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2017 Supreme(P&H) 2644

RAKESH KUMAR JAIN
Avtar Singh – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: B.S. Gulani
For the Respondent: Sunil Kumar Sharma, Ms. Sunint Kaur, P.S. Phiara, A.S. Virk

JUDGMENT :

Rakesh Kumar Jain, J.

This petition is filed by an amritdhari Sikh, who is a resident of Village Cheema Tehsil Sunam, District Sangrur. He is allegedly a voter of the constituency of the Gurdwara known as Gurudara Sahib Nanaksar Cheema, which is mentioned in the schedule attached with the Sikh Gurdwara Act, 1925 [for short 'the Act'].

2. Learned counsel for the petitioner has submitted that there are three categories of committee under the Act for the management of Gurdwara. The first category of the management is the Shiromani Gurdwara Prabandhak Committee [for short 'the SGPC'] which directly manages the Gurdwara as provided in Section 85 of the Act. The second category manages the Gurdwara in terms of Section 87(b) of the Act i.e. those Gurdwaras whose annual income exceeds Rs. 1 lac in which four elected members and one nominated member of the SGPC are the members and the election is held as per the provisions of the Act and Sikh Gurdwaras Committee Election Rules, 1959 [for short 'the Rules']. The third category of the management is of the Gurdwara whose annual income is less than Rs. 1 lac. The SGPC nominates the committee for the management under Section 87(a) of the






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