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High Court Of Delhi
GURDIP SINGH UUA - Appellant
Versus
DELHI SIKH GURDWARA PRABANDHAK COMMITTEE - Respondent
Civil 3176 of 1994
Decided On : 01/05/1995
ELECTION - DELHI SIKH GURDWARA MANAGEMENT COMMITTEE - ELECTION OF OFFICE BEARERS AND EXECUTIVE BOARD - HELD TO BE ILLEGAL AND CONTRARY TO THE PROVISIONS OF THE DELHI SIKH GURDWARAS ACT, 1971 AND THE RULES - COURT DIRECTED FRESH ELECTIONS TO BE HELD IN ACCORDANCE WITH THE LAW.
Fact of the Case:
Petitioners, members of the Delhi Sikh Gurdwara Management Committee (DSGMC), challenged the proceedings of meetings held on 10th May 1994 and 21st May 1994, and Resolution No. 9 dated 26th May 1994 of the DSGMC. They sought to quash the proceedings and restrain the respondent from taking any further action pursuant to the minutes of the two meetings and the resolution. The petitioners also sought restoration of the committees and governing bodies of colleges and schools as were functioning on 9th May 1994.
Finding of the Court:
The court found that the elections of the office bearers and the Executive Board were not held in accordance with the law and the rules. The court held that the members of the Committee had abdicated their functions and acted in contravention of the provisions of the Act. The court also found that the minutes of the meetings of 10th May 1994 and 21st May 1994 were not in accordance with the practice and the minutes should have been signed by the outgoing President and General Secretary.
Issues: 1. Whether the elections of the office bearers and the Executive Board were held in accordance with the law and the rules? 2. Whether the members of the Committee had abdicated their functions and acted in contravention of the provisions of the Act?
Ratio Decidendi: 1. The court held that the elections were not held in accordance with the law and the rules as the members of the Committee had abdicated their functions and acted in contravention of the provisions of the Act. The court relied on the provisions of the Delhi Sikh Gurdwaras Act, 1971 and the Rules framed thereunder to conclude that the elections were illegal. 2. The court held that the members of the Committee had abdicated their functions by authorizing the Jathedar Sahib Shri Akal Takht, Amritsar to nominate members as Office Bearers and to the Executive Board. The court held that the members of the Committee could not abdicate their functions in favor of any one in violation of the law under which they had been elected.
Final Decision: The court set aside the elections of the office bearers and the Executive Board held on 10th May 1994 and 21st May 1994. The court directed that fresh elections be held on 30th January 1995 at 11.00 A.M. at Gurdwara Mata Sundri, New Delhi. The court also appointed a Court Observer and a Joint Observer to be present at the time of the elections and to prepare a report of the elections held and the results so declared by the Chairman.
( 1 ) THIS, it would appear, is the second round of litigation. The first (CWP No. 2630194) was dismissed on 26 July 1994 principally on the ground that the court was not satisfied about the bona fides of the petitioners therein in filing the petition. The challenge in both these petitions is the same. The petitioners seek a writ in the nature of certiorari or any ether appropriate writ, order or direction quashing the proceedings of the meetings held on 10 May 1994 and 21 May 1994 and also Resolution No. 9 dated 26 May 1994 of the Delhi Sikh Gurdwara Management Committee, established under section 3 of the Delhi Sikh Gurdwaras Act, 1971 (for short the Act ). The petitioners also seek a restraint on the respondent to take any further action pursuant to the minutes of the two meetings dated 10 May 1994 and 21 May 1994 and the Resolution No. "9 dated 26 May 1994. Yet another prayer is that the respondent be commanded to restore the Committees and the Governing Bodies of colleges and schools as were functioning on 9 May 1994. The periticners in this petition are all members of the Delhi Sikh Gurdwara Management Committee [called the "committee" under clause (c) of section 2 of the Act]. In the earlier petition there were five petitioners none of whom was member of the Committee, though they were members of the Sikh Community. In the order dismissing that petition it was also observed that the fact? were highly disputed and that a civil suit might be an appropriate remedy. However. the present petition it was submitted at the outset by Mr. Mukul Rohtagi. Senior Advocate for ths petitioners, that he would rely only on the minutes of the meetings held on. 10 May 1994 and 21 May 1994 to show that the whole act in electing the office bearers of the respondent was grossly illegal and that there were no elections which the minutes of the two meetings purport to portray.
( 2 ) BEFORE we refer to the minutes of tlie two meeting of the Commitee we may briefly refer to the relevant provisions of the Act. Under section 3, a Committee is to be established for the proper management and control of Gudwaras and Gurdwara Property in Delhi. Section 4 provides for composition of the Committee. It shall consist of forty-six members to be elected from various wards; nine members are to be co-opted by the elected members of the Committee out of which two are to represent the registered Singh Sabhas of Delhi; for members, each of being the head priest of the (1) Sri Akal Takhat Sahib, Amritsar, (2) Sri Takhat Kesgarh Sahib, Anandpur. (3) Sri Takhat Patna Sahib, Patna, and (4) Sri Takhat Hazur Sahib, Nanded; one member, being the nominee of the Shiromani Gurdwara Prabandhak Committee, Amritsar; and two members to represent the Sikh commu- nity of Delhi as provided in clause (iv) of section 4 of the Act. There is a proviso that the head priest shall have no right to vote. for the purpose of election of 0ffice-bearers and other members of the Executive Board under sub-sections (. 1) and (2) of section 16. The whole dispute here concerns the election of office bearers and members of the Executive Board. This section 16 is as under :-
"16. Election of office-bearers.- (1) The Committee shall, at its first meeting after the election of the pro fempore. Chairman under sub-section (4) of section 15, elect from amongst its members a President, who shall conduct the election of the officebearers and members of the Executive Board under this section. (2) The Committee shall also at its first meeting elect from amongst its members a Senior Vice-President, Junior Vice-President, General Secretary and a Joint- Secretary (hereinafter referred to as office-bearers of the Committee), and shall also at the same meeting in like manner elect ten of its members of the Executive Board of the Committee, and the officebearers and members so elected shall be the Executive Board of the Committee. (3 ). . . . . . (4) No member of the Committee, shall, at the same
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