RAJEEV SHARMA vs UNION OF INDIA TH SECRETARY MINISTRY OF YOUTH AFFAIRS AND SPORTS NEW DELHI AND OTHERS
- Court
- Jammu and Kashmir High Court
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Pronounced on : 19.09.2026
Uploaded on : 19.09.2026
Whether the operative part or full
judgment is pronounced : Full
Case:- WP(C) No. 103/2025
Rajeev Sharma
…. Petitioner
Through: Mr. Amit Gupta, Advocate,
Mr. Gaurav Sadotra, Advocate &
Mr. Sumit Moza, Advocate
Vs
Union of India and others
.…. Respondents
Through: Mr. Vishal Sharma, DSGI for R-1.
Mr. M. K. Bhardwaj, Sr. Advocate with
Mr. Gagan Kohli & Mr. Abhinav Sharma,
Sr. Advocate with Mr. Ajay Vaid, Advocate
for R – 3, 5, 6 & 8.
Ms. Anshuja Tak, Advocate for R-4.
Mr. Vikas Magotra, Advocate for R- 9 & 13
to 18.
Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
JUDGMENT
01. “ It is high time we recognize that sporting
facilities and opportunities and material resources of the
community and their organizers are the institutions of the
national life . As places of public resort, sporting institutions
and bodies must remain accessible, not just for pursuing sport,
WP(C) No. 103/2025 Page 1 of 51
but also for its administration. It should be the deeper Sadhana
(endeavour) of the State, and it is also our Constitutional duty
to ensure that sporting facilities and opportunities flourish with
institutional efficiency, integrity, professionalism and expertise”
is the opening edict of the Hon’ble Supreme Court of India in
the case of “All India Football Federation Vs Rahul Mehra
and others,” 2025 INSC 1131 under the aegis of which this
Court is undertaking the adjudication of this matter which
relates to the respondent No. 3 – J&K Olympic Association, an
umbrella organization of all the sports in the UT of Jammu and
Kashmir in the context of purity and legality of its structure &
set up, election process and also of its constitution so as to
figure out as to whether it meets the standard of institutional
efficiency, integrity, professionalism and expertise as envisaged
by the Hon’ble Supreme Court of India by reference to the
sports bodies of and in India.
02. As the High Court of Delhi came to be harbinger of
palliative adjudication setting course correction with respect to
functioning of Sports' Associations so as to make sportspersons
real and actual beneficiaries, a like situation has also come to
present itself related to very state of functioning of the Jammu
& Kashmir Olympic Association which, in turn, is tied up
with present and future of sportspersons of UT of J&K, thereby
placing an onerous responsibility on this Court to examine
WP(C) No. 103/2025 Page 2 of 51
things, both in detail and depth, to come up with an
adjudication which, in all intent and purposes, is meant to be
in long term interest and benefit of all stakeholders, and in
particular of sportspersons of UT of J&K.
03. The cause of action for the petitioner to come forward
with the present writ petition, instituted on 14.01.2025,
accrued when pursuant to impugned election process, the
respondents No. 6 to 18 came to be declared elected as
president, vice-president and other office bearers as well as
executive members of the respondent No. 3 – J&K Olympic
Association for a term of next four years, in terms of a
purported notification dated 15.12.2024 issued by the
respondent No. 5-Chander Shekhar Gupta (Advocate) who
purportedly acted and discharged the office of returning officer
for the election of the respondent no.3- J&K Olympic
Association.
04. The factual chronology of the case falls for its
introduction to serve as the perspective in the light whereof the
adjudication of the issues involved in the present writ petition
is to be undertaken by this Court.
05. As being an outgoing General Secretary of the
respondent No. 3 – J&K Olympic Association, the respondent
No. 6 – Dushyant Sharma came forward with a paid
WP(C) No. 103/2025 Page 3 of 51
advertisement notice published in a Daily Excelsior newspaper
on 04.11.2024 which is annexed with the writ petition as
annexure-VI (paper-book page-321) and which reads as under:-
NOTICE
This is for the information of all the J&K
Sports Association affiliated to J&K Olympic
Association that the election of the Association is
due and will be conducted in the near future.
J&K Olympic Association is to initiate the process
of conducting elections. In this connection, all the
J&K Sports Associations affiliated with J&K
Olympic Association are requested to send the
names of the one representative having signature
of the President and Secretary to finalize the
Electoral-Collage within one week of the
publication of this notice.
J&K Olympic Association
06. As is obvious, this notice, by its own reference, did not
spell out any time schedule, be it with respect to date of
election, date of sending the names of representatives by the
affiliated Sports Associations of UT of J&K. So much so, to
whom said names were to be sent and by which mode and also
which was to be the venue of election, all remained unsaid in
this notice. The notice even did not bear any reference with
respect to the issuing authority.
07. So much so, the purported notice of election did not
even enlist the affiliated sports associations for whose
consumption the purpose of issuance of notice was meant.
WP(C) No. 103/2025 Page 4 of 51
08. Thus, very inception of so called election process by
reference to the respondent No. 3 – J&K Olympic Association
came up in a very surreptitious manner about which this Court
has no hesitation in observing so considering the fact that the
election of a Sports Body/Organization is meant not to be a
stealth exercise.
09. The issuance and publication of notice aforesaid
obviously was meant to do a formality for the name-sake. The
published notice did not divulge as to whether the decision to
go ahead with the election declaration was made by the
outgoing Executive Committee of the respondent No. 3 – J&K
Olympic Association or was a call taken by the respondent No.
6 – Dushyant Sharma as an outgoing General Secretary on his
own.
10. Record produced for the perusal of this Court related
to election exercise also does not bear any such reference as to
a decision of Executive Committee of the respondent No. 3 –
J&K Olympic Association having taken a decision leading to
issuance of notice in Daily Excelsior on 04.11.2024 .
11. While the notice of election came to be published on
04.11.2024 , on the same very date, the respondent No. 6 –
Dushyant Sharma, as an outgoing General Secretary, had
addressed a hand written letter dated 04.11.2024 , without any
WP(C) No. 103/2025 Page 5 of 51
reference number, to the respondent No. 5 – Chander Shekhar
Gupta (Advocate), thereby, apprising him that on the directions
of the President of the respondent No. 3 – J&K Olympic
Association, the respondent No. 5 – Chander Shekhar Gupta
(Advocate) has been appointed as a Returning Officer for
conducting the desired elections on 15.12.2024 .
12. However, the respondent No. 6 – Dushyant Sharma,
after a gap of fifteen days, came up with a letter dated
19.11.2024 , that also without any reference number,
purportedly addressed to the President/ Secretary General of
affiliated associations, without bearing any individual
reference, thereby meaning to inform that General Body
Meeting of the respondent No. 3 – J&K Olympic Association
was to be held on 15.12.2024 at Amar Singh Club, Jammu at
3.00 p.m. for which one representative from an affiliated sport’s
association is to attend for the agenda of the meeting to pass
the minutes of the last meeting, to elect the office bearers for a
new term and any other business with the permission of the
Chair.
13. This letter also seems to be a pseudo communication
for the purpose of record making rather than for the purpose of
actual communication.
WP(C) No. 103/2025 Page 6 of 51
14. On the basis of said written letter dated 04.11.2024
of the respondent No. 6 – Dushyant Sharma, as an outgoing
General Secretary of the respondent No.3 J&K Olympic
Association, the respondent No. 5 – Chander Shekhar Gupta
(Advocate), by reference to his purported appointment as
returning officer, came to dawn upon himself the authority to
undertake and conduct election process for which he was given
date of election to be 15.12.2024 at the venue of Amar Singh
Club, Jammu. The date and venue of election was already
notified in letter dated 04.11.2024 of the respondent No. 6 –
Dushyant Sharma, outgoing General Secretary without even
first taking consent and confidence of the respondent No. 5 –
Chander Shekhar Gupta (Advocate) as a returning officer.
15. The handwritten text of aforementioned letter dated
04.11.2024 of the respondent No. 6-Dushyant Sharma,
outgoing general secretary, is reproduced herein under:-
“ Ref. No. Dated 4.11.2024
To.
Sh. Chander Shekhar Gupta,
Advocate.
Dear Sir,
It is brought to your notice that on the directions of the
President, J&K Olympic Association you have been appointed as
Returning Officer for conducting the Elections of the Association to be
th
held on 15 of Dec., 2024 at Amar Singh Club at 3 p.m. sharp for a
term of 4 years.
Copy of the constitution and list of affiliated units of the
Association is enclosed.
Yours sincerely,
WP(C) No. 103/2025 Page 7 of 51
sd/-
(Dushyant Sharma)
Hony. Gen. Secretary”
16. Resultantly, without any formal response of
acceptance of said office in response to said letter dated
04/11/2024, the respondent No. 5 – Chander Shekhar Gupta
(Advocate), on 27.11.2024 by introducing himself as a
returning officer of J&K Olympic Association, issued a letter to
the General Secretaries of all un-named affiliated units of J&K
Olympic Association.
17. In said very letter, names of twenty five (25) Sports
Associations were then scribed in pen to fetch
acknowledgement of receipt of letter dated 27.11.2024.
However, aforesaid letter dated 27.11.2024 bears a reference of
accompanying enclosure of 9 leaves comprising of 2 proforma
nomination forms, election schedule and rules of elections. In
this compilation is found mentioned a list of 25 electoral-
collage members, and 4 Associate Members without voting
right.
18. In terms of letter dated 27.11.2024 , the General
Secretaries of all the respective affiliated units/associations
were purportedly apprised of the scheduled elections of J&K
Olympic Association, 2024 for a term of next four years.
WP(C) No. 103/2025 Page 8 of 51
19. The respondent No. 5 – Chander Shekhar Gupta
(Advocate), in his six page election note, came to set out the
election rules, composition of executive committee, manner of
election, electoral college with voting right, associate members
with no voting rights, nomination of candidates, scrutiny of
nominations, withdrawal of candidatures, uncontested returns
and contested elections, poll, counting of votes & declaration of
results. The following schedule was issued by him relating to
the conduct of the election:-
OFFICE OF THE RETURNING OFFICER
Chander Shekhar Gupta Advocate Jammu
Annexure II
Jammu and Kashmir Olympic Association Election-2024
Election Schedule
Final Notification of Electoral Roll 01.12.2024
Submission of Nomination Forms 02.12.2024 to 05.12.2024
Publication of List of Nomination Papers
received
06.12.2024
Scrutiny of Nomination Papers 07.12.2024
(04.00 PM to 07.00 PM)
Display of Valid Nomination Papers 10.12.2024
Withdrawal of Nominations 12.12.2024 (Upto 04.00 PM)
Display of Final List of Contesting
Candidates
13.12.2024
Election/Polling if Necessary 15.12.2024
Declaration of Election (Results) 15.12.2024
Place:- Jammu
Dated : 27-11-2024 sd/-
Chandershekhar Gupta (Advocate)
Returning Officer
J&K Olympic Association
20. The electorate comprised of one member each from the
affiliated sport association/unit so as to constitute electoral-
collage. Twenty five (25) affiliated sports associations, which are
enlisted below, nominating one member each from their
WP(C) No. 103/2025 Page 9 of 51
respective end led to the constitution of the electorate for the
purpose.
21. The petitioner was nominated as a representative of
the affiliated Archery Association of J&K.
22. The electorate which came to be so composed out of
25 sports associations’ representatives was twenty five (25)
members.
Electoral Collage with voting right
1. Archery Association of J&K
2. J&K Amateur Athletics Association
3. Basketball Association of J&K
4. Body Building Association of J&K
5. J&K Amateur Boxing Association
6. J&K Badminton Association
7. Gymnastics Association of J&K
8. J&K Amateur Kabaddi Association
9. J&K Judo Association
10. J&K Kho-Kho Association
11. Table Tennis Association of J&K
12. Modern Pentathlon Association of J&K
13. J&K Lawn Tennis Association
14. J&K Rifle Association
15. Rope Skipping Association of J&K
16. J&K Rugby Association
17. Hockey Jammu and Kashmir
18. Wrestling Association of J&K
19. Weightlifting Association of J&K
20. Wushu Association of J&K
21. J&K Roller Skating Association
22. Volleyball Association of J&K
23. J&K Yoga Association
24. Taekwondo Association of J&K
25. Pencak Silat Association of J&K
WP(C) No. 103/2025 Page 10 of 51
23. In the face of the process so set into effect, on
28.11.2024 , Kuldeep Kumar Gupta, an executive member of
the outgoing Executive Committee of the respondent No.3-
Jammu & Kashmir Olympic Association and also as General
Secretary of the J&K Amateur Kabbadi Association, addressed
a written complaint to the respondent No.5- Returning Officer
Chander Shekhar Gupta (Advocate) reporting non-compliances
of National Sports Development Code of India (NSDCI),
2011 and other deficiencies and deviations in the exercise
related to scheduled election of the respondent No.3-Jammu &
Kashmir Olympic Association.
24. To said written objection of Kuldeep Kumar Gupta, the
respondent No.5- Returning Officer Chander Shekhar Gupta
(Advocate) made a reply dated 05.12.2024 therein coming up
to justify the ongoing election exercise of the respondent No.3-
Jammu & Kashmir Olympic Association.
25. The petitioner, as being a nominated representative of
Jammu & Kashmir Archery Association was proposed by two
voting members, namely, Ajay Sharma of Table Tennis
Association of J&K as serial number 11
and Kuldeep Gupta
of J&K Kabbadi Association as serial number 8 of the
electoral-college , for election for the post of President and came
to submit his nomination in Form No.2 dated 05.12.2024 .
WP(C) No. 103/2025 Page 11 of 51
26. The purported scrutiny of nomination papers was
conducted by the respondent No. 5 – Chander Shekhar Gupta
(Advocate), as returning officer, in presence of Sh. Bhupinder
Singh Tirthi , Shri Vikas Gupta & Shri Sharat Chander
Singh .
27. On 06.12.2024, the respondent No. 5- Chander
Shekhar Gupta (Advocate) documented Form-3 of Declaration
of the nominations for the post of office bearers and members
of the Executive Committee of the Jammu & Kashmir Olympic
Association, received from December 2 to 5, 2024 , which is
reproduced as under:-
FORM-3
OFFICE OF CHANDER SHEIKHAR GUPTA ADVOCATE, RETURNING OFFICER
OF J&K OLYMPIC ASSOCIATION
The following nominations for the posts of Office Bears and members of the
Executive Committee of the J&K Olympic Association have been received by the
undersigned from December 2 to 5, 2024 as detailed in the Schedule issued by
the undersigned:-
President
Name Proposed By Seconded by
1. Sh. Dushyant Sharma,
Dr. Nirmlok Singh
Sh. Kiran Wattal
S. No. 20
S. No. 3
S. No. 6
2. Sh. Rajeev Sharma
Sh. Ajay Sharma
Sh. Kuldeep Gupta
S. No. 2
S. No. 18
S. No. 11
Senior Vice President
Dr. Nirmlok Singh
S. No. 3
Proposed by
Sh. Surinder Deep Singh
Seconded by
Sh. Dushyant
Bakshi
S. No. 7
Sharma
S. No. 20
Vice Presidents
Kashmir
Er. Kiran Wattal
S. No. 6
Sh. Rajesh Dutta
Sh. Vikas Gupta
S. No. 5
S. No. 9
Sh. Vikas Gupta
S. No. 9
Sh. Kuldeep Jamwal
Sh. Amit Chib
S. No. 14
S. No. 15
General Secretary
WP(C) No. 103/2025 Page 12 of 51
Sh. Ajay Vaid
S. No. 24
Sh. Dushyant Sharma
Sh. Vijay Saraf
S. No. 20
S. No. 23
Sh. Ajay Sharma
S. No. 18
Dr. O. D. Sharma
Sh. B. S. Jaggi
S. No. 4
S. No. 12
Treasurer
Sh. Yudhvir Singh
S. No. 19
Sh. Ajay Vaid
Sh. Tarseem
S. No. 24
Sharma
S. No. 16
Sh. Kuldeep Kumar Gupta
S. No. 11
S. B. S. Jaggi
Sh. Rajeev Sharma
S. No. 12
S. No. 2
Joint Secretary
Mr. Farooq Ahmad
S. No. 17
Sh. Charan Singh Salathia
Sh. Harmeet Singh
S. No. 25
S. No. 17
Sh. Sharat Chander Singh
S. No. 1
Sh. Kuljeet Singh Jamwal
Sh. Rajesh Dutta
S. No. 8
Sr. No. 5
S. B. S. Jaggi
S. No. 12
Sh. Rajeev Sharma
Sh. Ajay Sharma
S. No. 2
S. No. 18
Executive Member
Sh. Rajesh Dutta
S. No. 5
Vinod Bhatia
Kuljeet Singh
S. No. 22
Jamwal
S. No. 8
Sh. Kuljit Singh Jamwal
S. No. 8
Sh. Sharat Chander Singh
Dr. Nirmlok Singh
S. No. 1
S. No. 3
Sh. Vinod Bhatia
S. No. 22
Sh. Yudhvir Singh
Supinder Deep
S. No. 19
Singh
S. No. 7
Sh. Harmeet Singh
S. No. 17
Sh. Tarsem Sharma
Sh. Ajay Vaid
S. No. 16
S. No. 24
Sh. Amit Chib
S. No. 15
Sh. Kiran Wattal
Sh. Sharat Chander
S. No. 6
Singh
S. No. 1
Sh. Tarsem Sharma
S. No. 16
Sh. Vijay Saraf
Sh. Kuldeep
S. No. 23
Jamwal
S. No. 14
Sh. Supinder Deep Singh
S. No. 7
Sh. Vikas Gupta
Vinod K. Bhatia
S. No. 9
S. No. 22
Dated- 06.12.2024 sd/-
Chander Sheikhar Gupta
Advocate
(Returning Officer)
28. On 07.12.2024 , the respondent No. 5- Chander
Shekhar Gupta (Advocate) came up with declaration with
nd th
respect to scrutiny of nomination forms received from 2 to 5
WP(C) No. 103/2025 Page 13 of 51
December, 2024 and scrutinized on 07.12.2024 and declared
those in order. This purported scrutiny was done in presence of
Bhupinder Singh Tirthi, Vikas Gupta and Sharat Chander
Singh reporting thereby that no fault was found in any of the
nomination papers and all the nomination papers were found
valid as per election rules but bearing a Corrigendum with
respect to invalidity of nomination paper of Mr. Farooq Ahmad
for the post of Joint Secretary on account of being not existing
in the Electoral-College.
29. A Communication No. SAC/124/8291-96 dated
09.12.2024 by the Secretary of the respondent No.4- J&K
Sports Council to the President/General Secretaries, All
Recognized Sports Associations, J&K UT, by reference to the
complaint of Sh. Kuldeep Kumar Gupta dated 28.11.2024 with
respect to objectionable conduct of elections of J&K Olympic
Association, came into being in which, communication as per
Secretary of the respondent No.4- J&K Sports Council, the
respondent No.3- J&K Olympic Association was shown to be a
de-recognized entity for non-compliance of the National Sports
Development Code of India Guidelines of J&K
as well as
Sports Council issued from time to time whereas all the Sports
Associations recognized by the J&K Sports Council were being
directed to adhere to National Sports Development Code of
WP(C) No. 103/2025 Page 14 of 51
India and J&K Sports Council’s Guidelines in relation to
conduct of elections.
30. The nominations came to be submitted in the
following chronology:
27.11.2024
Nomination paper of Dr. Nirmlok Singh for the post of Senior
Vice President, received on 03.12.2024.
27.11.2024
Nomination paper of Mr. Vikas Gupta for the post of Vice
President, without mentioning which region Jammu or Kashmir,
received on 02.12.2024.
27.11.2024
Nomination paper of Sharat Chander Singh for Joint Secretary,
received on 03.12.2024.
28.11.2024
Nomination paper of Ajay Vaid for General Secretary, received on
03.12.2024.
28.11.2024
Nomination paper of Mr. Kiran Wattal for the post of Vice-
President, Kashmir, received on 04.12.2024.
28.11.2024
Nomination paper of Yudhvir Singh for the post of Treasurer,
received on 04.12.2024.
28.11.2024
Nomination paper of Rajesh Dutta.
29.11.2024
Nomination paper for the post of President by the respondent
No. 6, received on 02.12.2024.
WP(C) No. 103/2025 Page 15 of 51
29.11.2024
Nomination paper of Farooq Ahmad for Joint Secretary, received
on 05.12.2024.
27.11.2024/28.11.2024/29.11.2024
Nomination papers of seven persons for the post of Executive
Member, all received against date
05.12.2024
Nomination paper of the petitioner for the post of President
received by Advocate Chander Sheikhar Gupta but without
putting date of receipt as against the nomination paper of the
respondent No. 6.
05.12.2024
Nomination paper of Ajay Sharma for the post of General
Secretary received without date.
05.12.2024
Nomination paper of Kuldeep Kumar Gupta for Treasurer,
without receipt date.
05.12.2024
Nomination paper of B. S. Jaggi for the post of Joint Secretary,
received without date.
31. It is stated that from the end of the respondent No. 2 –
Indian Olympic Association on the basis of a purported letter
dated 09.12.2024 by its President, one Dr. Madhu Kant
Pathak was deputed as an observer from the end of the
respondent No. 2 - Indian Olympic Association to oversee the
scheduled election of the respondent No. 3 – J&K Olympic
Association on 15.12.2024 .
WP(C) No. 103/2025 Page 16 of 51
32. On 12.12.2024, J&K Amateur Athletics Association
General Secretary Sharat Chander Singh’s withdrawal from the
contest of post of Joint Secretary came to take place and in
replacement of Sharat Chander Singh, J&K Amateur Athletics
Association nominated its President-Suneel Mahajan to
represent and participate in the election.
33. A final list of electoral college came to be declared on
13.12.2024 by the respondent No. 5- Chander Shekhar Gupta
(Advocate) which is reproduced as under:
S. No. Name of Sports Association Name of Representative
1. J&K Amateur Athletics Association Sh. Sunil Mahajan
2. Archery Association of J&K Sh. Rajiv Sharma
3. J&K Amateur Boxing Association Dr. Nirmolak Singh
4. J&K Badminton Association Dr. O. D. Sharma
5. Body Building Association JK Sh. Rajesh Dutta
6. Gymnastics Association of J&K Sh. Kiran Wattal
7. Hockey J&K Supinder Deep Singh
8. Basketball Association of J&K Sh. Kuljeet Singh
9. J&K Judo Association Sh. Vikas Gupta
10. J&K Kho-Kho Association S. Bhupinder Singh Tirthi
11. J&K Kabaddi Association Sh. Kuldeep Gupta
12. J&K Lawn Tennis Association S. B. S. Jaggi
13. J&K Modern Pentathlon Association Prof. Dr. Ashutosh Sharma
14. J&K Rifle Association Sh. Kuldeep Singh Jamwal
15. J&K Roller Skating Association Sh. Amit Chib
16. Rope Skipping Association of J&K Sh. Tarseem Sharma
17. J&K Rugby Association Harmeet Singh
18. Table Tennis Association of J&K Sh. Ajay Sharma
19. J&K Weightlifting Association Sh. Yudhvir Singh
WP(C) No. 103/2025 Page 17 of 51
20. Wrestling Association of J&K Sh. Dushyant Sharma
21. Volleyball Association of J&K Sh. Vijay Magotra
22. J&K Yoga Association Sh. Vinod K. Bhatia
23. Wushu Association Sh. Vijay Saraf
24. Teakwondow Association of J&K Sh. Ajay Vaid
25. Pencak Silat Association of J&K Sh. Charan Salathia
26. J&K Amateur Fencing Association Sh. Sanjay Gupta
27. Ju Jitsu Association of J&K Sh. Rakesh Sharma
28. Samblo Association of J&K Sh. Brijesh Bhau
34. On scheduled date of election four electors that is the
petitioner, Table Tennis Association of J&K’s representative
Ajay Sharma, J&K Kabbadi Association’s representative
Kuldeep Gupta and J&K Lawn Tennis Association’s
representative B. S. Jaggi registered their written protest on
15.12.2024 in participating in the election by pointing out
infirmities.
35. In terms of the purported casting of votes, the
respondent No.6 – Dushyant Sharma, being an outgoing
General Secretary, contesting for the post of President is said to
have polled 22 votes as against 1 vote polled in favour of the
petitioner.
36. The respondent No. 8 – Ajay Vaid contesting for the
post of General Secretary is said to have polled 22 votes as
against 1 vote polled in favour of one Ajay Sharma.
WP(C) No. 103/2025 Page 18 of 51
37. The respondent No. 9 – Yudhvir Singh contesting for
the post of Treasurer is said to have polled 21 votes as against
1 vote polled in favour of Kuldeep Gupta.
38. The respondent No. 10 – Dr. Nirmolak Singh is said to
have been elected unopposed without any contest.
39. The respondent No. 11 – Kiran Wattal and the
respondent No. 7-Vikas Gupta elected unopposed as Vice
Presidents, Kashmir & Jammu.
40. The respondent No. 12- B. S. Jaggi elected unopposed
as Joint Secretary, Jammu.
41. The respondents No. 13-Rajesh Dutta, No. 14-Kuljit
Singh, No. 15-Vinod Bhatia, No. 16-Amit Chib, No. 17-Tarseem
Sharma & No. 18-Supinder Deep Singh were declared elected
as 6 Executive Members.
42. Out of 28 electors, only 24 came to cast their ballots
whereas as four absentees were the petitioner, said Ajay
Sharma, Kuldeep Gupta and B. S. Jaggi.
43. The respondent No. 5- Chander Shekhar Gupta
(Advocate) came to issue final result of the election to the
following effect:-
President Sh. Dushyant Sharma
WP(C) No. 103/2025 Page 19 of 51
Sr. Vice President Dr. Nirmolak Singh
Vice President (Kashmir) Er. Kiran Wattal
Vice President (Jammu) Sh. Vikas Gupta
General Secretary Sh. Ajay Vaid
Joint Secretary (Jammu) Sh. B. S. Jaggi
Treasurer Sh. Yudhvir Singh
Executive Member Sh. Rajesh Dutta
Executive Member Sh. Kuljit Singh
Executive Member Sh. Vinod Bhatia
Executive Member Sh. Amit Chib
Executive Member Sh. Tarseem Sharma
Executive Member Sh. Supinder Deep Singh
44. It is the aforesaid outcome so declared on 15.12.2024
by the respondent No. 5 – Chander Shekhar Gupta (Advocate)
that the petitioner came forward with the present writ petition
challenging the entire course of action as illegal and sham
warranting to be set aside with conduct of a fresh election by
first putting the respondent No. 3 – J&K Olympic Association in
terms of its functioning in tune with the National Sports
Development Code of India, 2011.
45. Before this Court embarks to examine the challenge
being posed by the petitioner and resisted by the respondent
Nos. 6 to 19 as being the purportedly elected office bearers and
executive members of the respondent No. 3 – J&K Olympic
Association, this Court needs to bear understanding of legal
perspective related to the respondent No. 3 – J&K Olympic
Association and its parent body/organization and the
respondent No. 2 – Indian Olympic Association.
WP(C) No. 103/2025 Page 20 of 51
46. The respondent No. 3 – J&K Olympic Association is a
society in the field of sports originally registered under the
Jammu & Kashmir Societies Act, 1941.
47. Thus, as a society registered, the respondent No. 3 –
J&K Olympic Association came to have a memorandum of
association and the rules and regulations on the basis whereof
the very existence and continuity of the respondent No. 3 – J&K
Olympic Association is supposed to run its administration and
management for sub-serving the objectives as laid out in the
memorandum of association.
48. The constitution and continuity of the respondent No.
3 – J&K Olympic Association, as a registered society, is based
and meant to be on democratic principles in terms whereof the
election of management committee, executive committee, office
bears as the case may be to take place for better and
transparent administration and management of its affairs,
activities and assets so as to carry out the aims and objectives.
49. The Memorandum of Association of the respondent
No. 3 – J&K Olympic Association has three clauses. Clause 3
Sr. No. 1 to 14
defines aims and objects from .
50. The Rules and Regulations of the respondent No. 3 –
J&K Olympic Association has 21 clauses which are as under:-
WP(C) No. 103/2025 Page 21 of 51
1. Definitions and explanations.
2. Founder members.
3. Association year.
4. Membership.
5. Membership fees.
6. General meetings.
7. Special meeting
8. Executive Committee meetings.
9. Notices and Corum for meetings.
10. Elections.
11. Tenures of posts.
12. Holding of office.
13. Voting.
14. General Council.
15. Executive Committee.
16. Banking accounts.
17. Meeting of the Indian Olympic Association.
18. Powers, duties and functions of the office bearers.
19. Complaints/disputes of Members/Staff.
20. Powers, functions and duties. Amendment of the Rules
& Regulations.
21. General disciplinary regulations.
51. Clause 4 provides for membership of the respondent
No. 3 – J&K Olympic Association open to the affiliated State
Associations with one representative from each State Sports
Associations falling under the category of Olympic Games, one
representative from each State Sports Associations falling
under non-Olympic Games and one representative of each
District Olympic Associations and Jammu & Kashmir Civil
Services Sports Control Board or any other similar Board.
WP(C) No. 103/2025 Page 22 of 51
52. Clause 10 provides holding of election once in four
years at the general council meeting/special meeting to election
executive committee and the office bearers thereof.
53. The Executive Committee’s composition is as under:-
a) 1 President.
b) 1 Sr. Vice President.
c) 2 Vice Presidents (one each from Srinagar/ Jammu).
d) 1 General Secretary.
e) 1 Treasurer.
f) 2 General Secretaries (one each from Jammu/Srinagar)
and 7 members for Executive Committee.
54. Clause 11 provides for tenure of posts for four years
from the date of election with a scope for repeat of office
bearership for one or more term of four years on obtaining
simple majority votes of the members present and voting in the
elections.
55. Rule 15 vests the management of affairs of the
respondent No. 3 – J&K Olympic Association in its executive
committee. It is the executive committee nominated member/s
of the respondent No. 3 – J&K Olympic Association who then
represent the respondent No. 3 – J&K Olympic Association in
the respondent No. 2 – Indian Olympic Association meetings.
56. The respondent No. 3 – J&K Olympic Association is
affiliated with the respondent No. 2 – Indian Olympic
WP(C) No. 103/2025 Page 23 of 51
Association which in turn is also a registered society with a Pan
India administration and management related to sports to
which all State/ Union Territory Olympic Associations are
subscribed to.
57. It is under the umbrella of the respondent No. 2 –
Indian Olympic Association that participation of India in
different sports in the Olympic Games takes place.
58. The composition of the respondent No. 2 – Indian
Olympic Association is that it is comprised of all the different
National Level Sports Federations affiliated with it and that is
how different sports in India are being run and managed with
or without Central/State funding but under the reigns of the
respondent No. 2 – Indian Olympic Association.
59. The respondent No. 2 – Indian Olympic Association, as
a registered society, has also given to itself memorandum and
rules and regulations. The amended version upto November 2,
2022 is available with the present writ petition as annexure II
(Paper-Book page 44 to 75).
60. Some salient provisions of the Memorandum and
Rules & Regulations of the respondent No. 2 – Indian Olympic
Association are set herein next.
WP(C) No. 103/2025 Page 24 of 51
61. Clause 1 being definition clause defines Association
to mean “Indian Olympic Association” also known as
“I.O.A.” & “Bharatiya Olympic Sangh.”
62. Clause 1.2 defines “Member” as a member of the
respondent No. 2 – Indian Olympic Association.
63. Clause 3 of the Rules & Regulations of the respondent
No. 2 – Indian Olympic Association provides for “Membership”
which is available to all National Sports Federations affiliated to
International Sports Federations adhering to International &
National Sports Codes, National Sports Federations of
indigenous games, Indian citizens, who are members of
International Olympic Committee, 2 active athletes or retired
athletes having participated in the Olympic Games, 8 sports
persons of outstanding merit, State Olympic Associations ,
Union Territories Olympic Associations and Service Sports
Control Board.
64. Clause 5 provides for “Termination of Membership.”
65. Clause 11 of the rules & regulations of the respondent
No. 2 – Indian Olympic Association provides for executive
clause 11.1 to
council and the affairs related therewith from
11.1.10 .
66. Clause 11 provides for “Executive Council.”
WP(C) No. 103/2025 Page 25 of 51
11.1.1 mandates elections to be held at least once
every four years for constituting the Executive Council
from amongst the eligible members/representatives
office bearers to be elected are:-
1. President.
2. One Senior Vice-President.
3. Two Vice-Presidents.
4. Treasurer.
5. Two Joint Secretaries.
6. Six other Executive Council members.
7. Two representatives.
67. Clause 14 provides for tenure of posts of the office
bearers lasting for four years.
68. Clause 14.3 provides for cooling-off period of four
years.
69. Clause-14.4 provides disqualification for a member to
contest for the post of office bearer upon attaining age of 70 on
the election date.
70. Clause-14.5 provides prohibition for an office bearer
to hold office for more than three terms. Of the given three
terms no office bearer to hold more than one office bearer post
for more than two consecutive terms and, therefore, for a third
term there has to be a cooling-off period of four years.
WP(C) No. 103/2025 Page 26 of 51
71. An office bearer who has served three terms not to be
eligible to contest for any post of office bearer.
72. Every individual sports association of a given sport is
in turn affiliated to National Federation of that particular Sport.
73. Every National Sport Federation in turn is member of
IOA.
74. Thus by default, every Sport Association through its
respective National Federation is represented in the respondent
No. 2-Indian Olympic Association.
75. Now, the respondent No. 2-Indian Olympic Association
has every National Sport Federation in its membership and so
replicating the same model every State Olympic Association, by
its affiliation with the respondent No. 2-Indian Olympic
Association, has every State Sport Association its member.
76. Thus a given Sport Association is related to the
respondent No. 2 – Indian Olympic Association by dual
relationship one through its respective National Sport
Federation and second through State Olympic Association.
77. Though there is no legal compulsion of association or
affiliation but this is how symbiotic relationship obtains
between a given state level sport association with National level
WP(C) No. 103/2025 Page 27 of 51
particular Sport Federation and also with State Olympic
Association.
78. The petitioner comes forth with a recital in the writ
petition that the respondent No. 3 – J&K Olympic Association is
an affiliate of the respondent No. 2 – Indian Olympic
Association on the basis of which affiliation, the respondent No.
3 – J&K Olympic Association is obliged and bound to follow the
Memorandum, Rules & Regulations of the respondent No. 2 –
Indian Olympic Association in toto .
79. The respondent No. 2 – Indian Olympic Association is
said to be having Pan India jurisdiction including jurisdiction
with respect to the UT of Jammu & Kashmir in the context of
the respondent No. 3 – J&K Olympic Association.
80. It is stated in the writ petition that, as being a
registered society, the respondent No. 3 – J&K Olympic
Association is supposed to conduct its election in a fair and
transparent manner and also conduct its affairs with due
diligence but in actuality the affairs are alleged to be in a state
of malfunctioning at the dealing hands for the last so many
years and the reason for the liberty of carrying out the running
of affairs of the respondent No. 3 – J&K Olympic Association in
a malfunctioned state is on account of avoidance to apply and
follow National Sports Development Code as well as the
WP(C) No. 103/2025 Page 28 of 51
Rules & Regulations of the respondent No. 4 – J&K State
Sports Council .
81. It is pleaded in the writ petition that because of acts of
omission and commission, the respondent No. 3 – J&K Olympic
Association has even come to suffer de-recognition/de-
affiliation from the respondent No. 4 – J&K State Sports
Council but still it did not make any difference to the
respondent No. 3 – J&K Olympic Association to set its house in
order so as to earn back its recognition and affiliation with the
respondent No. 4 – J&K State Sports Council which in essence
is a Govt. Society through which every sports related facility
and funding for the different sports is to come forth and is
provided to all the Sports Associations which in turn are
affiliated with the respondent No. 3 – J&K Olympic Association.
82. Right from the issuance of newspaper notice till the
purported conclusion of the election exercise, the entire course
of action has been assailed as tainted one and a fixed match
with result already known of bringing the chosen one in the
seat of office bearership in the sham display of election.
83. The re-election of the respondent No. 6 – Dushyant
Sharma, as an outgoing General Secretary, for a third
consecutive year as office bearer of the respondent No. 3 – J&K
Olympic Association and this time as the President is being
WP(C) No. 103/2025 Page 29 of 51
highlighted as an exhibit of a serious breach of National Sports
Development Code as well as also of the Rules & Regulations
and mandate of the respondent No. 2 – Indian Olympic
Association. The role of the respondent No. 5 – Chander
Shekhar Gupta (Advocate) as a Returning Officer has also been
seriously questioned as compromised.
84. In the writ petition, the grounds of challenge are set
out in para 17(A) to (S).
85. The petitioners are seeking the indulgence of this
Court for the purpose of following reliefs to be issued which are
reproduced hereunder:-
i. Certiorari quashing the notification dated 15-12-2024
whereby the respondent no. 6 to 18 have been erroneously
and illegally declared as President, Vice President, office
bearers and executive members respectively of J&K Olympic
Association Jammu as the same has been issued in flagrant
violation of National Sports Development Code of India 2011
read with J&K Govt. Employees conduct rules 1971 issued
under SRO 164 dated 27-03-1980 and circular instructions
issued by the GAD from time to time read with
ii. Mandamus declaring the election of respondent no. 6
(Dushyant Sharma) and respondent no. 7 (Sh. Vikas Gupta)
as disqualified to contest elections and their elections as
President & Vice-President of J&K Olympic Association as
their election is contrary to the mandate of Judgment of
Supreme Court in case titled Board of Control for Cricket
v. Cricket Association of Bihar (2016) 8 SCC 535 ,
wherein the tenure restrictions for a member should not be
WP(C) No. 103/2025 Page 30 of 51
more than three tenures, with a compulsory colling-off period
between two terms.
iii. Mandamus directing the J&K State Sports Council to hold the
elections by appointing an independent returning officer as
well as an observer in the light of regulations and circulars of
J&K State Sports council or in the alternative declaring the
petitioner as the President of the Jammu and Kashmir
Olympic Association, J&K being the only eligible
candidate/person in the fray for the post of President in
accordance with the National Sports Development Code.
iv. Any other appropriate writ, order or direction/ relief which
will advance the ends of justice in the present case, may also
be passed in favour of the petitioner.
86. From the end of the respondent No. 4 – J&K Sports
Council, the reply to the writ petition came to be submitted on
10.02.2025 .
87. On behalf of the respondent No. 3 – J&K Olympic
Association, the respondent No. 6 - Dushyant Sharma and the
respondent No. 8 – Ajay Vaid, the reply-cum-objections to the
writ petition came to be filed on 28.02.2025 .
88. In their reply, the respondent Nos. 3, 6 & 8 have come
forward with the preliminary objections stating that in view of
the arbitration clause in the constitution of the respondent No.
2 – Indian Olympic Association the matter is arbitrable and,
therefore, the writ petition is not available as a matter of right
as a remedy. The locus of the petitioner to maintain the writ
petitioner has been questioned.
WP(C) No. 103/2025 Page 31 of 51
89. The applicability of the National Sports Development
Code has been questioned by the contesting respondents by
reference to the fact that final words are yet awaited on the
subject from the Hon’ble Supreme Court of India wherein SLP
No. 25767 of 2022 titled “Indian Olympic Association Vs
Union of India and others” is said to be pending adjudication.
The conduct of the election under challenge is being defended
to be fair and square one particularly being in presence of an
observer from the end of the respondent No. 2 – Indian Olympic
Association.
90. The appointment of the respondent No. 5 – Chander
Shekhar Gupta (Advocate) as a Returning Officer is said to be
the prerogative of the President of the respondent No. 3 – J&K
Olympic Association.
91. The respondent No. 6 – Dushyant Sharma has sought
to justify his repeat third time office bearership
notwithstanding the fact that as a public servant he came to
contest for the election of the respondent No. 3 – J&K Olympic
Association without any proper and prior authorization from
the employer i.e. Govt. of UT of J&K, for which the respondent
No. 6 – Dushyant Sharma is coming forth with an explanation
from his end stating that he is beyond the purview of the Govt.
of India’s communications which are not meant to be
WP(C) No. 103/2025 Page 32 of 51
applicable to the employees of J&K but applicable to the
employees of Govt. of India.
92. How Sports & Sports Associations as a subject started
gathering legal mention and attention and even engaging the
mind of the constitutional courts of India need to be chartered.
th
Entry 33 of List II , Schedule 7 of the Constitution of India
provides scope for field of legislation relatable to sports as well.
93. In the case of “K. Murugan; B. S. Adityan; K.
Murugan; Tamil Nadu Olympic Association, Madras Vs
Fencing Association of India, Jabalpur, ” 1991(2) SCC 412 ,
the Hon’ble Supreme Court of India has traced the history of
participation of India in Olympic Games and the role of the
Ministry of Youth Affairs and Sports of the Union Government
and that of the Indian Olympic Association. The Hon’ble
Supreme Court of India has registered its concern in its
judgment in this case with an observation that healthy
condition must be restored into the working of a society and a
fresh election has to be held as being the only way to get out of
a malady for the reason that entire nation looks up to the
results of competition at international games when they are
held.
94. In the case of “J. Jayalalitha Vs Govt. of Tamil
Nadu” (1999)1 SCC 53 , misuse of a sports stadium for non-
WP(C) No. 103/2025 Page 33 of 51
sports function came to be dealt with and the Hon’ble Supreme
Court of India came to import scope of public interest litigation
in the context of misuse of sports facilities and arenas for
purposes other than sports. The Hon’ble Supreme Court of
India with respect to a sports stadium in reference in the said
case came to hold that it was the tax payers money which went
to built the stadium and, therefore, the tax payers have a right
to its being maintained, as such, and not to be treated as just
any other public place for being hired at convenience by
anyone.
95. In the case of “Secretary, Ministry of Information
and Broadcasting, Government of India and others Vs
Cricket Association of Bengal and others” 1995 AIR (SC)
1236 , it came to be observed that a sport is an expression of
self and that in an athletic or individual event, the individual
expresses itself through its individual feat whereas in a team
event such like Cricket, Football, Hockey etc. there is both
individual and collective expression.
96. The amenability of the Board of Control for Cricket in
India (BCCI) to judicial review jurisdiction under article 227 of
the Constitution of India came up for adjudication before the
High Court of Delhi in the case of “Rahul Mehra and others
Vs Union of India and others” (MANU/DE/0846/2004) in a
WP(C) No. 103/2025 Page 34 of 51
writ petition WP(C) No. 1680/2000 wherein the Division
Bench of the High Court of Delhi by its order dated 04.10.2004
in coming to hold BCCI not beyond the sweep of article 226 of
the Constitution of India by reference to public duty and public
function involved in its working.
97. The Hon’ble Supreme Court of India in the case of
“Zee Telefilms Ltd. Vs Union of India” 2005 AIR (SC) 2677
came up with a very comprehensive interface with the state of
law with respect to sports in general and of sport of cricket in
particular related to BCCI which itself is a society under the
Tamil Nadu Societies Registration Act but functioning as a
national governing body for cricket in India, even recognized by
the Union of India as a sole national federation for cricket.
98. In this case the Hon’ble Supreme Court of India
carried out the analysis of the case law relatable to exercise of
judicial review over the activities of Sports Associations by
reference to test of public function, coercion, joint action,
entertainment, nexus test, supplemental government activity
test and importance of the sport test. The Hon’ble Supreme
Court of India came to take an extensive review of the rules &
regulations of BCCI as a society and also its articles of
association.
WP(C) No. 103/2025 Page 35 of 51
99. In a writ petition WP(C) No. 7865/2005 titled
“Narinder Batra Vs Union of India” (MANU/DE/0372/2009) ,
Single Bench of the High Court of Delhi came up with an
extensive and intensive case study.
100. The Sports Bodies in the said case (supra) was the
Jammu & Kashmir Hockey Association & Indian Hockey
Federation. A dispute in this case was related to the election of
Narinder Batra as Sr. Vice President of Indian Hockey
Federation and his term of four years to be in office with Mr. K.
P. S. Gill, being the President of Indian Hockey Federation
elected in 1994 and continuing to hold the post of President in
all elections ever since, lasting more than 11 years and so was
the Honorary General Secretary Mr. K. Jothi Kumaran holding
the post for three consecutive terms since 1994 which invited
allegations of mismanagement and violation of the term of
Government guidelines from the end of Mr. Narinder Batra, Sr.
Vice President of Indian Hockey Federation elected for a term
from 2004 to 2006.
101. The Constitution of the Indian Hockey Federation was
said to be applied more in breach rather than in compliance.
Guidelines for Assistance to National Sports Federations dated
14.08.2001 also came into focus prohibiting office bearers
WP(C) No. 103/2025 Page 36 of 51
from participating any election after more than two continuous
terms.
102. This writ petition came to suffer stiff opposition from
the opponent stakeholders which objections were reckoned by
the High Court of Delhi to be of tremendous importance so far
as the issue of sports was concerned.
103. In para 10 to para 15 , the High Court of Delhi
traversed the Govt. of India’s state of relationship with sports
leading to the evolution of Guidelines for Assistant to National
Sports Federation which came to be revised on the basis of
suggestions received from the Indian Olympic Association, the
respondent No. 2 herein, and the National Sports Federation
with the approval of the Ministry of Finance, Department of
Expenditure, Govt. of India.
104. The evolution of the guideless was referred to the
recognition by the Government that the sports and games are
an essential ingredient of the human resource development
and, therefore, the revised guidelines were necessary to
streamline the procedure for effective coordination amongst
various agencies involved in promotion of sports and to extend
required infrastructure, training and other facilities to the
sports persons for achieving excellence in the international
events.
WP(C) No. 103/2025 Page 37 of 51
105. In para 20 , the broader aspects of the guidelines came
to be set out. Said guidelines were also including guidelines for
recognition of National Sports Federations and codification for
the requirement of granting said recognition by the Govt. of
India. Related aspect of these guidelines was related to the
tenure of the office bearers of the National Sports Federations.
106. Indian Hockey Federation is also a society registered
under the Societies Registration enactment and from that
perspective the maintainability of a writ petition under article
226 of the Constitution of India was pressed.
107. The High Court of Delhi by reference to its Division
Bench judgment in case of “Rahul Mehra and others Vs
Union of India and others” (MANU/DE/0846/2004) and of
the Hon’ble Supreme Court of India in the case of “Zee
Telefilms Ltd. Vs Union of India” 2005 AIR (SC) 2677
wherein BCCI was held amenable to judicial review of its
functions and decisions under article 226 of the Constitution of
India by reference to any constitutional or statutory obligation
or rights of other citizens ventured to set the adjudication in
the matter.
108. The High Court of Delhi tracked the position of law so
as to hold Indian Hockey Federation before it as a respondent
amenable to juridical review.
WP(C) No. 103/2025 Page 38 of 51
th
109. Entry 33 , List 2 of 7 Schedule came into focus and
in that context the exercise of executive function under article
77 of the Constitution of India related to creation of a Ministry
known as the Ministry of Youth Affairs & Sports came to be
referred to discern the domain of Ministry of Youth Affairs &
Sports and in this regard para 82 came to be spared for
identifying the sweep in which matters relating to the Indian
Olympic Association and the National Sports Federation also
find mention.
110. In para 84 , the status of National Sports Federation
recognized by the Government came to be stated. Enforceability
of the Guidelines of 2001 came to be under consideration by
tracking the role of Indian Olympic Association in formulation
of those guidelines.
111. The High Court of Delhi came to overrule the
objections of the respondents in the said writ petition that the
guidelines so prescribed had the impact of supplanting or
providing a new condition concerning the working of societies
under the Societies Registration Act. The High Court of Delhi
came up with the take that by said Guidelines, the Govt., was
not prohibiting formation of an association, society or
federation with regard to any sport but was only mandating
that in order to be entitled to financial assistance or recognition
WP(C) No. 103/2025 Page 39 of 51
as a national level body by the Union Government then a
particular federation would require to be a society or an
association or federation, which enforces democracy by fixing
the tenure of the office bearers. The High Court of Delhi, thus,
read tenure class prescribed in the guidelines as enforceable.
112. In para 288 of its judgment, the High Court of Delhi
came up with directions in the context of its observations and
findings.
113. While the High Court of Delhi was seized of the
aforesaid case in terms of its adjudication taking place in terms
of judgment dated 02.03.2009 , Sports Policy of 2007 had
come into picture which came to be dealt with by the Hon’ble
Supreme Court of India in the case of “Krishan Lal Gera Vs
State of Haryana and others” (2011) 10 SCC 529 .
114. The Hon’ble Supreme Court of India came to deal with
the sports stadium and infrastructure related therewith. The
Hon’ble Supreme Court of India came to recognize creation of a
sports ground, encouraging sports as a apart of the human
resource development being the function of the State and took
Parliamentary Standing Committee on
into consideration
th
Human Resource Development’s 185 Report on Promotion
of Sports in India tabled in Lok Sabha on 30.11.2006 .
WP(C) No. 103/2025 Page 40 of 51
115. The Hon’ble Supreme Court of India registered its
concern with respect to the lower standard of Indian sports at
international level and in that regard the comprehensive sports
policy drawn in 2007 came to be referred to and also to the fact
that said policy was subjected to rejection by the Sports
Federation. The matter was remanded to be considered by the
Punjab & Haryana High Court on it PIL side jurisdiction.
116. In the aforesaid case, the Hon’ble Supreme Court of
India came up with its judgment dated 04.07.2011 by which
time National Sports Development Code of India (NSDCI),
2011 had come into picture by reference to which the High
Court of Delhi again come to be seized of a matter in a writ
petition WP(C) No. 2310/2012 tiled “Indian Olympic
Association Vs Union of India and others”
(MANU/DE/1152/2014) in which National Sports
Development Code of India (NSDCI), 2011 came into
discussion by particular reference from para 44 onwards with
particular reference to penultimate para 87 of the judgment.
117. From 2015 onwards, different matters related to the
state of affairs of sports and the sports associations/bodies
related there with in different States of India at State Level and
also at National Level came to engage different High Courts of
the Country and also the Hon’ble Supreme Court of India and
WP(C) No. 103/2025 Page 41 of 51
in this regard a passing reference would be in the fitness of the
context of the case.
- BCCI Vs Cricket Association Bihar, 2016(8) SCC
535 ;
- Rahul Mehra Vs Union of India and others,
(MANU/DE/3809/2010) decided on 31.10.2017
which became subject matter of challenge in the
Hon’ble Supreme Court of India in a Special Leave
Petition SLP(C) Nos. 30748-30749 of 2017 decided
on 31.10.2017 ;
- All Indian Football Federation Vs Rahul Mehra
and others, (MANU/SC/1295/2025) ;
- Mahipal Vs Union of India,
(MANU/DE/2717/2018) ;
- Nithya Vs Secretary to Union of India,
(MANU/TN/0171/2022) ;
- Swarnendu Banerjee Vs Union of India and
others, (MANU/WB/1750/2022) ;
- K . P. Rao Vs Union of India and others,
(MANU/DEL/0799/2023) ;
- Ravipreet Sinvh Vs National Rifle Association of
India; 2013 (1) AIR Del. 549 ;
- Netball Association of Chandigarh and another
Vs Union of India and others, 2016(3) PLR 110 ;
WP(C) No. 103/2025 Page 42 of 51
- Netball Association of Chandigarh Vs Union of
India, CWP No. 12276/2016 , Punjab and Haryana
High Court, dated of judgment 23.05.2017 ;
- Rahul Mehra Vs Union of India and others, WP(C)
No.195/2010 , High Court of Delhi, date of
judgments 10.08.2017 & 31.10.2017 ;
- All Indian Carrom Federation Vs Union of India,
WP(C) No. 3314/2016 , High Court of Delhi, date of
judgment 06.08.2018 ;
- Samadhan Swimming Club & others Vs Union of
India and others, 2018(8) AD 219 ;
- Maharashtra Archery Association Vs Rahul
Mehra and others, 2019(18) SCC 287 ;
- Aslam Sher Khan Vs union of India and others,
WP(C) No. 5703/2020 , High Court of Delhi, date of
judgment 25.05.2022 ;
- Rahul Mehra Vs Union of India, WP(C) No.
8691/2020 , High Court of Delhi, date of judgment
26.05.2022 ;
- Rahul Mehra Vs Union of India, WP(C) No.
195/2010 , High Court of Delhi, date of judgment
16.08.2022 ;
- Indian Olympic Association Vs Union of India,
2014(5) SCC Online Delhi 2675
;
- President Indian Olympic Association and
another Vs SKI & Snowboard India and another,
LPA No. 104/2016 , High Court of Delhi, date of
decision 23.03.2026 ;
WP(C) No. 103/2025 Page 43 of 51
- The Tiruchirappalli District Cricket Association
Vs Anna Nagar Cricket Club and another, 2026
INSC 154 ;
- Manjeet Vs Indian Olympic Association and
others, WP(C) No. 936/2026 , High Court of Delhi,
date of judgment 30.01.2026 ;
- Ranjit Bajaj Vs All India Football Federation and
others, WP(C) No. 1552/2025 , High Court of Delhi,
date of judgment 25.09.2025 ;
- All Indian Football Federation Vs Rahul Mehra
and others, 2025 INSC 1131 &
- Bajrang Punia and others Vs Union of India and
others, WP(C) No. 3164/2024 , High Court of Delhi,
Date of judgment 16.08.2024 .
118. In the light of the aforesaid facts and circumstances of
the case, this Court cannot escape from arriving at a
conclusion that the respondent No. 3–J&K Olympic Association
was first supposed to have at its own call and volition an
overhauling of its constitution to be revised to come in
alignment with the National Sports Development Code mandate
and only thereafter the process of election of office bearers and
Management Committee could have taken place.
119. The respondent No. 3 – J&K Olympic Association is a
micro organization of which the macro organization is the
respondent No. 2–Indian Olympic Association which itself has
WP(C) No. 103/2025 Page 44 of 51
fallen in alignment with the National Sports Development Code
so as to ensure its state of affairs in terms of administration,
management and elections getting being conducted under the
aegis of the revised constitution fully aligned with the National
Sports Development Code.
120. Therefore, the respondent No. 3–J&K Olympic
Association cannot claim an immunity of perpetuating an old
stereotyped archaic constitution in the name of rules &
regulations while its parent body the respondent No. 2 – Indian
Olympic Association is in sync with the National Sports
Development Code.
121. The manner in which the respondent No. 5-Chander
Shekhar Gupta (Advocate) has come to carry out the election
process is sham on the face of it for the reason being that he
acted on the script as served to him by the respondent No. 6 –
Dushyant Sharma who himself has been able to enjoy repetitive
term as an office bearer in contravention to National Sports
Development Code and Govt. Instructions and also without
seeking prior permission from the Govt. or for that matter PHQ
for the purposes of participating in the election of office bearers
of a sports organization. The respondent No. 6 – Dushyant
Sharma, by a misplaced understanding of the previous
permission earned by him and becoming a judge in his own
WP(C) No. 103/2025 Page 45 of 51
cause, is taking the permission of the Govt./PHQ for granted
and perpetual which otherwise is not the scenario so as to keep
on repeating his office bearer stint in the respondent No. 3 –
J&K Olympic Association, thus, setting in the malice of
monopolizing the office bearership.
122. In the light of the aforesaid, this Court deems it as a
constitutional duty to provide to the sports persons of the
Union Territory of Jammu & Kashmir related with different
sports through the different sports associations affiliated with
the respondent No.3–J&K Olympic Association to have the
respondent No.3–J&K Olympic Association and the respective
sports associations as its affiliates to be governed and managed
by the spirit of the National Sports Development Code.
123. Accordingly, this Court declares the impugned election
process conducted as being in negation of the National Sports
Development Code, and is declared null and void.
124. The contesting respondents No. 3, 6 & 8 are meaning
to upstage the writ petition of the petitioner on technical
grounds but keeping in view the perspective with which the
Hon’ble Supreme Court of India has come to view the sports
and the sports organizations in very opening para 3 of the
judgment in the case of “All India Football Federation Vs
Rahul Mehra and others, 2025 INSC 1131 observing therein
WP(C) No. 103/2025 Page 46 of 51
that it is a constitutional duty to ensure that sporting facilities
and opportunities flourish with institutional efficiency,
integrity, professionalism and expertise, this Court cannot
lower its guard to discharge the duty of presenting an efficient
and professionally administered and managed J&K Olympic
Association to the sports persons and sports of all descriptions
in the Union Territory of Jammu & Kashmir.
125. The answering respondents No. 3, 6 & 8’s vehement
reference to the pendency of SLP No. 25767/2022 titled
“India Olympic Association Vs Union of India and others”
before the Hon’ble Supreme Court of India is also of no
consequence given the fact that said SLP was tagged with the
case of “All India Football Association VS Rahul Mehra and
others” which has come to earn final verdict from the Hon’ble
Supreme Court of India as reported in 2025 INSC 1131 .
126. The respondents No. 3, 6 & 8’s insistence that the
election conducted has been accepted by the respondent No.2 –
Indian Olympic Association is also a farce in the sense that
when the respondent No. 2 itself has aligned with the mandate
of National Sports Development Code then the respondent No.
2 – Indian Olympic Association cannot give any immunity to its
affiliate State Associations like the respondent No. 3 – J&K
WP(C) No. 103/2025 Page 47 of 51
Olympic Association to stay in diametrically opposite state of
functioning.
127. This Court has come across with the averments in the
reply of the respondents No. 3, 6 & 8 that where it is meaning
to suit the answering respondents they are banking upon
National Sports Development Code as set out in para 12 of the
reply/objections pleading that the appointment of the returning
officer i.e. the respondent No. 5 – Chander Shekhar Gupta
(Advocate) was by the President of the respondent No. 3 – J&K
Olympic Association as per the model election rules circulated
vide National Sports Development Code.
128. This Court is not inclined to accept the plea of the
respondents No. 3, 6 & 8 that the National Sports Development
Code is not applicable to the respondent No. 3. This plea of the
answering respondents can be accepted only at the cost of
keeping the very existence of the respondent No. 3 – J&K
Olympic Association in archaic times whereas the sporting
talent of UT of J&K is also keeping pace with the sporting talent
of rest of the country and, therefore, in terms of management of
their sports, the respondent No. 3 – J&K Olympic Association
cannot be allowed to station itself in the old fashioned crafted
constitution which is yearning for its revision and upgradation
WP(C) No. 103/2025 Page 48 of 51
and that is what National Sports Development Code is meant
for.
129. This Court has no hesitation to observe that the
respondent No. 3 – J&K Olympic Association is willing to act as
an entity under the patronage of article 370 of the Constitution
of India which once governed the State of Jammu & Kashmir
only to come to suffer its repeal by an act of Parliament so as to
integrate the people of Jammu & Kashmir as well as of Ladakh
fully with the national mainstream so as to pulsate with the
pulse of nation.
130. As a consequence of the aforesaid, this Court deems it
appropriate to appoint a Commissioner-cum-Receiver for the
purposes of overseeing the revision of the constitution of the
respondent No. 3 – J&K Olympic Association to be in alignment
with the constitution of the respondent No. 2 – Indian Olympic
Association which in turn is in alignment with the National
Sports Development Code and also of the constitution of the
various affiliated sports associations, and upon doing the same
to carry out conduct of election process for the election of office
bearers and the Executive Committee of the respondent No. 3 –
J&K Olympic Association in accordance with the updated
constitution.
WP(C) No. 103/2025 Page 49 of 51
131. Accordingly, this Court appoints two-member
Committee of Administrators, namely, Sh. Chain Lal Bavoria
(Retired District & Sessions Judge) & Sh. Virender Singh
Bhau (Retired District & Sessions Judge) to take over the
administration and management of the respondent No. 3 – J&K
Olympic Association for the purposes of undertaking the
exercise as mandated by this Court with respect to the revision
of the constitution of the respondent No. 3 – J&K Olympic
Association and thereupon conduct the election process and
submit a report to this Court by or before 29.01.2027 .
Interregnum period administration and management of the
respondent No. 3 – J&K Olympic Association shall be carried
out by two-member Committee of Administrators.
132. The respondent No. 3 – J&K Olympic Association and
the respondent No. 6 – Dushyant Sharma shall handover the
entire record related with the respondent No. 3 – J&K Olympic
Association to be at the disposal of and accessible to the
Committee of Administrators who shall then retain the said
record till final discharge of the office taking place from their
end. The Committee of Administrators shall be entitled to seek
extension of time in case the needful exercise is not carried to
completion by the scheduled date of 29.01.2027 .
WP(C) No. 103/2025 Page 50 of 51
133. The fee payable to the Committee of Administrators
shall be settled upon submission of the final report from their
end before this Court for which they shall be laying a motion
for enabling recall of the writ petition for the purposes of
passing the requisite order with respect to fixation of fee and
payment thereof in their favour.
134. All the affiliate State Sports Associations in and of UT
of Jammu & Kashmir related with the respondent No. 3 – J&K
Olympic Association through their respective office bearers are
also directed to fully cooperate and comply with the directives
as may come to be issued by the Committee of Administrators
without admitting any scope for default.
135. Disposed of .
136. Registrar Judicial, Jammu to provide a copy of this
order to Sh. Chain Lal Bavoria (Retired District & Sessions
Judge) & Sh. Virender Singh Bhau (Retired District &
Sessions Judge) for notice.
(RAHUL BHARTI)
JUDGE
JAMMU
19.09.2026
Muneesh
Whether the judgment is speaking : Yes
Whether the judgment is reportable : Yes
Muneesh Sharma
2026.09.19 18:14
I attest to the accuracy and
integrity of this document
WP(C) No. 103/2025 Page 51 of 51