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 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

3 Hereinafter referred to as “Committee”

4 Hereinafter referred to as “GHPS Society”

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 provide for the proper management of the Sikh Gurdwaras and Gurdwara 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 mis-management and illegal abstraction of the public funds due to connivance and conspiracy of the entire officials of the Committee and the GHPS Society, the moot issue for consideration is qua the maintainability of the present PIL in the wake of the already existing DSG Act.

4. In essence, the question is “can” and/ or “should” this Court entertain the present PIL when the said already existing Act, being a Code in itself, has all the laid out provisions with respect to the Committee, its powers and functions, settlement of election and other disputes amongst other miscellaneous provisions and as Section 32(c)7 of the said DSG Act

7 32. Jurisdiction of District Court in other matters. - The Court of the District Judge in Delhi shall also have jurisdiction in respect of the following matters, namely:-

1 * * * * *

(c) Petitions regarding complaints, irregularities, breach of trust, mismanagement in any Gurdwara, educational or other institutions against any member, office-bearer or officer or other employee of the Committee.

specifically provides that the appropriate remedy for redressal of the grievance(s) of the present nature raised in the present PIL of the petitioners lie before the “District Court”.

5. Interestingly, both Committee and the GHPS Society are formed and governed