The Delhi High Court upheld a Trial Court order provisionally restraining Delhi Gymkhana Club from granting out-of-turn permanent memberships to children of existing members.
A Single bench of the Delhi High Court on 04.12.2018 in the matter Delhi Gymkhana Club Vs. Alok Mehndiratta & Ors. observed that the Articles of Association of the Delhi Gymkhana Club do not accord priority to any special class of individuals and that such preference has been laid down only through various meetings.
The main issue that arose through this Petition was that the club provides the children of existing members UCP (User of Club Premises Pending Election) status referred to as Green Card for using the facilities of the club. The Petitions had contended that the club was considering the applications of Green Card Holders on a priority basis and granting them membership in the NG (Non-Governmental) category out of turn.
The Delhi High Court upholding the Trial Court’s observations held that “the Green Card Holders / UCPs enjoy virtually all facilities of the Club, except voting rights on any matter affecting the interests or management of the Club. No irreparable loss and injury would be caused to the Green Card Holders / UCPs in case their permanent membership is deferred pending disposal of the Suit. On the other hand, if permanent membership is granted to Green Card Holders / UCPs out of turn then irreparable loss is likely to be caused to the general applicants in the NG category. Balance of convenience is also in favor of the Plaintiffs and in favor of grant of ad-interim injunction.”
The Court also directed that pending the disposal of the suit, the Club shall not consider the applications under Non-Governmental (NG) category for permanent membership for more than 25% of the total membership.