- 1 - HC-KAR NC: 2026:KHC:1685 WP No. 14322 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14322 OF 2022 (GM-KSR) BETWEEN: THE KARNATAKA BADMINTON ASSOCIATION A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA SOCIETIES REGISTRATION ACT HAVING ITS OFFICE AT NO 4 JASMA BHAVAN ROAD, MILLER TANK BED AREA BENGALURU - 560 052 BY ITS DULY AUTHORISED ATTORNEY AND HONARARY SECRETARY P RAJESH. …PETITIONER (BY SRI. MANIAN K B S.,ADVOCATE) AND: 1. BADMINTON ASSOCIATION OF INDIA AFFILIATED TO THE BADMINTON WORLD FEDERATION AND BADMINTON ASIA CONFEDERATION) HAVING OFFICE AT D-6/10 GROUND FLOOR, VASANT VIHAR NEW DELHI - 110 057 REP BY ITS HON. GENERAL SECRETARY SANJAY MISHRA. 2. GOVERNMENT OF INDIA Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1685 WP No. 14322 of 2022 BY ITS SECRETARY MINISTRY OF YOUTH AFFAIRS AND SPORTS NEW DELHI 110001. 3. GOVERNMEMT OF KARNATAKA M.S BUILDING DR AMBEDKAR ROAD BY ITS ADDITIONAL CHIEF SECRETARY OF DEPARTMENT OF YOUTH EMPOWERMENT AND SPORTS DR SHALINI RAJANEESH IAS. 4. THE COMMISSIONER AND DIRECTOR DEPARTMENT OF YOUTH EMPOWERMENT AND SPORTS GOVERNMENT OF KARNATAKA STATE YOUTH CENTRE NRUPATHUNGA ROAD BANGALORE - 560 001. 5. SRI RAGHU. S AGED 54 YEARS, 14, SBI OFFICERS COLONY, BASAVESHWARANAGAR, BANGALORE - 560 079. 6. DHARWAD DISTRICT BADMINTON ASSOCIATION REPRESENTED BY ITS SECRETARY, MR. SUDHIR SHETTY, C/O. METUT TOOLING PRIVATE LIMITED, PLOT NO. 18/23, KIADB INDUSTRIAL AREA, P.B. ROAD, RAYAPUR, DHARWAD - 580 008. - 3 - HC-KAR NC: 2026:KHC:1685 WP No. 14322 of 2022 7. RAGHAVENDRA RAO KAJEKAR, S/O. SRI. RADHAKRISHNAYYA, AGED ABOUT 52 YEARS, R/O #239/40, WARD NO. 10, 7TH CROSS, VINAYAK NAGAR, BAGALKOT - 587 101. …RESPONDENTS (BY SRI. PRAMOD N. KATHAVI, SENIOR COUNSEL A/W SMT. RACHANA BHARADHWAJ R.,ADVOCATE ON BEHALF OF SRI. AZIM H. LASKAR., ADVOCATE FOR R1; SRI. H. SHANTHI BHUSHAN., ADVOCATE FOR R2; SRI. K.N. PHANEENDRA., SENIOR COUNSEL A/W SRI. B.S. SACHIN., ADVOCATE FOR R5 & R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT/COMMUNICATION DTD 13TGH JULY 2022 OF THE R1 BEARING NO. BAI/GEN/126/2022 ANNEXURE-A DISAFFILIATING THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 4 - HC-KAR NC: 2026:KHC:1685 WP No. 14322 of 2022 ORAL ORDER Petitioner-Karnataka Badminton Association is a society registered under the provisions of the Karnataka Societies Registration Act, 1960 and has been granted affiliation by Badminton Association of India/respondent No.1 ('BAI' for short) which in turn is affiliated to Badminton World Federation and Badminton Asia Confederation. 2. By a communication dated 03.03.2022, in furtherance to its earlier mails, respondent No.1/BAI had called upon the petitioner to revise its constitution within 4 months in line with the advice which was purportedly sent by respondent No.1/BAI failing which, it was stated that the respondent No.1/BAI would not have other alternate but to initiate action against the petitioner's association including disaffiliation. In furtherance to its earlier communication, respondent No.1/BAI issued another communication dated 13.07.2022 reiterating its earlier stand. It further informed that the petitioner was in the process of creating another organization called Karnataka Badminton Association resulting in BAI, proceeding to disaffiliate petitioner's association with immediate effect. - 5 - HC-KAR NC: 2026:KHC:1685 WP No. 14322 of 2022 Petitioner made a representation seeking revision of its order. The same has not been considered by the BAI resulting in the present petition. Being aggrieved, the petitioner is before this Court seeking following reliefs; "1) A writ of Certiorari quashing the endorsement/communication dated 13.07.2022 of the 1st Respondent bearing No.BAI/GEN/126/2022 (ANNEXURE- A) disaffiliating the petitioner. 2) That this Hon'ble court may be pleased to grant or writ of certiorari quashing the notice issued by the 2nd respondent dated 18.01.2022 (Annexure -"S") disaffiliating the petitioner association." 3. Learned counsel for the petitioner submits that petitioner has raised two principal grounds, firstly; on question of jurisdiction and secondly; on violation of principles of natural justice. On the ground of jurisdiction, he draws attention of this Court to Clause 14(ii)(j) of the Memorandum of the Badminton Association of India and submits that by the impugned communication the respondent No.1/ BAI has attempted to interfere with the composition of Executive Committee, which is expressly excluded from its purview under the said clause, therefore, the impugned communication is one without jurisdiction. On the second ground, he submits that even while the drastic step of disaffiliation has been initiated by the - 6 - HC-KAR NC: 2026:KHC:1685 WP No. 14322 of 2022 respondent No.1/BAI petitioner has not been given any opportunity of being heard. 4. Having raised the above two grounds, the petitioner has filed an application under Section 151 of CPC along with certain documents raising third ground seeking liberty to approach respondent No.1/BAI. Learned counsel for the petitioner referring to same submits that this application is necessitated in view of the change in the circumstances that has occurred subsequent to filing of the writ petition namely, promulgation of National Sports Governance Act, 2025 and its publication by the Government of India in the gazette notifications. 5. At paragraph 10 of the said application, petitioner has stated as under; "10. The Petitioner submits that in the circumstances the petitioner Association shall have to await the amended rules of the 1st Respondent in line with the new enactment and accordingly await instructions regarding any amendments that may be required in the light of the new enactment. In the circumstances on account of change of events and subsequent developments the Court may be pleased to set aside the impugned decision disaffiliating the Petitioner and granting liberty to the 1st Respondent to call upon the Petitioner to carry out any changes in its Rules that may be required or necessary to be in alignment with the new enactment leaving all contentions open to be - 7 - HC-KAR NC: 2026:KHC:1685 WP No. 14322 of 2022 adjudicated; if necessary in the interest of justice and equity." 6. Thus, the petitioner has pleaded that on account of change of events and subsequent developments, petitioner may be granted liberty to approach the respondent No.1 and the petitioner be given opportunity to carry out any changes in its rules that may be required or necessary to be in alignment with the new enactment leaving all contentions open to be adjudicated, if necessary. Thus, on these three points, counsel for the petitioner seeks allowing of the petition. 7. In response, Sri. Pramod N Kathavi, learned Senior Counsel appearing for the respondent No.1 submits that the respondent No.1/BAI was constrained to initiate the steps of disaffiliating the petitioner for non-compliance of its request to modify and align its constitution despite repeated emails and reminders, therefore, he submits that question of violation of principles of natural justice would not apply to the facts of this case. As regards the jurisdiction is concerned, he submits that the respondent No.1/BAI has never intended to interfere with the jurisdictional affairs of the Executive Committee of the petitioner. However, it had only intended to ensure that there is - 8 - HC-KAR NC: 2026:KHC:1685 WP No. 14322 of 2022 a fair representation of all the stakeholders namely, District Badminton Association, which invariably required alternative structure of the formation of the Executive Committee. That per se would not amount to interference with the Executive Committee as sought to be contented, is his submission. 8. On the third aspect of relegating the matter to respondent No.1/BAI , he submits that given a direction to the petitioner to submit a representation within stipulated time and given some time to respondent No.1 /BAI, same would be considered taking into consideration the requirement law which is presently prevalent and applicable to the facts of the matter. He also submits that a model bye law will be drafted and circulated and opportunity of personal hearing would also be provided to the petitioner or any other stakeholder if need be. 9. In the light of the aforesaid submissions made by learned counsel petitioner as well as learned Senior Counsel appearing for the respondent No.1, on the third ground urged in the application referred to above, this Court do not see any reason to delve upon the matter further. Accordingly, petition is disposed of with following directions: - 9 - HC-KAR NC: 2026:KHC:1685 WP No. 14322 of 2022 i. Petitioner shall make a representation to the respondent No.1/BAI with regard to its willingness to seek modification of its by-laws within 15 days from the date of receipt of this order. ii. The respondent No.1/ BAI shall issue/furnish the necessary instructions requiring changes to be incorporated in the constitution of the petitioner or furnish model by-law as the case may be within 8 weeks thereafter. iii. The petitioner shall carry out necessary changes to its constitution as requisitioned and submit the the same to the Respondent No.1/BAI for its approval within 30 days thereafter. iv. The respondent No.1/BAI, thereafter shall pass appropriate orders thereon within 30 days. v. It is made clear that such orders shall be passed taking into consideration the requirement of the law which is prevalent as on this date and after giving opportunity of being heard, if any; - 10 - HC-KAR NC: 2026:KHC:1685 WP No. 14322 of 2022 vi. No opinion is expressed on the merits or otherwise of the contentions urged by the parties. vii. All contentions are kept open to be urged if required at later point of time. Till such order is passed, Annexure-A shall be kept in abeyance. Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 46