AKHILESH DAS GUPTA Vs. UOI

JUDGEMENT

(1.) THE petitioner, in the year 2003 being a member of Rajya Sabha, was on the recommendation of the respondent no.1 granted tenure membership of the respondent no.2 Delhi Golf Club Ltd. This writ petition has been filed impugning the order dated 6th October, 2009 of the respondent no.1 directing the respondent no.2 Club to delete the name of the petitioner as a member, owing to the petitioner having ceased to be a Member of the Rajya Sabha. THE contention the of petitioner was/is that as on 6 th October, 2009 he was still a member of Rajya Sabha and the order dated 6 th October, 2009 had been made under the mistaken belief that the petitioner was not a Member of Parliament.

(2.) NOTICE of the writ petition was issued and on the statement of the petitioner that there existed three vacancies for tenure membership, vide order dated 14th September, 2010 it was directed that one such vacancy be kept unfilled awaiting the decision of the writ petition. The said interim order continues till date.

(3.) THE respondent no.1 in its counter affidavit has also explained that the name of the petitioner at the time of applying for membership in 2003 was disclosed as Dr. Akhilesh Das. THE petitioner upon re-election was calling himself Dr. Akhilesh Das Gupta and this inconsistency, resulted in the reason as given in the order dated 6th October, 2009. THE respondent no.2 Club has also in its affidavit filed in pursuance to the directions has disclosed that the name of the petitioner entered was as Dr. Akhilesh Das and he has ceased to be a member with effect from 6 th October, 2009.