Delhi Gymkhana Club (DGC)
This is a collection of articles archived for the excellence of their content. |
Membership
Court restrains “out of turn“ permanent membership
Restrains It From Giving Out-Of-Turn Membership
A court has restrained Delhi Gymkhana Club (DGC) from giving “out of turn“ permanent membership to children of sitting members.
Saying it is the duty of a club to follow doctrine of “fairness“ in all its actions, additional district judge Vineeta Goyal held in an interim order that grant of such membership to green card holders UCPs (children of members) violates provisions of DGC's foundational rules -Article of Association (AOA).
In an order delivered in November but made public last week, the court ordered the club to “adhere to the terms of AOA “, making it clear that permanent membership granted to green card holders UCPs “prima facie“ is against AOA of the club, which it is bound to follow since it is a company incorporated under the Companies Act.
The court said the club could not make rules, regulations, bylaws or act arbitrarily , emphasising that strict implementation of AOA and bylaws is imperative. Though the club maintained it is a private entity being governed by its own rules, hence not amenable to court's jurisdiction, the judge disagreed.
“This prestigious club has been conceived to cater to a very selective group of people and even in that group, there is a long waiting list. This has created two classes. One who got membership became part of an elite group, while others were left waiting. Now, by creating a category of members under green card holder UCPs, meant for dependants of members, another elite class has been created. They have got membership...only because they happen to be the legal heirs of a member,“ the court noted.
On average, the waiting period for membership is over 50 years. Though, the AOA provides for a dependant of a permanent member, who has used the club earlier, to apply for full membership once she is of 21 years, it doesn't mention any special treatment for her.
The court passed the interim order on a civil suit filed by a group of private members of the club led by Alok Mehndiratta. The suit countered the club's claim of being a private entity by noting that “it has been granted land by the Government of India in the heart of Lutyens' Delhi, therefore it needs to observe the highest standard of transparency.“
While the club maintained it is sticking to the rules, the court said it is “evident from record“ that the concept of grant of membership out of turn evolved only through decisionsbylaws made in the general committee meeting.
“It is extremely unfortunate that the club is in news for wrong reasons. We must all adhere to the AOA,“ said Vijay Chhibber, former president of the club.
Officials of DGC said that they have been issuing membership as per the AOA provisions. The club is likely to hold an emergency general body meeting on this interim court order.
