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2021 Supreme(J&K) 710
IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
SINDHU SHARMA, J.
Satinder Singh & Anr. – Petitioners
Versus
UT of J&K & Ors. – Respondents
WP(C) No. 1174 Of 2020
Decided On : 31-12-2021
For the Petitioners: Present In Person
For the Respondents: S.S. Anand, Karman Singh Johal.
IMPORTANT POINT
The court established that the extension of the term of Gurdwara Prabandhak Committees without proper justification and adherence to the legal framework is invalid, and emphasized the necessity of conducting timely elections to ensure lawful management of Gurdwaras.
Headnote:
NOTIFICATION - Gurdwara Prabandhak Committees - Jammu and Kashmir Sikh Gurdwaras and Religious Endowment Act, 1973; Rule 63C of the Jammu and Kashmir Sikh Gurdwaras and Religious Endowment Rules, 1975 - The court discussed the provisions of the Jammu and Kashmir Sikh Gurdwaras and Religious Endowment Act, 1973, particularly Section 13, which mandates a five-year term for Gurdwara Prabandhak Committees, and Rule 63C, which allows for the nomination of committee members if elections cannot be held. The court found that the extension of the committees' terms via the impugned notification was contrary to the Act and Rules, as it lacked the required written justification for the extension. The court emphasized the necessity of conducting timely elections and the proper constitution of committees to manage Gurdwara affairs.
Fact of the Case:
The petitioners, members of the Sikh community, sought to quash a notification extending the term of Gurdwara Prabandhak Committees for three months after their term expired, arguing that the government failed to initiate timely elections as mandated by the Jammu and Kashmir Sikh Gurdwaras and Religious Endowment Act, 1973.
Finding of the Court:
The court found that the extension of the committees' terms was not in accordance with the Act and Rules, as the government did not provide written reasons for the extension. The court noted that the committees were continuing to function without a valid mandate, and emphasized the need for new elections and proper committee formation.
Issues: Whether the notification extending the term of the Gurdwara Prabandhak Committees was valid under the Jammu and Kashmir Sikh Gurdwaras and Religious Endowment Act, 1973 and the associated Rules, and whether the government had a duty to conduct timely elections.
Ratio Decidendi: The court held that the government must adhere to the provisions of the Act and Rules, particularly Rule 63C, which requires written justification for extending committee terms or for nominating members. The failure to conduct elections in a timely manner constituted a violation of the legal framework governing Gurdwara management.
Final Decision: The court disposed of the writ petition by directing the government to issue a notification for the constitution of new Gurdwara Prabandhak Committees within three weeks and to initiate the election process expeditiously.
JUDGMENT :
(Sindhu Sharma, J.) :
1. The petitioners seeks quashing of notification dated 13.07.2020 issued by the respondents extending the term of Gurdwara Prabandhak Committees for a period of three months from the date of expiry of their term or till elections are held. They also seek a direction to the respondents to initiate the process of election for electing members of different Gurdwara Prabandhak Committees at the earliest to manage the affairs of the Gurdwaras in UT of Jammu and Kashmir.
2. The petitioners are members of the Sikh Community by faith as defined under clause "e" of the Jammu and Kashmir Sikh Gurdwaras and Religious Endowment Act, 1973 (here-in-after referred to as 'the Act'). They are also registered voters in terms of Rule 5 of the Jammu and Kashmir Sikh Gurdwaras and Religious Endowment Rules, 1975, (hereinafter referred to as 'the Rules').
3. The last elections of the District Gurdwara Prabandhak Committees of Jammu and other Districts to look after the affairs of Sikh Gurdwaras were conducted on 08.07.2015 and the tenure of these Committees as per Section 13 of the Act is only five years and the same came to an end on 10.07.2020. The process for elections for constituting new District Gurdwara Prabandhak Committees was required to be initiated before the expiry of the said period, so that the new committees could take charge, start functioning and for managing the affairs of the Gurdwara. The grievance of the petitioner is that the respondents, instead of initiating the process of elections after the expiry of the term of District Gurdwara Prabandhak Committees, issued impugned notification dated 13.07.2020 extending the period of these District Gurdwara Committees for a period of three months from the date of expiry of their term or till elections are held, whichever is earlier.
4. The impugned notification SO 218 issued on 13th July, 2020 reads as under:
"SO 218:- In exercise of the powers conferred by Rule-63C of the Jammu and Kashmir Sikh Gurdwaras and Religious Endowments Rules, 1975 and in suppression of all previous notifications issued on the subject, the Government hereby directs that the members of District Gurdwara Prabandhak Committees of District Shopian, Anantnag, Pulwama, Baramulla, Budgam, Kupwara, Srinagar and Jammu, elected in the year 2015 shall continue as the members of the said committees for a period of three (03) months from the date their terms has expired are till elections of these Committees are held under the Act and the rules framed there under, whichever is earlier."
5. By the impugned notification dated 13.07.2020, the respondents have granted extension to the tenure of these committees for a period of three months, from the date of expiry of their term or till elections of these committees are held, whichever is earlier. The period of three months also came to an end on 13.10.2020 and thereafter, no further notification in terms of the rules has been issued.
6. The petitioners are aggrieved of the aforesaid notification as the same is against the mandate of the Act and the Rules. The respondents had to initiate the process for holding elections to the District Gurdwara Prabandhak Committees and till then, they had to nominate members of the committee by issuing a notification but, that too, only after recording their satisfaction and for reasons to be recorded in writing in terms of Rule-63C of the Rules. Rule-63C of the Rules reads as under:-
"Rule-63C:- Notwithstanding anything to the contrary contained in these rules, where the term of office of the members of any Committee has expired before holding elections and the Government is satisfied, for reasons to be recorded in writing that it is not reasonably practicable to hold elections to any Committee in accordance with the provisions of the Act and these rules, it may, by notification, nominate the members of the Committee and thereupon the provisions of the Act and these rules shall apply to the members so nominated in
