Here is what the Delhi HC said about membership to Delhi’s elite Gymkhana Club

The Delhi High Court on Thursday directed Delhi’s elite Gymkhana Club that pending the disposal of the suit, it shall not consider the applications under Non Governmental category for permanent membership for more than 25% of the total membership..As per the Articles of Association of the Club, the total membership is 5600 out of which 50% has to be issued to the Government employees and remaining to to persons who are not in Government service referred to as the Non Governmental (NG) Category..A suit was filed by some permanent members of the club contending that the children of the existing members were given priority in accord of permanent membership over the pending applications in the Non-Governmental category..It was contended that until the year 1971 – 72, the waiting time for a person in the NG category for permanent membership was about 10 to 12 years, which subsequently increased to 10 to 15 years and has kept on increasing..As per the rules, the children of existing members are given UCP (User of Club Premises Pending Election) status referred to as Green Card for using the facilities of the club..The plaintiffs represented by Advocates Pravin Bahadur and Amit Agarwal stated that contrary to the Articles of Association, the Gymkhana Club is granting permanent membership in the NG category to the UCPs/ Green Card Holders out of turn by considering their applications on a priority basis..The Gymkhana Club represented by Senior Advocate P.V.Kapur along with Advocates Saket Sikri, Amir Pasrich and Vimal Nagrath argued that NG category comprises of 50% of the permanent membership and out of this, half (i.e. 25% of the entire membership) has been reserved for the UCPs/ Green Card Holders through decisions/ bye-laws made in General Committee Meetings..The trial court had held that,.“By creating a category of members under Green Card Holder / UCPs meant for dependents of members, another elitist class has been created which have got membership by way of fastest method only because they happen to be the legal heirs of a member….This kind of bye-law/rule will one day turn AOA otiose and are against the interest of public at large as well as Plaintiffs”.The Single Judge Bench of Justice Sanjeev Sachdeva stated 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. It was held that,.“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.”.The High Court, however, added that as the case of the Gymkhana Club is that 25% reservation has been lawfully carved out for Green Card Holders/ UCPs, it would be expedient to direct that pending disposal of the suit, the Club shall not consider the applications in the NG category in excess of 25% of the total permanent membership. .The Bench asked the lower court to expedite the trial of the Suit and endeavour to dispose of the suit within a period of nine months..Read Order: