The main legal point established in the judgment is that the notification rescinding an earlier notification and the interim orders passed by the Judicial Commission were found to be arbitrary and without legal basis. The court also emphasized that the Judicial Commission did not have the power or jurisdiction to pass the interim orders.

Swatanter Kumar, J.

1. In all these writ petitions, challenge is to the notification dated 5.7.2002 (Annexure P6 to the writ petitions) vide which the earlier notification dated 12.1.1999 has been rescinded and earlier Judicial Commission has been ordered to be restored. Prayer in the writ petitions itself was made for interim stay of this notification, which was not granted by the Court. However, during the pendency of the writ petitions miscellaneous applications for stay of the interim orders passed by the Judicial Commission functioning under the impugned notifications were also placed on record and by means of the interim application, challenge to the said orders which restrained the present petitioners from functioning as members of the Shiromani Gurdawara Prabhandhak Committee, Amritsar, hereinafter referred to as S.G.P.C., was raised.

2. By this judgment we propose to deal with and dispose of above mentioned ten writ petitions as they involve common question of law based on similar facts. However, for the purposes of clarity and brevity, we are referring to the facts of the case of Sucha Singh Langah v. State of Punjab and Ors., C.W.P. No. 17853 of 2002.

3. Petitioner Sucha Singh had filed this writ petition raising a challenge to the notification dated 5.7.2002, Annexure P6 to the writ petition, vide which the earlier notification dated 12.1.1999 had been rescinded and the earlier Judicial Commission had been ordered to be restored. This writ petition was filed by the petitioner in the Registry of this Court on 2.11.2002. It was listed before the Bench on 9.11.2002 on which date it was adjourned to 11.11.2002. In the meanwhile, a petition under Section 142 read with Section 145 of the Sikh Gurdwaras Act, 1925 , hereinafter referred to as the Act, was filed by one Shri Harminder Singh Gill on or about 29.10.2002, on which an interim order was passed by the Sikh Gurdwara Judicial Commission, Amritsar, on 7.11.2002, restraining the present petitioner-respondent therein, from functioning and participating as a member of the S.G.P.C. in any meeting and proceedings of the Executive Committee and the Board forthwith and notice was issued for 27.11.2002. The order dated 7.11.2002 was challenged by the petitioner in this writ petition by filing Civil Misc. No. 35100 of 2002 dated. 15.11.2002. However, when the matter came up for hearing on 11.11.2002, a Division Bench presided over by Honble the Chief Justice, on the oral request of the counsel appearing for the parties, complainant was ordered to be impleaded as respondent No. 8. The counsel also probably produced before the Court, copy of the order dated 7.11.2002 and limited stay was granted by the Division Bench. The relevant part of the Division Bench order dated 11.11.2002 reads as under:-

"10. Having regard to the peculiar facts and circumstances and the definition of the word, Sikh, as defined in Section 2(9) of the Act and the Division Bench judgment of this Court holding that "so far as the suspension is concerned. There is no provision that it can be done by way of an interim measure", we in the interest of justice, stay the operation of order passed by the Sikh Gurudwara Judicial Commission, Amritsar, a copy of which has been produced before us by Shri Patwalia, which is being kept on the record, however, directing that the vote casted by the petitioner shall be kept separately in a sealed cover and shall not be counted for the present, subject to further order by this Court. 11. We are putting on record the statement made by Shri Mtattewal that two copies of this writ petition have been served on the learned Advocate General, Punjab, representing respondent Nos. 1 and 2."

4. The Sikh Gurudwara Act, 1925 provides for constitution and formation of Board, Tribunal, Committees and a Judicial Commission. On 9.11.1979 Shri Dara Singh-respondent No. 3 in this writ petition, was appointed as Member of the Judicial Commission. In July, 1981 Shri Raghbir Singh was a