The Kerala High Court has set aside the Kerala State Sports Council’s decision cancelling the recognition of the Chess Association of Kerala, holding that the action was taken in violation of the principles of natural justice. The Court also quashed the Council’s decision constituting a Technical Committee to manage chess activities in the State, observing that such a committee could not be appointed without prior consultation with the All India Chess Federation (AICF).
Justice Bechu Kurian Thomas observed that although numerous complaints had been received against the Association, the Sports Council failed to furnish copies of those complaints and the supporting documents before withdrawing its recognition. The Court held that non-disclosure of the material relied upon by the authority was fatal to the proceedings and deprived the Association of an effective opportunity to defend itself.
The Court further found that the Council had denied the Association a meaningful hearing by insisting on the personal appearance of a former office-bearer against whom allegations had been made, while refusing to hear the Association through its existing Secretary. It held that the proceedings were against the Association and not against an individual, and therefore the Association itself was entitled to be heard before any adverse decision was taken.
The High Court also held that the order cancelling recognition was unsupported by reasons. Merely referring to statutory provisions under Section 31A of the Kerala Sports Act, 2000, without discussing the factual basis or evidence for the findings, could not justify withdrawal of recognition. The procedure adopted by the Sports Council was described as patently illegal and perverse.
On the issue of the Technical Committee, the Court held that Section 31A(4) of the Kerala Sports Act mandates prior consultation with the National Federation before constituting such a committee. The Sports Council had merely informed the AICF after taking the decision, which did not amount to the consultation required by law. Consequently, the communication constituting the Technical Committee was also quashed.
The Court directed the Sports Council to conduct a de novo inquiry, furnish the Association with copies of all complaints and connected records, and pass fresh orders after strictly complying with the principles of natural justice, including granting an opportunity of hearing to all affected parties. It also held that the Association’s suspension, which had continued since 2017, could not be allowed to continue indefinitely. Observing that prolonged suspension would seriously prejudice the sport of chess in Kerala, the Court permitted the present elected body of the Chess Association of Kerala to continue functioning until a fresh decision is taken by the Sports Council.
