SANJEEV MOHAN AHLUWALIA Vs. UNION OF INDIA

JUDGEMENT

(1.) CM APPLs. 33296/2019 & 42706/2019 The present writ petition has been filed by the Petitioner under Articles 226 and 227 of the Constitution of India, against various governmental authorities, i.e., Respondent Nos.1 to 4 and the Delhi Gymkhana Club Ltd, i.e., Respondent No.5.

(2.) The case of the Petitioner is that he is an applicant seeking permanent membership of the Delhi Gymkhana Club Ltd. (hereinafter, "Club") and that he had made an application in 1993, seeking membership of the Club. Since 1993, the Club has called upon him to pay additional sums to continue to be in line for permanent membership. In the year 2017, an additional amount of Rs.7.5 lakhs was sought, however, thereafter, when the Petitioner pointed out that he is the son of a permanent member, the fee was reduced to Rs.1.5 lakhs, which has since been deposited.

(3.) Ld. Counsel for the Petitioner submits that the activities at the Club have not been running in accordance with the requisite laws and procedures applicable and there are various irregularities being committed by the Club. In view of these irregularities, it is the Petitioner's case that a show-cause notice, dated 15th March, 2019, was issued to the Club by the Ministry of Corporate Affairs (hereinafter, "MCA"), seeking a reply from the Club. While the said show-cause notice is under consideration of the governmental authorities, the Club issued a notice for holding an Extraordinary General Meeting (hereinafter, "EGM") on 10th July, 2019. The Petitioner submits that the Club is intending to amend and replace the existing Articles of Association (hereinafter, "AOA") and Memorandum of Association (hereinafter, "MOA") of the Club. The Petitioner has sent representations to the Club and to the Government, however, since there was no response, the present writ petition was filed.