Delhi Gymkhana Club issuing green cards to those over 21 was without legal basis: HC

Green cards, akin to a licence to use the club facilities, are allotted to dependents of permanent members of the Delhi Gymkhana Club on turning 21. In March 2022, the club had terminated green cards of several individuals, forcing them to move court.

The petitioners had contended that Articles of Association (AoA) of the club “does not prescribe a strict deadline for submitting membership applications” and denying them the benefit of green card holder status merely due to timing issues “would be unreasonable.” The club had contended that “green card holders don’t qualify as members of the club”.

Justice Narula, however, held: “Prima facie, the issuance of green cards is in clear violation of the club’s AoA, lacking formal authorisation or recognition within its governing framework.”

“The plaintiffs’ reliance on historical practices and informal policies cannot substitute for compliance with the AoA, which unambiguously requires dependents to apply for full membership upon reaching the age of 21. A system that circumvents this process, however longstanding, remains beyond the bounds of the club’s constitutional framework,” the court said.

It added, “The (club) administrator’s actions, including the suspension and termination of the plaintiffs’ green card privileges… were part of a necessary initiative to address systemic mismanagement and bring the club’s operations in line with its foundational documents… The corrective measures were not punitive but remedial… designed to eliminate irregularities, restore institutional integrity, and ensure compliance with the AoA.”