The Karnataka Badminton Association (KBA) received a much-needed sigh of relief as the Karnataka High Court stayed the Badminton Association of India's decision on Thursday.
Karnataka HC by way of interim relief has stayed the letter issued by the BAI, disaffiliating the KBA for not amending the bye laws. BAI have said that KBA did not amend their constitution in line with the National Sports Development Code of India 2011.
A single judge bench of Justice S. G. Pandit while issuing notice to the respondents said:
"On perusal of the impugned letter (Annexure-A) dated 13.07.2022, it would not indicate or disclose the issuance of any notice before disaffiliating the petitioner’s Karnataka Badminton Association. The matter requires consideration. Stay of impugned letter (Annexure-A) bearing No.BAI/GEN/126/2022 dated 13.07.2022.”
Advocates Uday Holla and Manian K B S appearing for the petitioners submitted that the impugned letter disaffiliating the petitioner herein is in violation of the principles of natural justice. They said BAI did not issue any prior notice to KBA.
Additional Advocate General Arunashyam, appearing for the State and its Department of Youth Empowerment and Sports, submitted that the Petitioner-Association has not amended its byelaws. The National Sports Development Code of India was implemented in 2011.
Further hearing in BAI-KBA case after two weeks
The bench passed an interim order staying the impugned letter and posted the matter for further hearing after two weeks and directed the respondents to file their objections.
On March 3, 2022, the BAI had asked the KBA to take its constitution in line and given it four months’ time to do so.
However, the KBA, on its part, sought to create a new body called the Karnataka Badminton Association — Badminton Management Committee. The KBA said the new body would deal exclusively with badminton-related activities and implement the laws as desired.
However, KBA’s proposal to create a new body did not go well with the governing body of sports in India. The BAI disaffiliated the KBA with immediate effect on July 13. The disaffiliation of KBA was due to non-revision of the constitution and not following the BAI guidelines regarding the affiliation process.
BAI General Secretary Sanjay Mishra communicated to KBA General Secretary P Rajesh Reddy in a letter on July 13, 2022, regarding its immediate disaffiliation.
BAI has asked KBA to revise its constitution in line with the other affiliated units of the BAI, and has given them ample time to do so. BAI has done various communications in the past but the KBA did not pay any attention to it, alleged the national badminton body.