Neutral Citation Number 2023/DHC/001187

W.P.(C) 573/2018

Page 1 of 8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: February 10, 2023

% Pronounced on: February 20, 2023

+

W.P.(C) 573/2018

BHUPINDER SINGH & ANR.

..... Petitioners

Through:

Mr. Anunaya Mehta, Advocate.

Versus

LT GOVERNOR OF DELHI & ORS.

..... Respondents

Through:

Mr. Gautam Narayan, ASC with Ms.

Asmita Singh, Unmukt Gera and Mr.

Harshit Goel, Advocates for R-1.

Mr. Anil Soni, CGSC with Mr.

Devrat Yadav, Advocate for R-3.

Mr. Harish Malhotra, Ms.Avneet

Kaur and Mr. Gaurav Kumar Pandey,

Advocates for R-4 & 5.

Mr. Rajesh Ranjan, Mr. Aman

Kapoor and Mr. Ashutosh Agarwal,

Advocates for R-6.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

HON'BLE MR. JUSTICE SAURABH BANERJEE

J U D G M E N T

SAURABH BANERJEE, J.

1. Petitioners by way of this Public Interest Litigation¹, involving The

Delhi Sikh Gurdwaras Act, 1971², seek certain directions with respect to the

1Hereinafter referred to as “PIL”

2Hereinafter referred to as “DSG Act”

Digitally Signed

By:BABLOO SHAH

Signing Date:20.02.2023

15:40:01

Signature Not Verified

Neutral Citation Number 2023/DHC/001187

W.P.(C) 573/2018

Page 2 of 8

functioning of Delhi Sikh Gurdwara Management Committee³ and Guru

Harkrishan Public School (New Delhi) Society⁴ in view of their total

failures. Primarily, petitioners seek declaration of the provisions of Section

29 of the Delhi Sikh Gurdwara Act, 1971⁵ as unconstitutional; and a

direction to the Committee and GHPS Society to ensure conducting the

yearly audit of the entire financial accounts of the Committee and GHPS

Society through Comptroller and Auditor General of India⁶; and a direction

to the same Committee and GHPS Society to act in adherence to Section 29

and Section 30 of the DSG Act; and a direction to the C&AG to conduct the

"Special Audit" of the Committee and GHPS Society, amongst other reliefs.

2.

Prior to commencing arguments, learned counsel for petitioners

candidly submitted that he wishes to confine his submissions to conducting

of a yearly audit of the entire financial accounts of the Committee and the

GHPS Society; and a direction for the C&AG to conduct a “Special Audit”

of all the financial affairs of the said Committee and the GHPS Society by

the C&AG for certain years; and for laying down of certain guidelines with

respect to the functioning of the said Committee and the GHPS Society, we

refrain from commenting anything on the same. In any event, for the

foregoing reasons qua the issue of maintainability of the present PIL, there

arises no actual requirement for this Court to address anything about them.

3.

Notice in the present PIL was issued to all the respondents, who filed

their counter/ short affidavits in due course. Accordingly, today since the

3Hereinafter referred to as “Committee”

4 Hereinafter referred to as “GHPS Society”

5Hereinafter referred to as “DSG Act”

6Hereinafter referred to as “C&AG”

Digitally Signed

By:BABLOO SHAH

Signing Date:20.02.2023

15:40:01

Signature Not Verified

Neutral Citation Number 2023/DHC/001187

W.P.(C) 573/2018

Page 3 of 8

same is ripe for hearing, in the opinion of this Court it will be in the interest

of justice, more specifically the parties involved, that a hiatus be brought to

the surrounding controversy by drawing the final curtains to this litigation.

Today, while hearing learned counsel for all parties and considering the

factual matrix involved therein, but without going into the merits of the

issues, this Court is of the opinion that since the present PIL is involving

the issues arising out of a Statute, the DSG Act, enacted with a view “to

property in Delhi and for matters connected therewith” and admittedly as

the petitioners, prior to filing of the present PIL, by way of an application

under the Right to Information Act, 2005 had ascertained that there was a

m