The Jammu & Kashmir and Ladakh High Court has declared the election process of the Jammu & Kashmir Olympic Association (J&KOA) conducted on December 15, 2024, null and void, holding that it was conducted in violation of the National Sports Development Code of India, 2011.
Justice Rahul Bharti was dealing with a challenge to the election in which Dushyant Sharma was declared elected President of the J&KOA, along with other office-bearers and executive members. The petitioner, Rajeev Sharma, had sought quashing of the election and a fresh election after bringing the Association’s functioning in conformity with the National Sports Development Code.
Examining the election process, the Court found several deficiencies from its inception. It noted that the election notice published on November 4, 2024 did not specify the election date, venue, mode of submission of names of representatives or the authority issuing the notice. The notice also did not identify the affiliated sports associations.
The Court further scrutinised the subsequent appointment of the Returning Officer and the election schedule. It noted that the Returning Officer issued a schedule providing for nomination, scrutiny, withdrawal and polling between December 2 and December 15, 2024.
On the date of polling, four electors, including the petitioner, did not participate and instead recorded written protests citing infirmities in the election process. Dushyant Sharma was declared elected President with 22 votes against one vote secured by Rajeev Sharma.
A central issue before the Court was whether the J&KOA was required to comply with the National Sports Development Code. The respondents had disputed its applicability, while also relying upon the pending proceedings before the Supreme Court concerning the Sports Code. The High Court rejected this contention and held that the J&KOA could not continue under its existing constitution when its parent body, the Indian Olympic Association (IOA), had aligned itself with the Sports Code.
The Court held that the J&KOA’s constitution required revision and alignment with the IOA constitution and the National Sports Development Code before a fresh election could be conducted. It observed that the Association could not claim immunity for continuing under what it described as an outdated constitutional framework.
The Court consequently declared the impugned election process null and void, holding that it was conducted in negation of the National Sports Development Code.
The High Court appointed a two-member Committee of Administrators comprising Chain Lal Bavoria and Virender Singh Bhau, both retired District & Sessions Judges, to take over the administration and management of the J&KOA.
The Committee has been tasked with revising the J&KOA’s constitution in alignment with the IOA constitution and the National Sports Development Code, undertaking the corresponding exercise concerning affiliated sports associations, and thereafter conducting fresh elections under the revised constitution. It has been directed to submit its report to the High Court by January 29, 2027.
The J&KOA and Dushyant Sharma have been directed to hand over the Association’s entire records to the Committee. The Committee may seek an extension of time if the exercise is not completed by the stipulated date.
The Court has also directed all affiliated State Sports Associations in the UT of Jammu & Kashmir to fully cooperate with and comply with the directions of the Committee of Administrators.
The writ petition was accordingly disposed of.
