THE GOA CHESS ASSOCIATION THR ITS SECRETARY MR. ASHISH KENIversusTHE INSPECTOR GENERAL OF SOCIETIES (SOUTH GOA) AND ANR

2026:BHC-GOA:1662
                                              (1)                     wp-792-2026.odt



                          IN THE HIGH COURT OF BOMBAY AT GOA
                               WRIT PETITION NO.792 OF 2026

               The Goa Chess Association
               Through its Secretary,
               Mr. Ashish Keni
               Aged 58 years, Indian Nationla,
               F-4, 4th Floor, Chase International,
               Behind LaPaz Hote,
               Vasco-da-Gama.                                   ..Petitioner

                            Versus

               1.    The Inspector General of Societies (South Goa)
                     with office at Osia Complex, D Wing,
                     2nd Floor, Margoa, Salcete, Goa.

               2.     Kishor M. Bandekar,
                      Aged 65 years, Indian National,
                      R/o. H. No. 37 of Aqua Bay, Near Mes College,
                      Zuarinagar Goa.                          ..Respondents
                                                   …
               Mr. J. A. Lobo, Advocate for Petitioner.
               Mr. Deep Shirodkar, Additional Government Advocate for Respondent
               No.1.
               Mr. Athnain Naik, Advocate for Respondent No.2.
                                                  …
                                          CORAM : S. G. CHAPALGAONKAR, J.

                RESERVED ON   :14th AUGUST, 2026.
                PRONOUNCED ON :19th AUGUST, 2026.

               JUDGMENT:-

               1.    Rule. Rule made returnable forthwith. With consent of parties,

               matter is heard finally at admission stage.

               2.    The petitioner impugns order dated 27.02.2026 passed by District

               Registrar and Inspector General of Societies (South Goa), whereby it is

               declared that tenure of present Executive Committee commenced from
                               (2)                      wp-792-2026.odt



July 2021 and not from July 2023, with further direction to conduct

elections in 60 days from date of order.


3.    The election of Executive Committee of Goa Chess Association

was notified on 09.06.2021 for the period 2021 to 2025. The Returning

Officer disqualified nominations of contesting candidates for the post of

President, Secretary, Treasurer, and two posts of Joint Secretaries.

Eventually, declared that committee was elected unopposed vide report

dated 10.08.2021. The action of Returning Officer, thereby rejecting

nominations of contesting candidates was challenged by some members

before Ethics Commission of All India Chess Federation. By order

dated 19.10.2021, Ethics Commission set aside election and directed re-

election for the post of office bearers of Executive Committee of Goa

Chess Association after including names of contesting candidates. The

order of Ethics Commission was challenged before All India Chess

Federation/Appellate Authority, who dismissed appeal vide judgment

and order dated 14.12.2021. The respondents carried matter in Writ

Petition (C) No.15097/2021 before High Court of Delhi raising

challenge to orders passed by Ethics Commission and Appellate

Authority. The Delhi High Court dismissed Writ Petition vide order

dated 02.06.2023. During pendency of Writ Petition, High Court of

Delhi was pleased to pass interim order dated 22.02.2022 appointing an

Ad-hoc Committee to look after affairs of Goa Chess Association. The
                                (3)                       wp-792-2026.odt



respondent no.2 then filed Letters Patent Appeal No.504/2023 before

Delhi High Court, which suffered dismissal on 06.07.2023.


4.       Pertinently, respondents took a consistent stand in all aforesaid

proceedings that Executive Committee of Goa Chess Association, which

was elected pursuant to election result dated 10.08.2021, never took

charge of affairs of Association till appointment of Ad-hoc Committee.

The Ad-hoc Committee presided by Mr. Prabhakar Timble notified fresh

elections of Executive Committee of Goa Chess Association under

notice dated 24.06.2023 for post of President, Secretary, Treasurer, and

two posts of Joint Secretary. Accordingly, elections were held, of which

results were notified on 09.07.2023.          After election, Executive

Committee took charge of affairs of Association with effect from

23.07.2023. The Executive Committee consists of President, four Vice

Presidents, Honorary Secretary, Treasurer, four Joint Honorary

Secretaries, Joint Treasurer, and one delegate from each affiliated

Talukas Association. However, Registrar vide his order dated

27.02.2026 declared that tenure of present Executive Committee had

commenced from July 2021 (not from July 2023), thereby dissolved

Committee and directed to conduct elections in 60 days from date of

order.


5.       Mr. Lobo, learned Advocate appearing for petitioner vehemently

submits that Goa Chess Association Rule 11 (ii) states that term of
                              (4)                       wp-792-2026.odt



Executive Committee shall be four years.         Clause 16 (ii) of the

Constitution of Goa Chess Association, stipulates that Executive

Committee shall take charge of office of Association immediately after

holding of election meeting and General Body Meeting and shall

continue to hold office for term of four years. He would, therefore, urge

that term of present Committee commenced from 23.07.2023 and will

end in August 2027. However, by adopting incorrect interpretation of

Association Rules, Registrar declared that term of Executive Committee

had commenced in year 2021 in pursuance to election results dated

10.08.2021. He would further submit that respondent no.1 erroneously

observed that, tenure under by-law is governed by Constitutional

Electoral Cycle and not from date of assumption of office. Eventually,

declared that tenure of present Executive Committee shall be computed

in accordance with original Electoral Cycle i.e. July 2021 and not from

July 2023. Mr. Lobo would further submit that Executive Committee

never took charge of Association in pursuance to election 10.08.2021, as

dispute was erupted regarding elections of prime post of President, Vice

President, Secretary and Treasurer and interim orders were passed by

Delhi High Court on representation of respondents that Executive

Committee has not taken charge. In support of his contentions, he relies

upon observations of High Court of Allahabad in case of Committee of

Management A. K. College, Shikohabad and Another Vs. State of U.P.
                                  (5)                        wp-792-2026.odt



and Others1 and observations of Supreme Court in case of Ram Pyare

Chaudhary and Another Vs. State of Uttar Pradesh and Others2.


6.          Per contra, Mr. Shirodkar, learned Additional Government

Advocate and Mr. Naik, learned Advocate appearing for respondent No.

2 support impugned order. Mr. Naik endeavours to contend that in

terms of Rule 11 (ii), Executive Committee is deemed to have taken

charge of affairs of Society.           The results of election of Executive

Committee were declared on 10.08.2021.               Immediately thereafter,

previous committee had given up charge and election meeting was

conducted, minutes of which stipulates about handing over of charge to

newly elected Committee members.


7.          Having considered submissions advanced by learned Advocates

appearing for respective parties and on perusal of record tendered into

service, questions that arises for consideration in present writ petition

are that:

     “(i)     Whether term of Executive Committee in charge of affairs of

     Association begin from 10.08.2021 or from July 2023?”.


     “(ii) Whether respondent no. 1/Registrar is justified in holding

     that term of Executive Committee of Association is governed by

     Constitutional Electoral Cycle?”.
1    2000 SCC OnLIne All 1386.
2    (1982) 1 SCC 671.
                               (6)                      wp-792-2026.odt



8.    Undisputedly, Goa Chess Association is registered under

Societies Registration Act, 1860 having its own Memorandum of

Association and Constitution, which is lastly amended on 08.01.2017.

Clause 12(a)(ii) reads thus:

      “12. Meetings of the Association:
      a.     -------
      ii.    Election of the President, four Vice Presidents
      representing two district i.e. North Goa and South Goa,
      Secretary, Four Joint Secretary representing each district i.e.
      North Goa and South Goa, Treasurer and Joint Treasurer for
      term of 4 years. For the purpose of this clause, North Goa
      district and South Goa District as per the Government of Goa
      District Separation shall be considered.”

9.    Clause 16 (ii) of Goa Chess Association Constitution reads thus:

      “16 (ii).    The Executive Committee shall take charge of
      the Office of the Association immediately after the holding of
      the Election meeting and General Body Meeting and shall
      continue to hold office of the Association for the term of four
      years.”

10.   The Rules and Regulations have been enforced under Clause 3 of

the Constitution of Association. Rule 11 of Goa Chess Association

Rules and Regulations deals with Management. Rule 11 (a) stipulates

as under:

      “11(a).      The affairs of the Association shall be managed
      by an Executive Committee elected at the Annual General
      Body meeting which shall consist of a President, 4 Vice
      presidents, hon. Secretary, Treasurer, 4 Joint Hon.
      Secretaries, Joint Treasurer and one delegate from each
      affiliated Taluka Association duly authorized in writing by
      the said Taluka Association.”
                               (7)                      wp-792-2026.odt



11.   Rule 11(b)(ii) states that “Committee shall take office

immediately after conclusion of election, Annual General Meeting and

shall continue to act for period of four years.”


12.   The cumulative reading of aforesaid Clauses of Constitution and

Rules and Regulations of Association suggest that election cycle as such

is not prescribed either under Constitution or Rules and Regulations of

Association. It simply contemplates that Executive Committee shall

take charge of office of Association immediately after holding of

election meeting and Annual General Body meeting and shall continue

to hold office of Association for term of four years. Plain reading and

simple interpretation of constitutional mandates regulated by Rule and

Regulations of Association connotes term of Executive Committee shall

be four years from date of taking charge of office. It is true that

Executive Committee is expected to assume charge of office of

Association immediately after holding of election meeting and Annual

General Body meeting.


13.   In present case, although elections of the Association were held

on 10.08.2021, there is nothing on record to show that Executive

Committee had actually assumed charge of business of Association.

Admittedly, complaint was made to Ethics Commission alleging

illegality in election process and action of Returning Officer rejecting

nominations of contesting candidates. The Ethics Commission vide
                              (8)                       wp-792-2026.odt



order dated 19.10.2021, set aside elections of office bearers. The order

of Ethics Commission was challenged with Appellate Authority i.e. All

India Chess Federation, who dismissed appeal upholding order of Ethics

Commission. The Writ Petition (C) No.15097/2021 was filed against

said orders before Delhi High Court, wherein respondent no.2

categorically stated on oath that illegally elected Committee pursuant to

declaration of Returning Officer dated 10.08.2021 had not taken charge.

In this backdrop, if respondent no.2 has categorically represented on

oath before Delhi High Court that Executive Committee never assumed

charge of Association, he is estopped from contending that term of

Executive Committee commenced in year 2021.


14.   It is not in dispute that re-election of prime post of President,

Vice-President, Secretary and Treasurer took place in year 2023 and

Executive Committee actually started its functioning w.e.f. 23.07.2023.

In light of provisions under Constitution of Association, term of

Committee of the Management starts from date it takes charge of

Association and would continue to hold office for period of four years.

In similar circumstances, Supreme Court of India in case of Ram Pyare

Chaudhary and Another (supra) observed in facts of that case as under:

        “It is thus an admitted position that even though the poll
        was held on September 11, 1978, on account of the
        injunction granted by the Court, the result was declared on
        January 28, 1980. On the very next day, i.e. January 29,
        1980, first appellant was elected as Chairman of the
        Federation. Once it is admitted that the result was
                                  (9)                        wp-792-2026.odt



            declared on January 28, 1980, the term of the members of
            the committee of the management would commence from
            the co-operative year July 1, 1979, ending with June 30,
            1980, and including this year the term would be of three
            years. Therefore, obviously the term would expire on June
            30, 1982.”

15.      In light of aforesaid exposition, in facts of present case, term of

four years of Committee of management to be reckoned from July 2023,

when they were actually declared elected and assumed charge of affairs

of Society.


16.      In result, Writ Petition is allowed in terms of prayer Clause (a).


17.      Rule is made absolute in above terms.


                                            (S. G. CHAPALGAONKAR)
                                                     JUDGE
Devendra/August-2026