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2008 Supreme(SC) 852

S.B.SINHA
Kashmir Singh – Appellant
Versus
Union of India – Respondent


JUDGMENT

S.B. Sinha, J. —

Leave granted.

1. Whether rule of perpetuity would be applicable in respect of a member of a Sikh Judicial Commission (for short “Commission”) constituted under the Sikh Gurdwaras Act, 1925 (for short “the Act”) is in question in this appeal which arises out of a judgment and order dated 13.09.2002 passed by a Five-Judge Bench of the Punjab and Haryana High Court in Civil Writ Petition No. 371 of 1999.

2. The Act was applicable to the entire territories of the undivided State of Punjab including PEPSU. By reason of the provisions of the State Reorganisation Act, 1956, the State of Himachal Pradesh was constituted, having been carved out from the State of Punjab.

3. Another Parliamentary Act, being Punjab Reorganisation Act, 1966 (for short “the 1966 Act”) was enacted in terms whereof the State of Punjab was divided into the State of Punjab, the State of Haryana and the Union Territory of Chandigarh.

4. The Central Government admittedly is the appropriate authority for passing requisite orders in relation to the matters involving inter-State Boards as envisaged under Section 88 of the 1966 Act. It issued a notification dated 19.10.1978 nominating the State






































































































































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