Restore normalcy, direct Administrator to conduct elections, Delhi Gymkhana Club members to SC

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The Delhi Gymkhana Club members have moved an application in the Supreme Court seeking a direction to the Centre’s appointed club Administrator, to conduct elections.

The club members have cited the apex court order, passed on September 30 last year, directing the National Company Law Tribunal (NCLT) to decide the entire matter afresh within 4 months’ time, and if not decided within this period, then the Administrator should conduct elections to install a duly elected Committee.

The application, filed by Major Atul Dev (retd) and others, said: “Following the directions passed by this court vide order dated September 30, 2021, the appellants vide email dated February 4, 2022, had also written to the Administrator, Delhi Gymkhana Club to take appropriate steps for reinstituting the elected committee by elections.”

The application contended that a period of four months has lapsed since the passing of the order and no steps have even been initiated towards the holding of elections. “The applicant vide the instant application requests this court to direct the administrator to take necessary steps for conducting elections without any further delay as the club requires the same for efficient functioning and to restore normalcy,” added the application.

The club members emphasised it is a clear violation of the top court order and also defeats the intention behind the order,which was passed last year.

“That further, the applicants had on February 4, written a letter to the Administrator, Om Pathak, and requested that necessary steps be taken for installing a duly elected Committee by conducting elections as was directed by this court. However, till date, the applicants have not received a reply to the said letter,” added the application.

This application has not been listed for hearing so far in the top court.

The Supreme Court, in its order on September 30, had said: “Considering the nature controversy, it is appropriate that the main proceedings pending before the National Company Law Tribunal are disposed of expeditiously. The NCLT may endeavour to finally dispose of the main proceedings within 4 (four) months from receipt of copy of this order. The parties through learned counsel have assured to extend full cooperation to the NCLT for early disposal of the case.”

The apex court further added, “if the NCLT is not in a position to dispose of the main proceedings in the timeline specified in this order, the administrator be directed to take necessary steps for installing the duly elected committee by conducting elections after 4(four) months”.

The NCLAT, on February 15 last year, dissolved the club’s General Committee and directed the Centre to appoint an administrator to manage its affairs, after the Ministry of Corporate Affairs moved the tribunal alleging corruption, mismanagement, and nepotism in the club.

On September 30, in a major relief for the former general committee of the club, the Supreme Court, while hearing the appeals filed against the NCLAT, remanded the matter back to the NCLT and asked it to settle it within four months.

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