JAMMU AND KASHMIR HIGH COURT
Dr. Adarsh Sein Anand, J
Avtar Singh v. State of J. and K
| Table of Content |
|---|
| 1. fundamental rights infringement claims based on property management rights. (Para 1 , 2) |
| 2. legislative authority to enact regulations for religious property. (Para 3 , 4) |
| 3. court's assessment of legislative intent and constitutional validity. (Para 7 , 10 , 11) |
| 4. guidelines established for financial management and powers of committees. (Para 19 , 22 , 24) |
| 5. recommendations for legislative clarity on ambiguous provisions. (Para 28 , 29) |
1. The petitioner seeks to strike down the Sikh Gurdawaras and Religious Endowment Act of 1973 particularly S.3, S.9, S.10, S.11 and S.14 of the Act as unconstitutional and ultra vires of the Legislature and also issuance of a writ of mandamus to the respondent not to appoint Sikh Gurdawara Prabhandak Board or Sikh Gurdawara Prabhandak Committees.
2. The petitioner, has averred that he is a Sikh by religion. He claims fundamental right to freedom of conscience, right to profess, practice and propagate freely Sikh religion. The Sikh denomination has the right to manage its own affairs in matters of religion to own and acquire movable and immovable property and to administer such property in accordance with law. According to him the
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