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1977 Supreme(Online)(J&K) 1

JAMMU AND KASHMIR HIGH COURT
Dr. Adarsh Sein Anand, J
Avtar Singh v. State of J. and K


Advocates:
For the Appellant:[Petitioner's Counsel]
For the Respondent: [Government Counsel]

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 Sikh and Religious Endowment Act 1973 (hereinafter called 'the Act'), interferes with the fundamental rights of the petitioner and Sikhs in matter of religion to administer the property of Gurdawaras in accordance with law.
Prior to the passing of the Act the Sikh religious denomination in the State has been managing Gurdawaras in matter of religion and properties belonging to and attached to Gurdawaras through their own representatives elected for the pu































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