1. Petition to declare a charitable institution a Sikh Gurdwara under the Sikh Gurdwaras Act — claim by an office holder that the institution is not a Sikh Gurdwara. (Para 3 , 5 , 6 )
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1996 Supreme(SC) 995
1996(5) Supreme 17
SUPREME COURT OF INDIA
M.M. Punchhi and K.S. Paripoornan, JJ.
Uttam Das Chela Sunder Das -Appellant
versus
Shiromani Gurdwara Parbandhak Commi- ttee, Amritsar -Respondent
Civil Appeal No.2471 of 1984
Decided on 20-5-1996
The Court held that pleadings for 'hereditary office-holder' status under the Sikh Gurdwaras Act require substantial compliance, not strict technicality. Detailing a line of succession (Guru to Chela) is sufficient to imply a claim based on custom and usage, establishing the petitioner's locus standi.
Headnote:(i) Sikh Gurdwaras Act, 1925-Sections 7 to 11 and 16-Sikh Gurdwaras-Determination of Institution-Petition under Section 8 claiming status of hereditary office holder-Locus standi of petitioner to file petition challenged-Priority of deciding which issue first-Issue whether the Institution in question is a Sikh Gurdwara or not, has to be decided first and other questions later-For purposes of Section 8, averments made therein by hereditary office holder need be taken as sufficient on their face value.
Held : The marginal note/caption to Section 16 is the foremost pointer that the issue whether the Institution in question is a Sikh Gurdwara or not, has to be decided first and other questions later. The marginal notes or captions are, undoubtedly, part and parcel of legislative exercise and the language employed therein provides the key to the legislative intent. The words so employed are not mere surplusage. Secondly, for the purposes of Section 8, the averments made therein by the hereditary office-holder need be taken as sufficient on their face value, bestowing jurisdiction on the Tribunal relating to the Institution in question. The fact that a petition under Section 8 was received, per se ousts applicability of Section 9 because that can operate only when no claim under Section 8 is preferred at all. Thirdly, when the issue of locus standi, at the very threshold, is a triable issue, that per se obligates the tribunal to priorly decide the question of the Institution being a Sikh Gurdwara or not as the first issue, for occasion may arise for not deciding the issue of locus standi at all in the given eventuality. Since the tribunal has proceeded to decide issue No.1 as a preliminary one, we would not like to stretch this matter any further except to express our doubt, to be resolved later in an appropriate case, because of the consequences which have been made to follow. (Para 11)
Further held : That when the tribunal finds that the Institution/Gurdwara can not be declared as a Sikh Gurdwara, it ceases to have jurisdiction in all matters concerning such Gurdwara. Only a limited jurisdiction is kept conferred on the tribunal under sub-section (3) to be deciding restoration to office of a hereditary office holder or of a person, who would have succeeded such office holder, under the system of management prevailing, before a certain date. The tribunal shall in that event, notwithstanding such finding of the institution being not a Sikh Gurdwara, continue to have jurisdiction in all matters relating to such claim on grounds tenable under Section 8. (Para 12)
(ii) Sikh Gurdwaras Act, 1925-Sections 7 to 11 and 16-Sikh Gurdwara-Petition under Section 7(1) praying that institution described as Gurdwara Sahib Dera Kanganpur to be declared as a Sikh Gurdwara-Petition under Section 8-Petitioner claiming status of hereditary office holder-Tribunal held that petitioner was a hereditary office holder of the institution-No appeal filed against the order-Appeal filed against order regarding nature of institution-High Court ordered dismissal of Section 8 petition as incompetent, lacking in pleadings-High Court construing pleadings under Section 8 on strict standards-Appeal against -Whether judgment of High Court is sustainable?-(No)-High Court fell into a grave error in upsetting well considered and well-reasoned orders of Tribunal. (Paras 21 & 22)
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2. Whether the petitioner is a hereditary office holder based on the sufficiency of pleadings regarding the rule of succession — whether the institution is a Sikh Gurdwara. (Para 8 , 15 , 17 , 18 )
3. Pleadings for hereditary office holders should be judged by substantial compliance rather than strict technicality — stating a line of succession implies a claim based on custom. (Para 11 , 19 , 20 , 21 )
4. A claim of succession from Guru to Chela constitutes substantial compliance with pleadings required to establish status as a hereditary office holder under the Sikh Gurdwaras Act. (Para 21 )
5. Appeal allowed — High Court order set aside — Tribunal's findings on hereditary office holder status and the nature of the institution restored. (Para 22 )
6. Which issue should a Tribunal decide first when the status of an institution as a Sikh Gurdwara and the locus standi of a hereditary office holder are both disputed?
According to the marginal note of Section 16, the Tribunal must first decide whether the institution should be declared a Sikh Gurdwara before enquiring into any other matter in dispute. (Para 9 , 11 )
7. What is the required standard of pleading for a person claiming to be a hereditary office holder under Section 8 of the Sikh Gurdwaras Act?
The court adopted a principle of substantial compliance over strict technicality. If the petition allows a clear inference that the applicant claims to be a hereditary office holder, it is sufficient, regardless of whether the specific expression is used. (Para 19 , 20 , 21 )
8. Does stating a line of succession from Guru to Chela satisfy the requirement to plead the custom of succession for a hereditary office?
Yes, placing the line of succession from Guru to Chela automatically implies that the claim is based on custom and usage reflective of long-standing conduct and traditions. (Para 21 )
9. Does the recitation of the Guru Granth Sahib in an Udasi institution automatically make it a Sikh Gurdwara?
No, the recitation of the Guru Granth Sahib by a Udasi in the presence of a Sikh congregation is insufficient unless it is proved the institution was established for public worship by Sikhs as per Section 16(2)(iii). (Para 7 )
JUDGMENT
Punchhi, J.-Rival applicant for substitution, Gurdev Dass, claiming to be Chela of Uttam Dass deceased appellant, is also permitted to be brought on record, supportive of the appeal, without deciding the rival claims of Gurdev Dass vis-a-vis Kesar Dass, who is already brought on record claiming himself to be Chela of Uttam Dass, deceased appellant, vide order dated 25.1.1993.
2. This appeal by special leave is directed against the judgment and order of a Division Bench of the Punjab & Haryana High Court at Chandigarh, dated January 11, 1984 passed in First Appeal from Order bearing No.189 of 1973.
3. An institution, as held to be charitable, is located within the revenue estate of village Kanganpur, Tahsil Malerkotla, District Sangrur, Punjab, which was within the erstwhile Malerkotla State, ruled by Muslim Nawabs. The State got merged in the State of Patiala and East Punjab States Union (PEPSU) on the latter s formation as a part B State under the Constitution. Later the State of PEPSU was merged with effect from 1.11.1956 in the State of Punjab whereat beforehand the Sikh Gurdwaras Act, 1925 (hereinafter referred to as the Act) stood enforced. Later, by Punjab Act No.1 of 1959, the said Act was extended to the territories, which immediately before the 1st November, 1956, were comprised in the States of Punjab and Patiala and East Punjab States Union. The institution in question stands located in the extended territories. Dispute arose whether the said institution is a Sikh Gurdwara or not.
4. The scheme of the Act is to give to the Sikhs their religious shrines or places of worship in accordance with the procedure devised in the Act. Those have been divided into two categories. Regarding those about which no substantial doubt existed they found their way outright in Schedule I and their management vesting to be carried out as provided in Part III. Regarding the second category of the doubtful ones, their nature as to whether they were Sikh Gurdwaras or not, was determinable substantively in accordance with the tests provided in Section 16 , but by adoption of procedure under Sections 7 to 11 of the Act.
Under sub-section (1) of Section 7 of the Act, and fifty or more Sikh worshippers of a Gurdwara, each of whom is more than twenty-one years of age and was on the commencement of this Act, or in the case of the extended territories from the commencement of the Amending Act, a resident in the police station area in which the Gurdwara is situated, may forward to the State Government, through the appropriate Secretary to Govt., a petition praying to have the Gurdwara declared a Sikh Gurdwara within a period of 180 days from the commencement of the Amending Act. Under sub-section (3) of Section 7 of the Act, on receiving a petition duly signed and forwarded under the Provisions of sub-section (1), the State Government shall, as soon as may be publish it along with the accompanying list, by notification, and shall cause it and the list to be published, in such manner as may be prescribed, at the headquarters of the district and of the tahsil and in the revenue estate in which the Gurdwara is situated, and at the headquarters of every district and of every tahsil and in every revenue estate in which any of the immovable properties mentioned in the list is situated and shall also give such other notice thereof as may be prescribed.
Under sub-section (4) of this section, the State Government shall also, as soon as may be, send by registered post a notice of the claim to any right, title or interest included in the list to each of the persons named therein as being in possession of such right, title or interest either on his own behalf or on behalf of an insane person or minor or on behalf of the Gurdwara. Sections 8 and 9 of the Act are reproduced hereafter : S.8 When a notification has been published under the provisions of sub-section (3) of Section 7 in respect of any Gurdwara, any hereditary office-holder or any tw
