Bombay HC Quashes Bandra Gymkhana Resolution Removing President Dr Cheryl Misquitta, Orders Fresh EGM

Mumbai: The Bombay High Court has quashed a resolution passed by the 7,000-member Bandra Gymkhana in March removing its president, Dr Cheryl Misquitta, holding that the decision was taken without following the club's rules and regulations.

In an order passed on July 23, Justice Sharmila U. Deshmukh ruled that the managing committee is at liberty to convene a fresh Extraordinary General Meeting (EGM) in accordance with the gymkhana's rules and regulations.

During the hearing, counsel for the managing committee informed the court that the committee had decided, without prejudice to its rights and contentions, to convene a fresh EGM after issuing due notice to members to consider Dr Misquitta's removal as president. Counsel for Misquitta opposed the submission, arguing that the resolution removing her should be quashed rather than merely kept in abeyance.

The court noted that the earlier EGM had been convened to consider a requisition letter dated February 20, 2026, but no agenda proposing the president's removal had been circulated in advance. Despite this, a resolution removing her was passed at the meeting held on March 22.

Holding that the resolution had been passed without a notified agenda and was therefore contrary to the club's rules, Justice Deshmukh quashed and set aside the March 22 resolution. The court clarified that it had not examined the merits of the dispute and observed that Misquitta may consider withdrawing the special civil suit in view of the order.

The dispute stems from the gymkhana's elections in September 2025, when some managing committee members alleged vote tampering and questioned the integrity of the electoral process. The committee subsequently appointed retired Justice S.C. Gupte in November 2025 to conduct an independent inquiry. His report, submitted in February 2026, concluded that the election had been conducted in a "fair and proper manner".

According to Dr Misquitta, the full inquiry report was never circulated to the general membership. Instead, a requisition letter was circulated ahead of the March 22 EGM, at which a resolution to remove her as president was passed. The resolution was supported by 352 members, representing about 7.38 per cent of the gymkhana's voting membership.

After the City Civil Court at Dindoshi rejected her plea for interim relief on June 5, Misquitta challenged the decision before the Bombay High Court, which has now set aside the March 22 resolution.

Now serving her fifth term as president, Dr Misquitta expressed regret over the prolonged dispute, saying that considerable time and financial resources had been wasted in the legal battle.

A member of the gymkhana's managing committee said, "We have decided to comply with the court's order. The court has asked us to hold another EGM."

Bandra Gymkhana has announced that it will convene a fresh EGM to decide on the removal of its president, Dr Cheryl Misquitta, following observations made by the Bombay High Court regarding the procedure adopted at an earlier meeting.

In a notice issued to members by Honorary General Secretary Theresa Aguiar, the Gymkhana said that an EGM held on March 22, 2026, had passed a vote of no confidence against Dr Misquitta. According to the notice, around 352 members voted in favour of her removal, with none voting against the resolution.

The managing committee, at its meeting on July 22, agreed to the court's suggestion, and informed the High Court of its decision during the subsequent hearing on July 23, the notice said.

The Gymkhana has now decided to hold a fresh EGM with a single-point agenda specifically seeking members' decision on the removal of the president. Pending the outcome of the fresh EGM, Misquitta will resume her position as president of Bandra Gymkhana, the Aguiar added.

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