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2023 Supreme(Del) 1778

PURUSHAINDRA KUMAR KAURAV
Kishor Bandekar, Secretary, Goa Chess Association – Appellant
Versus
Mahesh Candolkar – Respondent


Advocates appeared:
Mr.Nikhil Nayyar, Senior Advocate with Mr. Ashwin Bhobe, Mr.Sangram Singh R.Bhonsle, Ms. Samridhi S.Jain, Mr. Nrupal Dingankar, Mr. Pushkara A. Bhonsle and Mr. Riwaj Rai and Mr. Naman Sherstra, Advocates, for the Petitioner.
Mr.J. Abru Lobo and Mr. Ivo D.Costa, Mr.Gajendra Singh Negi, Advocate and Mr.Sanjay K.Chadha, Advocates, for R-1 to 4.

JUDGMENT

1. The petitioners in the instant writ petition seek to challenge the validity of the impugned order dated 14.12.2021 passed by the Appellate Authority (hereinafter `AA') of the All India Chess Federation New Delhi (hereinafter `AICF') affirming the decision passed by the Ethics Commission (hereinafter `EC') dated 14.12.2021, whereby the decision passed by the Presiding Officer (hereinafter `PO') dated 10.08.2021 rejecting the candidature of respondent nos.1 to 4, was set aside.

2. The facts of the instant case would indicate that the Goa Chess Association (hereinafter `GCA') which is registered under the Societies Registration Act, 1860 is a State level sports federation which is affiliated to AICF as well as to the Sports Authority of Goa (hereinafter `SAG').

3. The GCA is governed by its Memorandum of Association (hereinafter `MoA') and the Rules and Regulations approved by the general body of the GCA.

4. On 08.01.2017, a special general body was conducted, whereby, an increase in the posts of the Executive Committee was approved from seven to twelve. Accordingly, on 08.01.2017 itself, the constitution of the GCA was amended, increasing the posts of the Executive Co

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