Age, tenure violations rock J&K Badminton Association leadership; High Court seeks detailed reply from sports council secretary

J&K high Court

In the much publicised Public Interest Litigation WP(C) PIL No.07/2025 titled Bakhtawar Singh & Ors. Vs UT of J&K & Ors. highlighting non-implementation of National Development Sports Code of India, 2011 and the directions passed in Rahul Mehra’s case by the High Court of Delhi in various Sports Associations in J&K including Badminton Association of J&K, a Division Bench of High Court of J&K and Ladakh at Jammu comprising the Chief Justice Arun Palli and Justice Rajnesh Oswal after expressing its displeasure  over the non-compliance of Sports Code, 2011 by the J&K Sports Council particularly in the affairs of Badminton Association of J&K directed that considering the sensitivity of the matter, a comprehensive affidavit is required to be filed by Secretary, J&K Sports Council and accordingly time was allowed to Advocate Anshuja Tak to file the same by or before the next date of hearing.

          When this PIL of wide public importance came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocates Supriya Chouhan and M.Zulkarnain Chowdhary appearing for the petitioners submitted that the instant PIL is a classic example of violation of the mandatory provisions of the Sports Code, 2011 framed by the Parliament of India. He further submitted that the last elections of Badminton Association of J&K were held on 06.03.2022 and the Sports Council of J&K had appointed Divisional Sports Officer, Jammu as Observer who on 21.04.2022 submitted a report wherein he highlighted that there was no ballot box to cast votes, no record pertaining to age, tenure of office bearers before this election, non-affiliation of the Members with other Associations and Non-Political Affiliation Certificates besides NOCs from concerned departments were made available to justify the election proceedings and some of the elected officer bearers were found active members of the Political Parties.

         Advocate S.S.Ahmed vociferously argued that despite Observer’s report dated 21.04.2022, the Secretary J&K Sports Council preferred to remain silent and did not initiate any action against the office bearers who had incurred disqualifications in view of mandatory guidelines under Sports Code, 2011. 

         Advocate S.S. Ahmed further submitted that notice in the instant PIL was issued on 08.09.2025 and the office bearers of Badminton Association of J&K apprehending action against them and in furtherance of the same, the President of the Association Chander Prakash Sharma (Ganga) who is aged above 70 years and a Former Cabinet Minister and presently MLA Vijaypur and B.S. Jamwal who is aged above 70 years and General Secretary voluntarily tendered their resignations in light of the age limit provisions under the Sports Code, 2011 and these resignations were duly accepted by the Executive Committee of the Badminton Association of J&K in its meeting held on 09.11.2025.

         Advocate S.S. Ahmed strenuously argued that a particular group has hijacked the Badminton Association of J&K for the last several decades and attention of the Division Bench was drawn to the affidavit in support of the objections filed by Dr. O.D. Sharma aged 80 years, Chairman, Badminton Association of J&K.

        Advocate Ahmed further pointed out that even the Vice-Chairman Dr. Satish Chander has crossed 70 years of age but both of them are still continuing and holding the positions of Chairman and Vice-Chairman of Badminton Association of J&K.

At this stage, the Division Bench headed by the Chief Justice Arun Palli in the open court expressed its deep anguish over the ex-facie violations and non-compliance of the Sports Code, 2011 by the Badminton Association of J&K and prima facie, the silence adopted by the Sports Council of J&K.

       Advocate S.S. Ahmed further pointed out that the new General Secretary namely Raju Sharma is a Govt. Employee and as per Sports Code, 2011 read with SRO 164 of 1980 and circular dated 10.02.2025, no Govt. Employee except with the prior permission of Govt. shall hold or continue to hold any office in any Sports Association of the J&K or National Sports Federation/Association.

         Advocate Ahmed further pointed out that Rahul Sharma who is Assistant General Manager, RBI, Guwahati is the Joint-Secretary of the Association elected in violation of the SRO-164 of 1980 referred herein above.

          On the other hand, Advocate Anshuja Tak appearing for the Sports Council submitted that the Sports Council is committed to implement the Sports Code, 2011 and has so far supervised/conducted the elections of 34 Sports Associations in J&K and she had been the Returning Officer and the elections were conducted strictly in accordance with Sports Code, 2011. She further submitted that the pleas raised in the court today will be addressed by filing a comprehensive affidavit of Secretary, J&K Sports Council.

          After hearing the matter at length, the Division Bench framed five issues/questions for determination by the Division Bench and one of the important questions are whether J&K Sports Council has failed in its regulatory duty to enforce the Sports Code, 2011.

       The Division Bench looking into the sensitivity of the matter, directed Advocate Anshuja Tak to file a comprehensive affidavit of Secretary, J&K Sports Council before the next date of hearing i.e. 21.04.2026. Advocate Ankush Manhas appeared on behalf of Badminton Association of J&K and Advocate Amjid Maqbool appeared on behalf of Badminton Association of India whereas Assisting Counsel Sagira Jaffer appeared vice Sr. AAG Monika Kohli for UT of J&K.