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HEMANT GUPTA, V. RAMASUBRAMANIAN
Harbhajan Singh – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. challenge to the maintainability of writ petitions. (Para 1 , 2) |
| 2. arguments regarding fundamental rights and minority protections. (Para 3 , 4 , 5) |
| 3. judicial precedents on article 32 and fundamental rights. (Para 6 , 7 , 8) |
| 4. the court's reasoning on interstate disputes and maintainability. (Para 9 , 10 , 11) |
| 5. rejection of maintainability objection. (Para 12) |
ORDER :
1. At the outset, it is stated that this order is being passed to address the preliminary objection raised by Mr. Shyam Divan, learned senior counsel for the State of Haryana, and by Mr. Ranjit Kumar for the Haryana Sikh Gurudwara Management Committee regarding maintainability of the present writ petitions.
3. The maintainability of these writ petitions is questioned, primarily on two grounds, namely, (i) that there was no infringement of fundamental rights enabling the petitioners to invoke Article 32 of the Constitution of India; and (ii) that by arraying the States of Punjab and Himachal Pradesh as parties to the writ petitions, the writ petitioners are virtually inviting other States to comment upon the legislative competency of the State of Haryana, which is actually an abuse of the process of l
The Sikh Gurdawaras and Religious Endowment Act, 1973 does not violate constitutional rights as the legislature possesses the authority to regulate religious property management.
The High Court may dismiss writ petitions requiring extensive evidence, directing parties to seek adjudication in Civil Court for factual determinations.
An order refusing to exercise jurisdiction by a statutory authority can be challenged in a writ petition under Article 226 of the Constitution of India, and judicial review is permissible wherever a ....
Supersession of a religious trust committee must comply with statutory provisions; failure to do so renders the action arbitrary and subject to judicial review.
Constructive res judicata and CPC principles apply to writ petitions, barring new unraised claims like superior priest office; no liberty to withdraw for fresh suit to prevent abuse of process and re....
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