Kerala High Court
Neeraj Rehman vs Union Of India on 13 June, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:42201
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 13TH DAY OF JUNE 2025 / 23RD JYAISHTA, 1947
WP(C) NO. 21184 OF 2025
PETITIONER:
NEERAJ REHMAN
AGED 35 YEARS
S/O VPA RAHMAN 10 B,
SKYLINE HILLS DALE RAJIV NAGAR,
PUTHIYARA (PO) KOZHIKODE ,
PIN - 673004
BY ADVS.
SRI.SHARAN SHAHIER
SMT.RHEA SHERRY
SMT.ANGELINA JOY
SMT.SHWETHA MARIA SOLOMON
RESPONDENTS:
1 UNION OF INDIA
REPERESENTED BY SECRETARYTO GOVERNMENT,
MINISTRY OF SPORTS ROOM NO 401, C-WING,
SHASTRI BHAWAN NEW DELHI , PIN - 110001
2 KERALA STATE SPORTS COUNCIL
REPRESENTED BY ITS SECRETARY MR. VISHNU RAJ P
KERALA STATE SPORTS COUNCIL STATUE,
THIRUVANANTHAPURAM , PIN - 695001
3 KERALA BADMINTON (SHUTTLE) ASSOCIATION (KBSA)
REPRESENTED BY ITS SECRETARY,
MR. R. RAKESH SEKHAR MNRA 96 C,
MULLOOR LANE ANAYARA (PO),
TRIVANDRUM, PIN - 695029
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4 RETURNING OFFICER
ADV. RUBY RAJ KAMBISSERIL ADVOCATE & NOTARY
MAVELIKKARA BAR ASSOCIATION MAVELIKKARA,
ALAPPUZHA DIST., PIN - 690101
5 V. DIJU
SREE KALA HOUSE, RAMANATTUKARA,
CALICUT, PIN - 673633
6 SANAVE THOMAS
POLLETHAI POST MARARIKULAM, ARATTUKULAM,
ALAPPUZHA, PIN - 688549
7 RUPESH KUMAR K.T
KALLYAD THAZHATHEVEED HOUSE NO - 18/346 - B
OORAKKAD ROAD, THAMARACHAL, KIZHAKKAMBHALAM P.O
ERNAKULAM, PIN - 683562
8 P. C. THULASI
VNRA - 73, VIKAS NAGAR, KADAVANTHARA,
ERNAKULAM, PIN - 682020
9 MR. MARKOSE BRISTOW
NERRWA-14, PUTHENPARAMPIL HOUSE,
NILAVATTATH LANE, NETHAJI ROAD,
PADIVATTOM KOCHI, PIN - 682024
BY ADVS.
SMT. O.M. SHALINA, DSGI
SHRI.ACHUTH KRISHNAN R., CGC
SHRI.ZAKEER HUSSAIN
SHRI.R.HARIKRISHNAN (KAMBISSERIL)
SMT.R.RANJANIE
SMT.K.A.SANJEETHA
SHRI.ABY GEORGE
SMT.MEERA M.
SMT.SELVA JYOTHY A.
SMT. LATHA ANAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.06.2025, ALONG WITH WP(C).21715/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 13TH DAY OF JUNE 2025 / 23RD JYAISHTA, 1947
WP(C) NO. 21715 OF 2025
PETITIONER:
SIRAJU C.M.
AGED 52 YEARS
S/O CHOORI MOIDHEENKUTTY, CM HOUSE,
CHOORI, RAMDAS NAGAR POST, KASARAGOD ,
PIN - 671121
BY ADVS.
SRI.SHARAN SHAHIER
SMT.RHEA SHERRY
SMT.ANGELINA JOY
SMT.SHWETHA MARIA SOLOMON
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT MINISTRY
OF SPORTS ROOM NO 401, C-WING, SHASTRI BHAWAN,
NEW DELHI, PIN - 110001
2 KERALA STATE SPORTS COUNCIL
REPRESENTED BY ITS SECRETARY, MR. VISHNU RAJ P
KERALA STATE SPORTS COUNCIL, STATUE,
THIRUVANANTHAPURAM , PIN - 695001
3 KERALA BADMINTON (SHUTTLE) ASSOCIATION (KBSA)
REPRESENTED BY ITS SECRETARY, MR. R. RAKESH
SEKHAR
MNRA 96 C, MULLOOR LANE, ANAYARA (PO),
TRIVANDRUM , PIN - 695029
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4 RETURNING OFFICER
ADV. RUBY RAJ KAMBISSERIL ADVOCATE & NOTARY,
MAVELIKKARA BAR ASSOCIATION, MAVELIKKARA,
ALAPPUZHA DIST., PIN - 690101
BY
SMT. O.M. SHALINA, DSGI
SMT. LATHA ANAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.06.2025, ALONG WITH WP(C).21184/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
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W.P.(C) Nos.21184 and 21715 of 2025
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Dated this the 13th day of June, 2025
JUDGMENT
~~~~~~~~~
The petitioner in W.P.(C) No.21184/2025 is
a National Badminton Champion practicing as an Advocate.
He is a member of Kerala Badminton (Shuttle) Association
(KBSA) with 8 years of longstanding active involvement in
Badminton administration and governance in the State of
Kerala.
2. The petitioner in W.P.(C) No.21715/2025 is
an accredited BWF Coach (Level 2) and has completed Level
1 and Level 2 of the Badminton Asia Regional Referee
Accreditation and Certificate Course. The petitioner has
served as Technical Officer in several National Level
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Tournaments. Both the petitioners are aggrieved by
nomination of five individuals to the General Body by the
Executive Committee of KBSA without any disclosed criteria,
transparency or approval of the General Body. The parties
and exhibits are referred to in this judgment as they are
described/marked in W.P.(C) No.21184/2025.
3. The Executive Committee meeting of the
KBSA held on 12.04.2025 at Thiruvananthapuram
recommended respondents 5 to 9 to be included as Player
Representatives with voting rights for KBSA Annual General
Body meeting. The petitioners state that the Sports Code
mandates that 25% of the Executive Committee should
consist of eminent sports persons of outstanding merit. A
limited number of Player Representatives are to be included
in the electoral college. The National Sports Development
Code of India, 2011 requires that at least 25% of the
Executive Committee must consist of eminent sports person
of outstanding merits and is actively participating and
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contributing to the sport.
4. The selection of respondents 5 to 9 was
made without any proper, transparent or disclosed criteria.
The selection of respondents 5 to 9 to the exclusion of other
deserving and active sports persons is arbitrary, unlawful and
violative of the principles of fair governance, contend the
petitioners.
5. The KBSA has now issued Ext.P1
Notification for election of members to the office bearers and
Executive Committee for the year 2025-2029. Nomination
papers are to be submitted to the returning officer on
14.06.2025. The scrutiny of nomination papers will be held
on the same day and the names of the validly nominated
candidates will be published. In the event an election is
required, the poll will be conducted on 15.06.2025. Votes will
be counted and results will be published on the very same
day.
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6. The petitioners state that if respondents 5 to
9 are permitted to continue as active members in the voters
list for the KBSA election scheduled to be held on
15.06.2025, it would be a travesty of justice. The petitioners
therefore seek to set aside Ext.P1 election notification and to
direct the 4th respondent-Returning Officer to issue fresh
election notification including sports persons elected after
following due procedure of law.
7. The 3rd respondent-KBSA resisted the writ
petition filing counter affidavit. The 3rd respondent submitted
that as per Clause XVII of the Circular issued by the Kerala
Sports Council, sport persons who have participated in
competitions at the National and International levels shall be
made members with voting rights in Sports Organisations and
their number should not be less than 15% of the total
members of the Organisation and their election shall be in
consultation with the State Sports Council.
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8. Respondents 5 to 9 are eminent National
Badminton (Shuttle) players in India. The KBSA selected
respondents 5 to 9 with voting rights in the Annual General
Body meetings. The Kerala Sports Council approved the
selection of respondents 5 to 9 as per Ext.R3(c) letter.
Respondents 5 to 9 were selected in compliance of the
provisions of the Circular of the Kerala Sports Council. There
is no illegality or arbitrariness in the conduct of the KBSA.
The writ petition is therefore liable to be dismissed.
9. Respondents 5 to 9 also resisted the writ
petition filing counter affidavit. Respondents 5 to 9 submitted
that inclusion of respondents 5 to 9 is as per the prescription
of the Kerala Sports Council and the inclusion was approved
by the Sports Council. Respondents 5 to 9 are fully qualified
to be included in the General Body of KBSA with right to vote.
The petitioner in W.P.(C) No.21184/2025 is infuriated by the
fact that he was not included in the General Body. The writ
petition is without any merit and it is only to be dismissed.
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10. I have heard the learned counsel for the
petitioners, the learned DSGI and CGC for the Union of
India, the respective learned Standing Counsel representing
the Kerala State Sports Council and KBSA and the learned
Senior Counsel assisted by the counsel appearing for
respondents 5 to 9.
11. The petitioners, who are eminent persons in
the Badminton arena at the national level are aggrieved by
inclusion of respondents 5 to 9 as active members of the
General Body with right to vote. According to the petitioner in
W.P.(C) No.21184/2025, he is a National Badminton
Champion. He was the Champion in the All India Law
Championships held at New Delhi last year in Mixed Doubles
and Doubles. He was also Kerala State Champion several
times. The petitioner in W.P.(C) No.21715/2025 is an
accredited BWF Coach who has served as Technical Official
in several national level tournaments. According to the
petitioners, they are very active in the activities of KBSA
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whereas respondents 5 to 9 hardly attend General Body
meetings of KBSA. They have been selected and included in
the General Body of the KBSA with voting rights without
following any criteria. Their selection is highly arbitrary and
unsustainable.
12. Inclusion of outstanding sportsmen in the
General Body of KBSA has been made pursuant to the
guidelines contained in the Sports Code and the provisions
contained in the Kerala Sports Act. Ext.R3(b) Circular dated
29.06.2019 issued by the Kerala Sports Council, in Clause
xvii, requires that sports persons who have participated in
National and International Sports Competitions should be
included in the General Body of the Sports Organisations with
voting rights and the number of such sports persons should
not be less than 15%. Clause xvii further states that election
of such sports persons should be in consultation with State
Sports Council. Apart from the said provision, neither the
Sports Code or the Kerala Sports Act prescribes any
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W.P.(C) Nos.21184 and 21715 of 2025
procedure for election of such sports persons into the General
Body of the Sports Organisations.
13. In the case of KBSA, they have elected
respondents 5 to 9 to the General Body. The 5th respondent
is a sports person who has participated in 2010-XIX Common
Wealth Games. The 6th respondent has represented India
and is member of the Indian Badminton Team and had
participated in XIX Common Wealth Games, 2010. The 7th
respondent has also participated in the Common Wealth
Games. The 8th respondent was a member of Badminton
Women's Team in the 17th Asian Games, 2014. The 9th
respondent was conferred with Special Awards by the
Government of India, Ministry of Human Resource
Development, Department of Youth Affairs and Sports.
14. Their names were forwarded by the KBSA to
the Kerala Sports Council. Ext.R3(c) communication of the
Sports Council would indicate that the Sports Council
examined the list forwarded by the KBSA and has thereafter
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approved the same. It is evident from the pleadings that
respondents 5 to 9 are eminent badminton (shuttle) players at
the national and international level. No bias or malafide is
alleged in this selection. They have been elected to be
members of the General Body with voting rights, by an
elected Executive Committee of the KBSA.
In the afore circumstances, I find no illegality
or arbitrariness in the election/selection of respondents 5 to 9.
The writ petitions are therefore without any merit and hence
dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/13.06.2025
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APPENDIX OF WP(C) 21184/2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE ELECTION
NOTIFICATION DATED 01.06.2025 ISSUED
BY THE 4TH RESPONDENT, ALONG WITH THE
FINAL LIST OF ELIGIBLE VOTING MEMBERS
Exhibit P2 A TRUE COPY OF THE MINUTES OF THE
EXECUTIVE COMMITTEE MEETING HELD ON
12.04.2025 AT THIRUVANANTHAPURAM
RECOMMENDING THE MEMBERSHIP OF
RESPONDENTS 5 TO 9
Exhibit P3 A TRUE COPY OF THE RELEVANT EXTRACT OF
THE SPORTS CODE
Exhibit P4 THE TRUE COPY OF THE BYE-LAW OF THE
RESPONDENT ASSOCIATION UPDATED AS ON
04.10.2020 (LATEST)
RESPONDENT'S EXHIBITS
EXHIBIT R3 (b) A true copy of the Circular
No.KSSC/C1/3952/2018 dated 29/06/2019
issued by the Statutory Body Kerala
Sports Council
EXHIBIT R3 (c) True copy of the letter dated
30/05/2025 issued by the Kerala Sports
Council
EXHIBIT R3 (d) True copy of the Annual General Body
Meeting dated 30/05/2025 with voters
list
EXHIBIT R3 (a) A true copy of the letter dated
13/04/2025 issued by the 3rd
respondent
Ext R9 (a) The true copy of the circular dated
29.06.2019 bearing No. KSSC/ C1 /
3952/ 2018 issued by the 2nd
respondent
Ext R9 (b) The true copy of the request letter
dated 13.04.2025, issued by the
Secretary of the 3rd respondent to the
Secretary of the 2nd respondent, for
the approval of the inclusion of the
respondent 5 to 9 as General Body
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members
Ext R9 (c) The true copy of the communication
dated 30.05.2025, addressed to the
Secretary of the 3rd respondent, by
the Secretary of the 2nd respondent
Ext R9 (d) The true copy of the certificate
issued by Delhi 2010 - XIX Common
Wealth games to the 5th respondent
Ext R9 (e) The true copy of the certificate
issued to 6th respondent by the
Secretary of the Badminton Association
of India
Ext R9 (f) The true copy of the certificate
issued by Delhi 2010 - XIX Common
Wealth games to the 7th respondent
Ext R9 (g) The true copy of the certificate
awarded to 8th respondent by 17th
Asian Games, Incheon, 2014
Ext R9 (h) The true copy of certificate awarded
to 9th respondent by the Ministry of
Human Resource Development, Department
of Youth Affairs and Sports,
Government of India
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APPENDIX OF WP(C) 21715/2025
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPIES OF THE LEVEL 1
CERTIFICATE DATED 23.06.2019
Exhibit P1(a) THE TRUE COPY OF THE LEVEL 2
CERTIFICATE DATED 03.12.2024
Exhibit P2 THE TRUE COPY OF THE COMMUNICATION
DATED 2/6/2025
Exhibit P3 THE TRUE COPY OF THE FINAL VOTERS'
LIST
Exhibit P4 THE TRUE COPY OF THE NOTIFICATION FOR
ELECTION OF MEMBERS TO THE OFFICE
BEARERS AND EXECUTIVE COMMITTEE
MEMBERS FOR THE YEAR 2025-2029 DATED
1/6/2025
Exhibit P5 THE TRUE COPY OF THE ANNUAL GENERAL
BODY MEETING NOTICE DATED 30/5/2025
