MEGHALAYA GOLF PROMOTERS SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner by way of the instant writ petition has put a challenge to a letter dtd. 28/4/2025 issued by the respondent No. 2 namely; the Indian Golf Union, whereby the affiliation accorded to the petitioner society has been withdrawn. The ground for seeking invocation of Article 226 is that firstly, the respondent Golf Union despite being an autonomous body, discharges public functions and is thus amenable to writ jurisdiction and secondly, the action in withdrawing the affiliation is arbitrary and in violation of the principles of natural justice.

(2.) When this matter had come up for consideration, the respondents Nos. 2 & 3, had raised the question of maintainability of the writ petition on the ground as the respondents are private registered societies registered under the Societies Act, the State/Government does not have pervasive financial control, nor is any fiscal support provided for the day-to-day functioning, and that only recognition is afforded to the Union by the Government. In brief, the further grounds raised are that the Golf Union does not come within the definition of 'State' or 'other authority', and that it does not perform any 'public function'.

(3.) On these grounds being raised, this Court therefore first took up the issue of maintainability on four basic considerations: -