The Sikh Gurdawaras and Religious Endowment Act, 1973 does not violate constitutional rights as the legislature possesses the authority to regulate religious property management.

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 purpose. Now as a result of passing of the Act the Management and the Supervision in matters of religion and also of Gurdawara property has gone in the hands of the Government for one year. The restriction imposed on the management of the properties of Gurdawaras is unreasonable and arbitrary in so far as religious affairs are concerned. It violates Art.25 and Art.26 of the Constitution. The Act arms the Gurdawara Prabhandak Board and the Gurdawara Prabhandak Committees both constituted under the Act to manage the affairs of the Sikh Gurdawaras with absolute, uncanalised and unguided discretionary powers. Any Gurdawara can be called a Sikh Gurdawara and can be taken under the control and management of the Board or the Committee. In the same way any property of the institution which may be called Gurdawara by the Board or the Committee can be taken for management. S.3 does not provide any agency for the election of the Board. According to S.3 of the Act the first Board is to be nominated by the Government for one year. This provision contravenes the guarantee given under Art.25 and Art.26 of the Constitution of India as the right to administer the religious and secular affairs of the Sikh Community is taken away by the Government for one year and even vested in the hands of persons nominated by the Government. S.10 of the Act provides for the establishment of the Committees of 11 members for each District of the State for managing the Sikh religious and secular affairs of the State Sikh Gurdawaras situated therein but no agency has been named to elect the members; nor is there any mention of any voters and their qualifications who will be entitled to vote at the election. The Act is also silent about the forum which will decide the disputes about elections and voters. Under S. 10 the first Committee is to be nominated by the Government which is unconstitutional as it offends Art.25 and Art.26 of the Constitution of India. There is no provision in the Act for conducting the elections for members of the Committee or board after the period of one year or deciding disputes regarding such elections. S.11 is vague and ambiguous and does not convey any sense. S.9 authorises the board to exercise general administrative superintendence over all the Committees elected under the provision of Act but no power has be