IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on:26.12.2024 Date of Order:10.01.2025 Swaran Singh .Petitioner Versus State of Haryana and others ..Respondents CWP No.34290 of 2024 (O&M)

Shiromani Akali Dal and another .Petitioners Versus State of Haryana and another ..Respondents CWP No.35321 of 2024 (O&M)

Angrej .Petitioner Versus Haryana Sikh Gurudwara Election Commission, Haryana and others ..Respondents CWP No.35360 of 2024 (O&M)

Shiromani Akali Dal Azad .Petitioner Versus State of Haryana and another ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: Mr. S.S.Sodhi, Advocate for the petitioner (in CWP No.35321-2024)

Mr. Sunil Chadha, Senior Advocate, with Mr. Rashpinder Singh Sohi, Advocate for the petitioner (in CWP No.35360-2024)

Mr. Sanjeev Sharma, Senior Advocate, with Mr. Sandeep Singh, Advocate Mr. Jugansh Goyal, Advocate for the petitioner (in CWP No.34290-2024)

Mr. Rashpinder Singh Sohi, Advocate for the petitioner (in CWPNo.34269-2024)

Mr. Ravi Dutt Sharma, DAG, Haryana ANIL KSHETARPAL, JUDGE

1. Brief facts of the case:

1.1 With the consent of the learned counsel representing the parties, four connected Civil Writ Petition Nos.34269, 34290, 35321 and 35360 of

2024, shall stand disposed of by a common order.

1.2 In Civil Writ Petition No.34269 and 35321 of 2024, the petitioner(s) while alleging that failure to reserve seats for Schedule Caste, Backward Class, Women, is unconstitutional as well as against the provisions of the Representation of the People Act, 1952 (hereinafter referred to as 'the Act of 1952') challenges the constitutional validity of Section 4(a) of the Haryana Sikh Gurudwara (Management) Act, 2014 (hereinafter referred to as 'the Act of 2014'). They have also questioned the election schedule issued on 10.12.2024.

1.3 In Civil Writ Petition No.34290 and 35360 of 2024, proviso to Clause 10 of the Haryana Sikh Gurudwara Management Committee Election Symbols (Allotment) Order 2023, that debars the registered political party to form a group in its name and apply for common symbol has been challenged.

1.4 In order to comprehend the issues involved in the present case, certain relevant facts, in brief, are required to be noticed.

1.5 The State of Haryana enacted the Act of 2014, to provide for proper usage, administration, control, financial management reforms of the Gurudwaras located in the State of Haryana. Section 3, provides for establishment of a committee to be called the Haryana Sikh Gurudwara Management Committee (for short 'HSGMC') which shall be a body corporate with its Head Office at District Kurukshetra, which shall consist of forty members to be elected from the wards into which the State is divided, along with 9 additional members to be co-opted by these elected members. Clause (b) of Section 4(a) provides that out of nine co-opted members of the Committee, two members shall be co-opted from amongst Sikh women; three members shall be co-opted from the members belonging to Scheduled Castes and Backward Class category; two members shall be co-opted from amongst the General category having extensive knowledge of Sikh tenets and two members shall be co-opted from amongst the Presidents of the registered “Singh Sabhas” in the State. The term of members of the Committee shall be five years.

1.6 Section 10 lays down the qualifications of members, whereas Section 11 lays down provisions for the conduct of Elections. Section 13, which is most relevant for the decision of the present case outlines the appointment of a suitable person to be Commissioner, Gurudwara Elections, reads as under:-

Section 13

13. (1) The State Government may, by notification in the Official Gazette, appoint a suitable person to be the Commissioner Gurdwara Elections in whom shall vest the powers of superintendence, direction, control and preparation of electoral rolls for, and conduct of, elections of members of the Committee.

(2) The State Government may also appoin