N. H. BHAGWATI, P. B. GAJENDRAGADKAR, S. K. DAS, S. R. DASS, K. N. WANCHOO
Sardar Sarup Singh – Appellant
Versus
State Of Punjab – Respondent
S.R.DASS, CJI.
(1) THIS is a petition under Art. 32 of the Constitution in which the petitioners challenge the constitutional validity of s. 148-B of the Sikh Gurdwaras Act, 1925 (Punjab VIII of 1925), hereinafter called the principal Act, the said section having been added to the principal Act by the Sikh Gurdwaras (Amendment) Act, 1959, hereinafter called the amending Act of 1959. The petitioners profess and practice the Sikh faith and they allege that they are interested in the maintenance and management of Sikh Gurdwaras, scheduled and notified under the principal Act. Their main contention is that s. 148-B violates the fundamental right granted under Art. 26(b) of the Constitution to every religious denomination or any section thereof including the Sikh denomination, ` to manage its own affairs in matters of religion `. The respondents to the petition are, firstly, the State of Punjab and, secondly,, President and twelve members of the Interim Gurdwara Board, Patiala, who under cl. (a) of sub-s. (1) of s. 148-B shall be deemed to be members of the Board constituted under s. 43 of the principal Act. That Board is now known by the name of the Sikh Gurdwara Prabandhak Comm
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