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1938 Supreme(Lah) 225

DIN MOHAMMAD
Shiromani Gurdwara Parbhandak Committee – Appellant
Versus
Sardar Gurdial Singh – Respondent


JUDGMENT

Din Mohammad, J. - This is an appeal from an order of the Sikh Gurdwaras Judicial Commission dismissing an application of the Shiromani Gurdwara Parbhandak Committee, Amritsar. The application was presented under Section 142, Sikh Gurdwaras Act, claiming the following reliefs: (a) the removal of one Gurdial Singh from his office of president as well as from his position as a member of the committee of management, Gurdwara Bhai Karm Singhwala; (b) the reinstatement of one Sher Singh in his office as granthi in the said Gurdwara; (c) for payment of the arrears of Sher Singh's salary in full; and (d) for award of Rs. 500 as damages as well as costs. The Judicial Commission came to the conclusion that Sher Singh was not a 'minister' within the meaning of Section 2(4)(vii), Sikh Gurdwaras Act, and consequently neither was he competent to appeal to the Shiro. mani Gurdwara Parbhandak Committee tinder Section 135(4) of the same Act, nor was that Committee empowered to make any order under that Sub-section. The president of the Commission however in concurrence with another member, held that Gurdial Singh was not justified in refusing to obey the order of the Shiromani Gurdwara Par

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