The Bombay High Court on Friday dismissed a petition filed by the Cycling Association of Goa, thereby permitting 66 individuals to be confirmed as members of the association. The court ruled that these individuals will be allowed to participate in the upcoming elections.
Background of the Case
The Cycling Association of Goa had approached the high court challenging the membership of these 66 persons. The association argued that the secretary had unilaterally accepted their membership forms and fees on behalf of the association without any resolution by the executive council.
Court's Observations
The High Court observed that the only reason to deny membership could be to restrict the electorate. It further noted that the rules and regulations of the association do not provide for a maximum number of members.
Public Duty of the Association
The court held: “The petitioner association, although a self-regulating body, performs a public duty by exercising its regulatory machinery, since its objects include sending representative teams to participate in cycling matches within and outside the association’s jurisdiction, as well as nominating its members to participate in state and national competitions.”
“Thus, to this extent, the petitioner association performs a public function. The respondents have a right to be admitted as members of the association once they fulfil the membership criteria set out in the association’s rules and regulations,” the high court stated.
Implications
With this order, the 66 individuals are now confirmed as members and can vote in the upcoming elections of the Cycling Association of Goa. The judgment reinforces the principle that associations performing public functions cannot arbitrarily deny membership.
