit P6 TRUE PHOTOCOPY OF INTERIM ORDER DATED 13/4/2018 PASSED IN SLP (CIVIL) NO.8663/2018, SUPREME COURT OF INDIA.
Exhibit P7 TRUE PHOTOCOPY OF LETTER DATED 19/2/2018 ISSUED BY THE UNDER SECRETARY TO GOVERNMENT, SPORTS AND YOUTH (A) DEPARTMENT, THIRUVANANTHAPURAM, TOGETHER WITH THE REPORT OF THE VACB DATED 8/11/2017.
Exhibit P8 TRUE PHOTOCOPY OF LETTER DATED 17/4/2018 ISSUED BY THE PETITIONER TO THE FIRST RESPONDENT.
Exhibit P9 TRUE PHOTOCOPY OF LETTER DATED 18/4/2018 ISSUED BY THE SECRETARY, KERALA STATE SPORTS COUNCIL TO THE THEN GENERAL SECRETARY OF THE PETITIONER ASSOCIATION, SHRI. RAJESH R, WITH ANNEXURES.
Exhibit P10 TRUE PHOTOCOPY OF THE LETTER DATED 5/4/2018 ISSUED BY THE ALL INDIA CHESS FEDERATION TOGETHER WITH THE ENQUIRY REPORT, DEPOSITIONS OF N.R.ANILKUMAR AND OTHER ANNEXURES.
Exhibit P11 TRUE PHOTOCOPY OF ANNUAL REPORT OF CHESS ASSOCIATION KERALA 2018 – 2019.
Exhibit P12 TRUE PHOTOCOPY OF ANNUAL REPORT OF CHESS ASSOCIATION KERALA 2019 – 2020
Exhibit P13 TRUE PHOTOCOPY OF ANNUAL REPORT OF CHESS ASSOCIATION KERALA 2020 – 2021
Exhibit P14 TRUE PHOTOCOPY OF LETTER DATED 12/9/2021 ISSUED TO THE ALL INDIA CHESS FEDERATION.
Exhibit P15 TRUE PHOTOCOPY OF LETTER DATED 26/9/2021 ISSUED TO THE KERALA STATE SPORTS
COUNCIL.
Exhibit P16 TRUE PHOTOCOPY OF REPLY DATED 20/9/2021 ISSUED BY ALL INDIA CHESS FEDERATION
Exhibit P17 TRUE PHOTOCOPY OF LETTER DATED 19/11/2021 ISSUED BY THE PETITIONER ASSOCIATION TO THE KERALA STATE SPORTS COUNCIL.
Exhibit P18 TRUE PHOTOCOPY OF LETTER DATED 1/12/2021 ISSUED BY THE PETITIONER ASSOCIATION TO THE KERALA STATE SPORTS COUNCIL.
Exhibit P19 TRUE PHOTOCOPY OF LETTER DATED 14/12/2021 ISSUED BY THE PETITIONER ASSOCIATION TO THE KERALA STATE SPORTS COUNCIL.
Exhibit P20 TRUE PHOTOCOPY OF ORDER DATED 25/10/2021 IN SLP(CIVIL)NO. 8663/2018
Exhibit P21 TRUE PHOTOCOPY OF REPORT OF ADV. NARESH SHARMA, OBSERVER APPOINTED BY ALL INDIA CHESS FEDERATION (AICF) DATED 10/10/2021
Exhibit P22 TRUE PHOTOCOPY OF MINUTES OF THE CENTRAL COUNCIL MEETING OF ALL INDIA CHESS FEDERATION (AICF) DATED 31/12/2021
Exhibit P23 TRUE PHOTOCOPY OF THE ANNUAL REPORT OF THE CHESS ASSOCIATION KERALA 2021 – 2022
Exhibit P24 TRUE PHOTOCOPY OF PRINT OUT OF BROCHURE OF THE CHESS TOURNAMENT ORGANISED BY THE 4TH RESPONDENT IN CONNECTION WITH THE STATE CONFERENCE OF THE CPI(M) AT THRISSUR ON 18/2/2018 FROM THE FIRST RESPONDENT’S FACE BOOK ACCOUNT.
Exhibit P25 TRUE PHOTOCOPY OF PRINT OUT OF BROCHURE OF THE CHESS TOURNAMENT BEING ORGANIZED BY THE 4TH RESPONDENT IN CONNECTION WITH THE DISTRICT CONFERENCE OF THE COMMUNIST PARTY OF INDIA (CPI) SCHEDULED AT THRIPRAYAR ON 18/8/2022, TAKEN FROM HIS FACE BOOK ACCOUNT.
Exhibit P26 PRINTOUT OF PHOTOGRAPH OF THE 4TH RESPONDENT, WITH A TOP LEADER AND THE THEN MINISTER OF THE RULING COMMUNIST PARTY OF INDIA (MARXIST) SHRI. M.M.MANI AT THE AKG CENTRE, THIRUVANANTHAPURAM, THE STATE OFFICE OF THE CPI(M) PUBLISHED IN HIS FACE BOOK PAGE ON 9/7/2017.
Exhibit P27 TRUE PHOTOCOPY OF EMAIL ISSUED TO THE AICF BY THE FIRST RESPONDENT DATED 24/6/2022.
Exhibit P28 TRUE PHOTOCOPY OF THE ORDER DATED 26/7/2022 IN WP (C) NO.24171/2022, HIGH COURT OF KERALA.
Exhibit P29 TRUE PHOTOCOPY OF ORDER DATED 13.7.2023 SAID TO HAVE BEEN PASSED BY THE 1ST RESPONDENT.
Exhibit P30 TRUE PHOTOCOPY OF THE ANNUAL REPORT OF THE CHESS ASSOCIATION KERALA FOR 2022-23.
Exhibit P31 TRUE PHOTOCOPY OF THE COUNTER AFFIDAVIT DATED 1/8/2023 FILED BY THE 3RD RESPONDENT HEREIN IN WP (C)NO. 24171/2022, HIGH COURT OF KERALA WITHOUT EXHIBITS
Exhibit P32 TRUE PHOTOCOPY OF ORDER DATED 20/9/2023 IN IA.NO.2/2022 IN WA.NO. 11/2018, HIGH COURT OF KERALA.
Exhibit P33 TRUE PHOTOCOPY OF THE MINUTES OF THE SPECIAL MEETING OF GENERAL BODY OF THE ALL INDIA CHESS FEDERATION DATED 31/10/2023
Exhibit P34 TRUE PHOTOCOPY OF NOTICE DATED 4/3/2024 ISSUED BY THE FIRST RESPONDENT.
Exhibit P35 TRUE PHOTOCOPY OF REPLY DATED 12/3/2024 ISSUED BY THE PETITIONER TO 1ST RESPONDENT.
Exhibit P36 TRUE PHOTOCOPY OF NOTICE DATED 27/3/2024 ISSUED BY THE FIRST RESPONDENT.
Exhibit P37 TRUE PHOTOCOPY OF LETTER DATED 6/4/2024 ISSUED BY THE PETITIONER TO FIRST RESPONDENT.
Exhibit P38 TRUE PHOTOCOPY OF COUNTER AFFIDAVIT DATED 5/5/2024 FILED BY THE AICF IN WP(C) NO.3275/2024, HIGH COURT OF KERALA.
Exhibit P39 TRUE PHOTOCOPY OF PROCEEDINGS DATED 10/7/2024 PASSED BY THE FIRST RESPONDENT.
RESPONDENTS' EXHIBITS :
EXHIBIT R3(A) THE TRUE COPY OF THE ANNEXURE II -GUIDELINES FOR RECOGNITION OF NATIONAL SPORTS FEDERATIONS
EXHIBIT R4(a) A TRUE COPY OF THE INTERIM ORDER DATED 14-06-2017 OF THIS HON’BLE COURT IN WP (C) 19792/2017
EXHIBIT R4(b) A TRUE COPY OF THE SUBMISSION BEFORE THE ENQUIRY COMMITTEE OF 3RD RESPONDENT
EXHIBIT R4(c) A TRUE COPY OF THE LETTER SUBMITTED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT
EXHIBIT R4(d) A TRUE COPY OF THE IA FOR PRODUCING ADDITIONAL DOCUMENTS FILED ON 22-06-2026 WITH FILING NO. 202634276 IN WP(C) 14455 OF 2026
APPENDIX OF WP(C) NO. 24171 OF 2022
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE PHOTOCOPY OF THE BYELAWS OF THE CHESS ASSOCIATION KERALA.
Exhibit P2 TRUE PHOTOCOPY OF NOTICE AND MINUTES OF MEETING DATED 10/2/2017.
Exhibit P3 TRUE PHOTOCOPY OF CERTIFICATION OF REGISTRATION OF ERNAKULAM CHESS ASSOCIATION DATED 4/5/2017.
Exhibit P4 TRUE PHOTOCOPY OF NOTICE DATED 28/6/2017 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
Exhibit P5 TRUE PHOTOCOPY OF NOTICE DATED 20/9/2017 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.
Exhibit P6 TRUE PHOTOCOPY OF MINUTES OF EXTRA ORDINARY GENERAL BODY MEETING OF THE PETITIONER HELD ON 6/10/2017.
Exhibit P7 TRUE PHOTOCOPY OF THE NEWS REPORT IN THE MALAYALA MANORAMA DAILY DATED 2/11/2017.
Exhibit P8 TRUE PHOTOCOPY OF THE NEWS REPORT IN THE MALAYALA MANORAMA DAILY DATED 2/11/2017.
Exhibit P9 TRUE PHOTOCOPY OF JUDGMENT DATED 16/11/2017 IN W.P.(C)NO.36083/2017, HIGH COURT OF KERALA.
Exhibit P10 TRUE PHOTOCOPY OF JUDGMENT DATED 17/1/2018 IN W.A.NO.11/2018, HIGH COURT OF KERALA.
Exhibit P11 TRUE PHOTOCOPY OF INTERIM ORDER DATED 13/4/2018 PASSED IN SLP (CIVIL) NO.8663/2018, SUPREME COURT OF INDIA.
Exhibit P12 TRUE PHOTOCOPY OF LETTER DATED 19/2/2018 ISSUED BY THE UNDER SECRETARY TO GOVERNMENT SPORTS AND YOUTH (A) DEPARTMENT, THIRUVANANTHAPURAM, TOGETHER WITH REPORT OF THE VACB DATED 8/11/2017.
Exhibit P13 TRUE TYPED COPY OF REPLY DATED 17/4/2018 ISSUED BY THE THEN GENERAL SECRETARY, SHRI. RAJESH R TO THE SPORTS COUNCIL.
Exhibit P14 TRUE PHOTOCOPY OF LETTER DATED 18/4/2018 ISSUED BY THE SECRETARY, KERALA STATE SPORTS COUNCIL TO THE THEN GENERAL SECRETARY OF THE PETITIONER ASSOCIATION, SHRI. RAJESH R, WITH ANNEXURES.
Exhibit P15 TRUE PHOTOCOPY OF NOTICE DATED 16/8/2019 ISSUED BY THE KERALA SPORTS COUNCIL.
Exhibit P16 TRUE PHOTOCOPY OF THE LETTER DATED 5/4/2018 ISSUED BY THE ALL INDIA CHESS FEDERATION TOGETHER WITH THE ENQUIRY REPORT, DEPOSITIONS OF N.R.ANILKUMAR AND OTHER ANNEXURES.
Exhibit P17 TRUE PHOTOCOPY OF NOTICE DATED 10/12/2019 ISSUED BY THE KERALA SPORTS COUNCIL.
Exhibit P18 TRUE PHOTOCOPY OF ANNUAL REPORT OF CHESS ASSOCIATION KERALA 2018 - 2019.
Exhibit P19 TRUE PHOTOCOPY OF ANNUAL REPORT OF CHESS ASSOCIATION KERALA 2019 - 2020.
Exhibit P20 TRUE PHOTOCOPY OF ANNUAL REPORT OF CHESS ASSOCIATION KERALA 2020-2021.
Exhibit P21 TRUE PHOTOCOPY OF LETTER DATED 12/9/2021 ISSUED TO THE ALL INDIA CHESS FEDERATION.
Exhibit P22 TRUE PHOTOCOPY OF LETTER DATED 26/9/2021 ISSUED TO THE KERALA STATE SPORTS COUNCIL.
Exhibit P23 TRUE PHOTOCOPY OF REPLY DATED 20/9/2021 ISSUED BY ALL INDIA CHESS FEDERATION.
Exhibit P24 TRUE PHOTOCOPY OF ORDER DATED 25/10/2021 IN SLP(CIVIL)NO. 8663/2018.
Exhibit P25 TRUE PHOTOCOPY OF LETTER DATED 19/11/2021 ISSUED BY THE PETITIONER ASSOCIATION TO THE KERALA STATE SPORTS COUNCIL.
Exhibit P26 TRUE PHOTOCOPY OF LETTER DATED 1/12/2021 ISSUED BY THE PETITIONER ASSOCIATION TO THE KERALA STATE SPORTS COUNCIL.
Exhibit P27 TRUE PHOTOCOPY OF LETTER DATED 14/12/2021 ISSUED BY THE PETITIONER ASSOCIATION TO THE KERALA STATE SPORTS COUNCIL.
Exhibit P28 TRUE PHOTOCOPY OF REPORT OF ADV. NARESH SHARMA, DATED OBSERVER APPOINTED BY ALL INDIA CHESS FEDERATION (AICF) 10/10/2021.
Exhibit P29 TRUE PHOTOCOPY OF MINUTES OF THE CENTRAL COUNCIL MEETING OF ALL INDIA CHESS FEDERATION (AICF) DATED 31/12/2021.
Exhibit P30 TRUE PHOTOCOPY OF THE ANNUAL REPORT OF THE CHESS ASSOCIATION KERALA 2021 - 2022.
Exhibit P31 TRUE PHOTOCOPY OF THE INTERVIEW GIVEN BY SHRI. VISWANATHAN ANAND IN KOCHI, AT THE TIME OF THE INAUGURATION OF 'SIMUL', PUBLISHED IN THE HINDU DAILY DATED 30/6/2022.
Exhibit P32 TRUE PHOTOCOPY OF PRINT OUT OF BROCHURE OF THE CHESS TOURNAMENT ORGANISED BY THE 2ND RESPONDENT IN CONNECTION WITH THE STATE CONFERENCE OF THE CPI(M) AT THRISSUR ON 18/2/2018 FROM THE FIRST RESPONDENT'S FACE BOOK ACCOUNT, WITH ENGLISH TRANSLATION.
Exhibit P33 TRUE PHOTOCOPY OF PRINT OUT OF BROCHURE OF THE CHESS TOURNAMENT BEING ORGANIZED BY THE FIRST RESPONDENT IN CONNECTION WITH THE DISTRICT CONFERENCE OF THE COMMUNIST PARTY OF INDIA (CPI) SCHEDULED AT THRIPRAYAR ON 18/8/2022 TAKEN FROM HIS FACE BOOK ACCOUNT.
Exhibit P34 PRINTOUT OF PHOTOGRAPH OF THE FIRST RESPONDENT, WITH A TOP LEADER AND THE THEN MINISTER OF THE RULING COMMUNIST PARTY OF INDIA (MARXIST) SHRI. M.M.MANI AT THE AKG CENTRE, THIRUVANANTHAPURAM, THE STATE OFFICE OF THE CPI(M) PUBLISHED IN HIS FACE BOOK PAGE ON 9/7/2017.
Exhibit P35 TRUE PHOTOCOPY OF LETTER DATED 9/8/2021 ISSUED BY THE APPELLATE AUTHORITY AND DEPUTY DIRECTOR, TOURISM DIRECTORATE, THIRUVANANTHAPURAM, WITH ENGLISH TRANSLATION.
Exhibit P36 TRUE PHOTOCOPY OF LETTER DATED 5/11/2021 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, TOURISM DIRECTORATE, WITH ENGLISH TRANSLATION.
Exhibit P37 TRUE PHOTOCOPY OF EMAIL ISSUED TO THE AICF BY THE FIRST RESPONDENT DATED 24/6/2022.
Exhibit P38 TRUE PHOTOCOPY OF ORDER DATED 13.7.2023 SAID TO HAVE BEEN PASSED BY THE 1ST RESPONDENT.
Exhibit P39 TRUE PHOTOCOPY OF THE ANNUAL REPORT OF THE CHESS ASSOCIATION KERALA FOR 2022-23.
Exhibit P40 TRUE PHOTOCOPY OF NOTIFICATION PUBLISHED BY THE STATE CHESS TECHNICAL COMMITTEE CONSTITUTED BY THE 1ST RESPONDENT PUBLISHED IN SOCIAL MEDIA.
Exhibit P41 TRUE PHOTOCOPY OF NOTIFICATION PUBLISHED BY MURALIDHARAN M.P IN SOCIAL MEDIA.
Exhibit P42 TRUE PHOTOCOPY OF LETTER DATED 14/8/2023 ISSUED BY THE FIRST RESPONDENT TO THE 3RD RESPONDENT.
Exhibit P43 TRUE PHOTOCOPY OF NOTICE PUBLISHED BY THE TECHNICAL COMMITTEE NOW SETUP BY THE 1ST RESPONDENT ON 22.8.2023 ON SOCIAL MEDIA.
Exhibit P44 TRUE PHOTOCOPY OF NOTIFICATION CIRCULATED BY THE ALL INDIA CHESS FEDERATION AND SPORTS AUTHORITY OF INDIA REGARDING THE NATIONAL JUNIOR (UNDER 19) CHESS CHAMPIONSHIP 2023.
Exhibit P45 TRUE PHOTOCOPY OF THE NOTIFICATION PUBLISHED FOR THE 52ND KERALA STATE (UNDER 19) OPEN/GIRLS CHESS CHAMPIONSHIP 2023.
Exhibit P46 TRUE PHOTOCOPY OF THE LIST OF PARTICIPANTS IN THE 52ND KERALA STATE UNDER 19 OPEN CHESS CHAMPIONSHIP 2023.
Exhibit P47 TRUE PHOTOCOPY OF THE LIST OF PARTICIPANTS IN THE 52ND KERALA STATE UNDER 19 GIRLS CHESS CHAMPIONSHIP 2023
Exhibit P48 TRUE PHOTOCOPY OF STATEMENT SHOWING THE PARTICIPATION DETAILS OF THE MEMBERS OF THE TECHNICAL COMMITTEE IN THE GAME OF CHESS.
Exhibit P49 SCHEDULE OF THE KERALA STATE UNDER 15 OPEN GIRLS CHESS CHAMPIONSHIP 2023.
Exhibit P50 TRUE PHOTOCOPY OF THE LETTER DATED 11/9/2023 INTIMATING THE SUCCESSFUL CONDUCT OF THE CHESS CHAMPIONSHIPS, AND THE PARTICIPANTS LIST, TO THE AICF.
Exhibit P51 TRUE PHOTOCOPY OF LETTER DATED 30/11/2023 ISSUED BY THE FIRST RESPONDENT TO THE 3RD RESPONDENT, WITH ANNEXURES.
Exhibit P52 TRUE PHOTOCOPY OF THE MINUTES OF SPECIAL GENERAL BODY OF ALL INDIA CHESS FEDERATION HELD AT GURUGRAM ON 31/10/2023.
EXHIBIT P53 TRUE PHOTOCOPY OF THE BROCHURE ISSUED BY THE ALL INDIA CHESS FEDERAL IN CONJUNCTION WITH THE SPORTS AUTHORITY OF INDIA AND SUPPORTED BY THE MINISTRY OF YOUTH AFFAIRS AND SPORTS, GOVERNMENT OF INDIA.
EXHIBIT P54 TRUE PHOTOCOPY OF THE JUDGMENT DATED 27/7/2022 IN WP(C)NO. 24319/2022, HIGH COURT OF KERALA.
EXHIBIT P55 TRUE PHOTOCOPY OF JUDGMENT DATED 11/11/2022 IN W.P.(C)NO.28585/2017, HIGH COURT OF KERALA.
EXHIBIT P56 TRUE PHOTOCOPY OF LETTER DATED 8/4/2024 ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P57 TRUE PHOTOCOPY OF PRESS REPORT IN THE MALAYALA MANORAMA DAILY DATED 18/5/2024.
RESPONDENTS' EXHIBITS :
Exhibit R2(a) TRUE COPY OF INTERIM ORDER DATED 14-06-2017 OF THIS HON’BLE COURT IN WP(C) 19792/2017
Exhibit R2(b) TRUE COPY OF THE JUDGMENT DATED 17-01-2018 OF THIS HON’BLE COURT IN WA 11 OF 2018
Exhibit R2(c) TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT DATED 06-02-2018 IN WP(C) 19792/2017
Exhibit R2(d) TRUE COPY OF THE INTERIM ORDER OF THE HON’BLE SUPREME COURT DATED 22-10-2021 IN SPECIAL LEAVE TO APPEAL (C) NO(S). 8663/2018
Exhibit R2(e) TRUE COPY OF THE ORDER OF THE HON’BLE SUPREME COURT DATED 25-10-2021 IN SPECIAL LEAVE TO APPEAL (C) NO(S). 8663/2018
Exhibit R2(f) TRUE COPY OF THE PRESS RELEASE ISSUED BY THE PETITIONER
Exhibit R2(g) TRUE COPY OF THE NEWS ARTICLE DATED 10-11-2021 PUBLISHED IN THE HINDU AS OBTAINED FROM ITS WEBSITE
Exhibit R2(h) TRUE COPY OF THE SCREEN SHOT OF THE EMAIL SENT BY THE SECRETARY OF THE PETITIONER
Exhibit R2(i) TRUE COPY OF ORDER NO. 1909/C1(2)/2028/K.S.S.C. DATED 13.07.2023 ISSUED BY THE 1ST RESPONDENT
Exhibit R3 (a) TRUE PHOTOCOPY OF LETTER DATED 5/4/2018 ISSUED BY THE ALL INDIA CHESS FEDERATION TO THE KERALA STATE SPORTS COUNCIL, PRESIDENT TOGETHER WITH A COPY OF THE ENQUIRY REPORT DATED 11/3/2018 ANNEXED THERETO WITH ALL DOCUMENTS.
Exhibit R3 (b) TRUE PHOTOCOPY OF THE REPORT SUBMITTED BY SHRI. NARESH SHARMA, ADVOCATE AND TREASURER DATED 10/10/2021 BEFORE THE ALL INDIA CHESS FEDERATION.
Exhibit R3 (c) TRUE PHOTOCOPY OF MINUTES OF THE CENTRAL COUNCIL MEETING OF ALL INDIA CHESS FEDERATION DATED 31/12/2021.
EXHIBIT R3(d) THE TRUE COPY OF THE MINUTES OF THE GENERAL BODY MEETING DATED 31/10/2023
EXHIBHIT R4A A TRUE COPY OF ORDER NO. 1909/C1(2)/2018/K.S.S.C. DATED 13.07.2023 ISSUED BY THE 1ST RESPONDENT
EXHIBIT R4B A TRUE COPY OF LETTER NO. 1909/C1(2)/2018/KSSC DATED 12.09.2023 SENT BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT
APPENDIX OF WP(C) NO. 3275 OF 2024
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE INTERIM ORDER DATED 14-06-2017 OF THIS HON’BLE COURT IN WP(C) 19792/2017
Exhibit P2 TRUE COPY OF THE ORDER NO. 2194/C1/2017/KSSC DATED 31.10.2017
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 17-01-2018 IN WRIT APPEAL 11/2018
Exhibit P4 TRUE COPY OF THE ORDER IN SLP(C) NO. 8663/2018 DATED 25.10.2021
Exhibit P5 TRUE COPY OF THE ORDER DATED 20.09.2023 OF THIS HON’BLE COURT IN I.A NO 2 OF 2022 IN WA NO. 11/2018
Exhibit P6 TRUE OPY OF ORDER NO. 1909/C1(2)/2018/K.S.S.C. DATED 13.07.2023 ISSUED BY THE 3RD RESPONDENT
Exhibit P7 TRUE COPY OF LETTER NO. 1909/C1(2)/2018/KSSC DATED 16.08.2023 SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT
Exhibit P8 TRUE COPY OF LETTER NO. 1909/C1(2)/2018/KSSC DATED 12.09.2023 SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT
Exhibit P9 TRUE COPY OF THE LETTER DATED 30.09.2023 SUBMITTED BY JOTHISH KUMAR, FATHER OF THEERTHA JOTHISH, A 5 YEAR OLD, STATE CHESS CHAMPION TO THE 3RD RESPONDENT
Exhibit P10 TRUE COPY OF THE MINUTES DATED 31.10.2023 OF THE 4TH RESPONDENT
Exhibit P11 TRUE COPY OF THE RESULTS OF THE KERALA STATE SENIOR CHESS CHAMPIONSHIP ORGANISED BY THE STATE CHESS TECHNICAL COMMITTEE
Exhibit P12 TRUE COPY OF THE LETTER NO. KSSC/C1(2)/1909/2018 DATED 31-07-2024 SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT
Exhibit P13 TRUE COPY OF THE EMAIL COMMUNICATION DATED 31-07-2024 SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT
Exhibit P14 TRUE COPY OF THE BROCHURE OF THE 61ST NATIONAL CHESS CHAMPIONSHIP–2024
Exhibit P15 TRUE COPY OF THE LETTER DATED 30-8-2024 SENT BY THE PETITIONER TO THE 4TH RESPONDENT
Exhibit P16 TRUE COPY OF THE BROCHURE OF THE 53 RD NATIONAL JUNIOR (UNDER 19) & 38TH NATIONAL JUNIOR GIRLS (UNDER-19) CHESS CHAMPIONSHIPS -2024 IS TO BE HELD FROM 16TH SEPTEMBER TO 24TH SEPTEMBER 2024 AT KARNAL, HARYANA
Exhibit P17 TRUE COPY OF THE LETTER DATED 23-08-2024 SENT BY THE 4TH RESPONDENT TO THE PETITIONER
Exhibit P18 TUE COPY OF THE EXTRACT OF THE NEWSPAPER REPORT DATED 24.08.2024 IN MATHRUBHUMI DAILY
Exhibit P19 TRUE COPY OF THE EXTRACT OF THE NEWSPAPER REPORT DATED 25.08.2024 IN DESHABHIMANI DAILY
Exhibit P20 TRUE COPY OF THE EMAIL COMMUNICATION DATED 03-09-2024 SENT BY THE PETITIONER TO THE 4TH RESPONDENT
Exhibit P21 A TRUE COPY OF THE RELEVANT EXTRACT OF BROCHURE OF KERALA STATE UNDER 11 OPEN GIRLS CHAMPIONSHIPS 2024 CONDUCTED BY THE STATE CHESS TECHNICAL COMMITTEE
Exhibit P22 A TRUE COPY OF THE EMAIL DATED 22.09.2024 SENT BY THE PETITIONER TO THE 4TH RESPONDENT REGARDING LETTER TO AICF-NATIONAL UNDER-11
Exhibit P23 A TRUE COPY OF THE BROCHURE OF THE 37TH NATIONAL UNDER 11 CHESS CHAMPIONSHIP HELD FROM 4TH OCTOBER TO 10TH OCTOBER 2024 AT HYDERABAD
Exhibit P24 A TRUE COPY OF THE RELEVANT EXTRACT OF BROCHURE OF KERALA STATE WOMEN CHESS CHAMPIONSHIP FOR THE YEAR 2024 HELD ON 18TH AND 19TH MAY 2024 AT PALAKKAD BY THE STATE CHESS TECHNICAL COMMITTEE
Exhibit P25 A TRUE COPY OF THE MAIL DATED 22.09.2024 SENT BY THE PETITIONER TO THE 4TH RESPONDENT REGARDING LETTER TO AICF- 50TH NATIONAL WOMEN ENTRIES
Exhibit P26 A TRUE COPY OF THE BROCHURE OF THE 50TH NATIONAL WOMEN CHESS CHAMPIONSHIP 2024 IS TO BE HELD FROM 3RD OCTOBER TO 13TH OCTOBER AT KARAIKUDI
Exhibit P27 A TRUE COPY OF THE BROCHURE OF KERALA STATE UNDER 15 OPEN & GIRLS CHESS CHAMPIONSHIP CONDUCTED BY THE STATE CHESS TECHNICAL COMMITTEE
Exhibit P28 A TRUE COPY OF THE BROCHURE OF THE 49TH NATIONAL SUB-JUNIOR OPEN & 40TH NATIONAL SUB-JUNIOR GIRLS CHESS CHAMPIONSHIPS 2024 AT ADHIYAMAAN COLLEGE OF ENGINEERING, HOSUR, KRISHNAGIRI, TAMIL NADU
Exhibit P29 A TRUE COPY OF THE EMAIL DATED 10.10.2024 SENT BY THE PETITIONER TO THE 4TH RESPONDENT REGARDING THE LIST OF SELECTED PLAYERS
Exhibit P30 A TRUE COPY OF THE BROCHURE OF KERALA STATE UNDER 13 OPEN & GIRLS CHESS CHAMPIONSHIP CONDUCTED BY THE STATE CHESS TECHNICAL COMMITTEE
Exhibit P31 A TRUE COPY OF THE EMAIL DATED 16.11.2024 SENT BY THE PETITIONER TO THE 4TH RESPONDENT REGARDING THE LIST OF SELECTED PLAYERS
Exhibit P32 A TRUE COPY OF THE BROCHURE OF THE 37TH NATIONAL UNDER 13 GIRLS CHESS CHAMPIONSHIP 2024 HELD AT SIDHU KANU INDOOR STADIUM, RECOL PARK, DURGAPUR, WEST BENGAL
EXHIBIT P33 A TRUE COPY OF THE EMAIL DATED 11-08-2024 SENT BY THE APPLICANT IN THE IA TO THE 4TH RESPONDENT ALONG WITH THE ATTACHMENT
EXHIBIT P33 TRUE COPY OF THE BROCHURE OF K.K.BHARATHAN MEMMORIAL TROPHY, KERALA STATE UNDER 09 CHESS CHAMPIONSHIP 2024 CONDUCTED BY THE STATE CHESS TECHNICAL COMMITTEE
Exhibit P34 A TRUE COPY OF THE EMAIL DATED 07.12.2024 SENT BY THE PETITIONER TO THE 4TH RESPONDENT REGARDING THE LIST OF SELECTED PLAYERS
Exhibit P35 A TRUE COPY OF THE BROCHURE OF THE 37TH NATIONAL UNDER 09 OPEN & GIRLS CHESS CHAMPIONSHIP 2024 IS TO BE HELD FROM 27TH DECEMBER TO 2ND JANUARY 2025 HELD AT SHRI SHIV CHHATRAPATI SPORTS COMPLEX, MAHALUNGE, BALEWADI-BANER ROAD PUNE, MAHARASHTRA
Exhibit P36 TRUE COPY OF THE BROCHURE OF THE 38TH NATIONAL UNDER - 7 OPEN & GIRLS CHESS CHAMPIONSHIPS- 2025
Exhibit P37 A TRUE COPY OF THE EMAIL DATED 15-05-2025 SENT BY THE PETITIONER TO THE 4TH RESPONDENT REGARDING - NATIONAL UNDER-7 CHESS CHAMPIONSHIPS
Exhibit P38 A TRUE COPY OF THE BROCHURE OF THE 38TH NATIONAL UNDER 9 OPEN & GIRLS CHESS CHAMPIONSHIP TO BE HELD FROM 15TH JUNE TO 21ST JUNE 2025 AT PRAGYAM SCHOOL - SECTOR 65
Exhibit P39 A TRUE COPY OF THE EMAIL DATED 15-05-2025 SENT BY THE PETITIONER TO THE 4 TH RESPONDENT REGARDING NATIONAL UNDER-9 CHESS CHAMPIONSHIPS
Exhibit P40 A TRUE COPY OF THE BROCHURE OF 38TH NATIONAL UNDER-11 OPEN & GIRLS CHESS CHAMPIONSHIPS-2025
Exhibit P41 A TRUE COPY OF THE EMAIL DATED 14.07.2025 SENT BY THE PETITIONER TO THE 4TH RESPONDENT REGARDING THE LIST OF SELECTED PLAYERS
Exhibit P42 A TRUE COPY OF THE BROCHURE OF THE 62ND NATIONAL CHESS CHAMPIONSHIP–2025 TO BE HELD FROM 21.09.2025 TO 01.10.2025 AT VIGNAN UNIVERSITY, GUNTUR DISTRICT, ANDHRA PRADESH
Exhibit P43 A TRUE COPY OF THE EMAIL DATED 19.06.2025 SENT BY THE PETITIONER TO THE 4TH RESPONDENT REGARDING THE LIST OF SELECTED PLAYERS
Exhibit P44 A TRUE COPY OF THE BROCHURE OF 38TH NATIONAL UNDER-13 OPEN & GIRLS CHESS CHAMPIONSHIPS-2025
Exhibit P45 A TRUE COPY OF THE EMAIL DATED 31.07.2025 SENT BY THE PETITIONER TO THE 4TH RESPONDENT REGARDING THE LIST OF SELECTED PLAYERS
Exhibit P46 A TRUE COPY OF THE BROCHURE OF UNDER – 15, 50TH NATIONAL SUB-JUNIOR OPEN & 41ST NATIONAL SUB-JUNIOR GIRLS CHESS CHAMPIONSHIPS 2025
Exhibit P47 A TRUE COPY OF THE EMAIL DATED 20.09.2025 SENT BY THE PETITIONER TO THE 4TH RESPONDENT REGARDING THE LIST OF SELECTED PLAYERS
Exhibit P48 A TRUE COPY OF THE EMAIL DATED 29.10.2025 SENT BY THE PETITIONER TO THE 4TH RESPONDENT REGARDING THE LIST OF SELECTED PLAYERS
Exhibit P49 TRUE COPY OF THE BROCHURE FOR 54TH NATIONAL JUNIOR OPEN & 39TH NATIONAL JUNIOR GIRLS CHESS CHAMPIONSHIPS - 2025 SCHEDULED TO BE HELD AT THE WAVE INTERNATIONAL, JAMSHEDPUR, JHARKHAND
Exhibit P50 A TRUE COPY OF THE EMAIL DATED 29.10.2025 SENT BY THE PETITIONER TO THE 4TH RESPONDENT REGARDING THE LIST OF SELECTED PLAYERS
Exhibit P51 TRUE COPY OF THE BROCHURE FOR 51ST NATIONAL WOMEN'S CHESS CHAMPIONSHIP–2025 SCHEDULED TO BE HELD AT SIDHU KANU INDOOR STADIUM, DURGAPUR, WEST BENGAL
Exhibit P52 TRUE COPY OF THE LIST OF PARTICIPANTS FOR 50TH SUB-JUNIOR OPEN CHESS CHAMPIONSHIP 2025
Exhibit P53 A TRUE COPY OF THE EMAIL DATED 12.03.2026 SENT BY THE PETITIONER TO THE 4TH RESPONDENT REGARDING THE LIST OF SELECTED PLAYERS
Exhibit P54 TRUE COPY OF THE BROCHURE FOR 35TH NATIONAL UNDER-17 OPEN & GIRLS CHESS CHAMPIONSHIPS - 2026 SCHEDULED TO BE HELD FROM 30.03.2026 TO 07.04.2026 AT RAJPAT CLUB, S.H HIGHWAY, AHMEDABAD
Exhibit P55 A TRUE COPY OF THE EMAIL DATED 03-06-2026 SENT BY THE PETITIONER TO THE 4TH RESPONDENT REGARDING THE LIST OF SELECTED PLAYERS
Exhibit P56 A TRUE COPY OF THE BROCHURE FOR 39TH NATIONAL UNDER-7 OPEN & GIRLS CHESS CHAMPIONSHIPS - 2026 SCHEDULED TO BE HELD FROM 30-06-2026 TO 04-07-2026 AT GH RAISONI INSTITUTE OF ENGINEERING & TECHNOLOGY, SHRADDHA PARK, NAGPUR
Exhibit P57 A TRUE COPY OF THE EMAIL DATED 03-06-2026 SENT BY THE PETITIONER TO THE 4TH RESPONDENT REGARDING THE LIST OF SELECTED PLAYERS
Exhibit P58 A TRUE COPY OF THE BROCHURE FOR THE 39TH NATIONAL UNDER-9 OPEN & GIRLS CHESS CHAMPIONSHIP-2026 SCHEDULED TO BE HELD FROM 06-07-2026 TO 12-07-2026 AT SARALA BIRLA UNIVERSITY, RANCHI
Exhibit P59 A TRUE COPY OF THE EMAIL DATED 03-06-2026 SENT BY THE PETITIONER TO THE 4TH RESPONDENT REGARDING THE LIST OF SELECTED PLAYERS
Exhibit P60 A TRUE COPY OF THE BROCHURE FOR THE 39TH NATIONAL UNDER-11 OPEN & GIRLS CHESS CHAMPIONSHIP-2026 SCHEDULED TO BE HELD FROM 02-08-2026 TO 08-08-2026 AT INDOOR STADIUM URWA, MANGALURU
RESPONDENTS' EXHIBITS:
EXHIBIT R4(a) THE TRUE COPY OF THE ANNEXURE II 'GUIDELINES’ OF THE NATIONAL SPORTS DEVELOPMENT CODE OF INDIA
EXHIBIT R4(b) THE TRUE COPY OF THE COUNTER AFFIDAVIT ALONG WITH THE DOCUMENTS PRODUCED IN WP(C) No.24171 OF 2022
EXHIBIT R4(c) THE TRUE COPY OF ANNEXURE XXXVIII COMMUNICATION DATED 28.7.2005 SENT BY THE MINISTRY OF YOUTH AFFAIRS AND SPORTS, GOVERNMENT OF INDIA TO THE SECRETARY GENERAL, INDIAN OLYMPIC ASSOCIATION
EXHIBIT R4(d) THE TRUE COPY OF THE ORDER NO.KSSC/C1COURTCASE/780/2024 DATED 10/07/2024
EXHIBIT R4(e) THE TRUE COPY OF THE INTERIM ORDER DATED 19/07/2024 IN WP(C) NO.25931 OF 2024
EXHIBIT R4(f) THE TRUE COPY OF THE EMAIL COMMUNICATION DATED 10/09/2024 IN REPLY TO EXHIBIT P20 LETTER
RESPONDENTS' EXHIBITS :
EXHIBIT R5(a) TRUE PHOTOCOPY OF ORDER DATED 8/10/2021 IN I.A.NO.1/2021 IN O.S.NO.510/2021, PRINCIPAL MUNSIFF’S COURT, KOTTAYAM.
EXHIBIT R5(b) TRUE PHOTOCOPY OF ORDER DATED 19/7/2024 IN WP(C) NO 25931/2024, HIGH COURT OF KERALA.
EXHIBIT R5(c) TRUE PHOTOCOPY OF THE RESULTS OF THE 34TH NATIONAL UNDER 17 OPEN CHESS CHAMPIONSHIP 2024 CONDUCTED BY THE 4TH RESPONDENT AICF.
EXHIBIT R5(d) TRUE PHOTOCOPY OF THE RESULTS OF THE 34TH NATIONAL UNDER 17 GIRLS CHAMPIONSHIP 2024 CONDUCTED BY THE 4TH RESPONDENT, AICF.
EXHIBIT R5(e) PHOTOGRAPHS OF THE PRIZE DISTRIBUTION CEREMONY OF THE 2 EVENTS.
EXHIBIT R5(f) TRUE PHOTOCOPY OF THE RESULT OF THE 61ST KERALA STATE OPEN FIDE RATED CHESS CHAMPIONSHIP 2024.
EXHIBIT R5(g) TRUE PHOTOCOPY OF JUDGEMENT DATED 3/6/2022 IN OS. NO. 510/2021, PRINCIPAL MUNSIFF, KOTTAYAM.
EXHIBIT R5(h) TRUE PHOTOCOPY OF EMAIL DATED 6/9/24, ISSUED TO ADVOCATE DINESH R SHENOY, FORWARDING THE EMAIL DATED 23/8/2024 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER AND THE 3RD RESPONDENT HEREIN.
EXHIBIT R5(I) TRUE PHOTOCOPY OF INTERIM ORDER DATED 24.09.2024 IN WP(C) NO.25931 OF 2024, HIGH COURT OF KERALA
EXHIBIT R5(i) TRUE PHOTOCOPY ORDER DATED 29/11/2024 IN WP(C)NO. 25931/2024, HIGH COURT OF KERALA.
EXHIBIT R5(j) TRUE PHOTOCOPY OF THE FINAL RANKING SHEETS OF THE MERMAID TROPHY – KERALA STATE CHESS CHAMPIONSHIP 2024 UNDER 13 OPEN CONDUCTED BY THE 5TH RESPONDENT, CHESS ASSOCIATION KERALA DATED 25.11.2024.
EXHIBIT R5(k) TRUE PHOTOCOPY OF THE FINAL RANKING SHEETS OF THE MERMAID TROPHY – KERALA STATE CHESS CHAMPIONSHIP 2024 UNDER 13 GIRLS CONDUCTED BY THE 5TH RESPONDENT, CHESS ASSOCIATION KERALA DATED 25.11.2024.
EXHIBIT R5(l) TRUE PHOTOCOPY OF THE FINAL RANKING OF THE KERALA STATE UNDER 13 OPEN CHESS CHAMPIONSHIP 2024 CONDUCTED BY THE APPLICANT DATED 26.11.2024.
EXHIBIT R5(m) TRUE PHOTOCOPY OF THE FINAL RANKING OF THE KERALA STATE UNDER 13 GIRLS CHESS CHAMPIONSHIP 2024 CONDUCTED BY THE APPLICANT DATED 26.11.2024.
EXHIBIT R5(n) TRUE PHOTOCOPY OF EMAIL DATED 9/12/2024 ISSUED TO THE 5TH RESPONDENT BY THE FATHER OF AMEYA A.R.
