The Court dealt with a petition challenging the election of Respondent No. 4 as the President of the Goa Football Association (GFA). The Petitioner contested the election process, alleging that Respondent No. 4, who was elected, suppressed information about a pending criminal case that should have disqualified him under the GFA Statutes. The Court closely examined the interpretation of Article 27 of the GFA Statutes, which outlines the grounds for disqualification of an Executive Committee member, specifically focusing on clauses related to providing false declarations and being charged with non-bailable offenses.

1. Parties Involved:

• Petitioner: Contested the election for the post of President of GFA.
• Respondent No. 1: All India Football Federation.
• Respondent No. 2: Goa Football Association (GFA).
• Respondent No. 3: The Returning Officer for the GFA election.
• Respondent No. 4: Elected President of GFA, challenged by the Petitioner.
• Respondent No. 5: Represented by the Additional Government Advocate.

2. Election Background:

• The election program for GFA's Executive Committee was announced by Respondent No. 2.
• Petitioner and Respondent No. 4 filed their nominations for the President's post.
• Petitioner later discovered that Respondent No. 4 was involved in a criminal case under Section 408 of IPC, a non-bailable offense.

3. Petitioner’s Allegations:

• The Petitioner alleged that Respondent No. 4 suppressed the fact that he was facing criminal charges.
• The Petitioner claimed that under Article 27(f) of the GFA Statutes, Respondent No. 4 was disqualified from contesting the election due to the criminal charges and the court's order to frame charges against him.

4. Respondent No. 4's Defense:

• Respondent No. 4 argued that charges were not formally framed and explained to him before the election.
• He further claimed that the charges were compounded, leading to his discharge from the case, and hence, no disqualification was incurred.

5. Court’s Interpretation of GFA Statutes:

• Article 27(f): Discusses disqualification if a member is charged by a court and charges are framed in a non-bailable offense.
• Article 27(b): Addresses disqualification for providing a false declaration in the nomination form.

The Court agreed with the defense that the mere filing of a chargesheet does not automatically disqualify a candidate unless the charges are framed and explained to the accused. Since Respondent No. 4 was discharged before charges were explained, the Court found no violation of Article 27(f).

6. Conclusion:

• The Court dismissed the Petitioner's claims, holding that Respondent No. 4 did not incur any disqualification under the GFA Statutes and that the election process was valid. The Court emphasized the need for precise interpretation of statutory provisions in election matters.

Outcome:

• The election of Respondent No. 4 as the President of the GFA was upheld, and the Petitioner's challenge was dismissed.