Kerala High Court restores recognition of Chess Association Kerala

The Kerala High Court recently set aside the Kerala State Sports Council's decision to withdraw the recognition of the Chess Association Kerala [The Chess Association Kerala v The Kerala State Sports Council & ors and connected cases]..By a July 27 ruling, Justice Bechu Kurian Thomas found that the association was denied a fair hearing before the sports council decided to withdraw its recognition.The Court held that the sports council could not withdraw the association's recognition without first providing it with copies of the complaints and supporting documents cited in them. "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," the Court observed..It concluded that the council violated the principles of natural justice and failed to comply with Section 31A(2) of the Kerala Sports Act, 2000, which permits the withdrawal of recognition of a sports organisation only after giving it an opportunity of being heard.The Court, therefore, quashed the de-recognition order. It directed the sports council to conduct a fresh inquiry.In the meantime, the Chess Association Kerala's functioning was restored and its earlier suspension lifted. The association can continue functioning through its elected committee, the Court said. The Court passed the directive after noting that the association had remained suspended for nearly eight years, and that continuing its suspension would affect the interests of chess players in the State..The verdict was delivered by the Court on three writ petitions concerning the cancellation of the Chess Association Kerala's recognition, the constitution of a technical committee by the State sports council and the All India Chess Federation's (AICF) refusal to recognise that committee.The dispute dates back to 2017, when complaints alleging irregularities in the functioning of the Chess Association Kerala prompted the State sports council to suspend its recognition.While the suspension remained in force, the council constituted a technical committee to conduct chess tournaments and manage the affairs.The council later sought the AICF's approval. However, it refused to recognise the committee and instead directed that the affairs should continue to be managed by the association, which was affiliated to the AICF.In July 2024, the sports council went a step further and withdrew the chess association's recognition altogether. The association then challenged the council's decisions before the High Court.The association argued that the order cancelling its recognition was passed without supplying copies of the complaint or documents relied upon by the council. The association added that it was not properly heard. The council had insisted on the personal appearance of its former secretary, Rajesh R, instead of permitting the association's present office-bearers to represent it..The Court found merit in these arguments. It held that there was no justification for the council's refusal to hear the association's present secretary or elected representatives.The Court also found that the order withdrawing recognition was legally unsustainable for being an unreasoned order. The order merely cited the statutory provisions without recording any independent findings on the allegations against the association, the Court observed. "Mere reference to the provisions cannot be a substitute for conclusion on the factual allegations," the Court held. .The Court proceeded to quash the council's decision to set up a technical committee as well. On this aspect, it flagged a violation of Section 31A(4) of the Kerala Sports Act, 2000. This provision requires the State sports council to consult the national federation before appointing a technical committee, not just inform about the decision to constitute such a body."There is nothing to indicate that there was any prior consultation before such a Committee was appointed ... The procedure adopted by the Council in constituting the Technical Committee is therefore illegal," the Court held. .Advocates Dinesh R Shenoy, Silesh S Prabhu and Jomol Pius appeared for the Chess Association Kerala.Standing counsel Latha Anand appeared for the Kerala State Sports Council.Advocate Thomas Abraham appeared for the All India Chess Federation. Government Pleader Laya Mary Joseph appeared for the State. .[Read Judgment]