CHENNAI: The Madras High Court has upheld a single judge order disqualifying the chess associations of Kerala, Chhattisgarh, Lakshwadeep, Jammu and Kashmir, Rajasthan and Uttar Pradesh, and has also ruled that the registration of the All India Chess Federation (AICF) at Kozhikode in Kerala is invalid.
Passing orders on a batch of appeals, a Division Bench comprising Justice P. Sathasivam and Justice J.A.K. Sampathkumar said that when the AICF was registered in 1958 in Chennai under the Societies Registration Act there could be only one AICF in India entitled to having communication with the FIDE.
Invalidating its re-registration at Kozhikode, the Bench said, "the AICF at Chennai as per the registration number 125/58 is valid as on date, though the registration was cancelled on December 17, 2005 due to some reasons, and the same was set aside by the Inspector-General of Registration here. The AICF headquarter will be at Chennai."
The matter relates to the appeals against a December 16, 2006 order of a single judge holding that the annual affiliation fee paid by 25 out of 32 members to one D.V. Sundar at Chennai was legal and that it was in accordance with the bylaw. Among other things, he also held that the decision of the former Judge of Madras High Court, A.K. Rajan, disqualifying some state associations was legal and that the appointment of Mr. Sundaram as secretary by N. Srinivasan on February 23, 2005 was valid.
Dismissing the appeals, the Bench said, "we are satisfied that there is no error committed by the single judge both factually and legally, and hence the order is confirmed." The Bench also made it clear that any amount spent out of the AICF funds towards this litigation would have to be reimbursed to the AICF forthwith.
It also directed two of the respondents to submit accounts for withdrawal of AICF funds between April 16, 2005 and May 5, 2005 to the AICF at Chennai.
Anticipatory bail for Koya
Meanwhile, Justice K.N. Basha of the Madras High Court granted anticipatory bail to the AICF secretary, P.T. Ummer Koya, on a complaint of illegal withdrawal of federation money. In his order, the Judge said that since the matter was stated to have taken place in 1991 and that there existed a civil dispute between Mr. Koya and the complainant no custodial interrogation of Mr. Koya was required.
"Considering the facts and circumstances of the case, Mr. Koya shall be enlarged on bail in the event of arrest or on him surrendering before the court and executing a bond for a sum of Rs. 25,000 together with two sureties each for a like sum each to the satisfaction of the XI Metropolitan Magistrate in Saidapet, Chennai." He is required to appear before the Central Crime Branch police daily at 5.30 p.m. for a period of one week.