Lets recapitulate the facts here once again. MAIN ISSUE REGARDING MEMBERSHIP 1. By discontinuing the membership policies with respect to UCPs , Green cards and their dependents followed by previous GCs since Oct 2013, he has caused great distress and anguish to many. 2. Mr Chibber delayed taking necessary corrective steps to amend the Articles of Association for 9 months before a case was filed in the Delhi High Court by 6 members in June and direction given by the High Court in July to “admit members as per the Articles and existing RULES” till the hearing on 28 Nov 3. The fact is the GC had finalised the list of “deviations” for amendment in early Mar-April 2014. The case was filed in June after 9 months of Mr Chibbers Presidency. 4. A former GC member Brig Harish K.Dhawan tried to fill in this vacuum by obtaining more than 560 signatures necessary to requisition an EGM as per the Company’s Act to convert the UCPs into a category of Associate members. The 2300 UCPs have all been balloted and paid full membership fees so that their children are eligible for dependent and Green cards also since 2007. 5. Instead the Membership Sub Comt commenced to prosecute Brig Dhawan and take action under the disciplinary Sub Comt even recommending suspension for 3 months because 2 signatories claimed they had not signed it. Brig Dhawans requisition dt 28st july 2014for an EGM is still valid and can be held within the 3 months after he sent it before 28th Oct 2014. 6. To counter what he saw as the advantage or credit being taken away from him, Mr Chibber suddenly announced an EGM on 29th July fixed for 23rd August to bring in two amendments which would give GC powers to decide allocation of Non Govt memberships and increase Cap .But equally suddenly cancelled it on 17 Aug based on disputable legal opinion. Mr Chibber has been giving various reasons ,primarily the High Court case, for not reversing the decision and reverting to status quo as prevailed before Oct 2013 The fact is: a. Though some lawyers may have opined otherwise, the direction of the court is only applicable to Permanent memberships ( even under this,since resolutions of the GC come under Rules , the UCPs up gradation need not have been stopped ) b. Issue of Green cards for UCPS children since 2007 only authorises Use of the Club and does not constitute membership for which At Home and Balloting is a pre requisite, so there is no bar on continuing with this practises c. Lastly, the President categorically clarified at the last GC meeting held on 18th Sept 2014 that the decision he circulated on 16sept that children of UCPs and Green cards under 21 yrs can continue to use the club,but they would not be entitled to either dependent card or later to Green cards after age of 21yrs This is just a last minute attempt to assuage the agitating members and show his sympathy as soon as he realised that this had become a major issue at the forthcoming elections While we shall have to await the decision of the Delhi High Court which could take years, there is nothing preventing the next President from holding an EGM which has Not be barred by the Court and continue its practise for issuing USE of the Club identity cards under provisions of Art 13(3)b and Article 12 . There are solutions to end the turmoil and anguish being felt by many in the Gymkhana family who have grown up considering the club as a home away from home but surely members cannot be misled by so called motivated coteries and can draw their own conclusions based on clearly proof of intent.
Posted on: Sat, 27 Sep 2014 06:35:27 +0000
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