Advocates:
['MANISHA BHANDARI', '', 'BHAVYA PRATAP SINGH', 'SANPREET SINGH AJMANI', 'SEEMA DHINGRA', 'C S C', 'S K MANDAL']

Reserved Judgment

IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI

Writ Petition (M/S) No. 881 of 2022

Reserved on:

17.05.2022

Delivered on:

26.05.2022

BETWEEN:

Kuldeep Singh Pannu & others. ...Petitioners

(By Ms. Manisha Bhandari and Mr. Bhavya Pratap Singh, Advocates)

AND:

State of Uttarakhand & others. ...Respondents

(By Mr. Yogesh Chandra Tiwari, Standing Counsel for the State of

Uttarakhand/respondent nos. 1 to 5 & 7, Mr. S.K. Mandal, Advocate for

respondent no. 8 and Mr. Sanpreet Singh Ajmani, Advocate for the

applicant in Impleadment Application No. 02 of 2022)

JUDGMENT

Heard learned counsel for the parties

2.

Gurudwara Prabandhak Committee, Shri

Nanakmatta Sahib is registered as society under

Societies Registration Act, 1860. Directors elected

from 27 Halkas (Constituencies) elect the Committee

of

Management

of

Gurudwara

Prabhandhak

Committee and this writ petition has been filed by 13

out of 27 such Directors.

3.

According to the petitioners, election for

constituting Committee of Management was held on

06.04.2022,

in

which

various

illegalities

were

committed. It is alleged that polling was conducted

in an illegal manner, in order to throttle the voice of

innocent members and instead of holding election

2

through secret ballot, election was held through

dubious method in which votes were procured by

mighty candidates, by using corrupt practices. The

reliefs sought in the writ petition, are as follows:-

“i. issue writ, order or direction in the nature

of mandamus commanding the “Election Officer” the

Respondent No. 6 to ensure that the election of the

office bearers of the Committee of Management of

Gurudwara Sri Nanakmatta Sahib be conducted in

accordance with the recognized method of polling by

way of secret ballot system instead of affidavits and

consequently the earlier process of convening the

elections of the office bearers held on 06/04/2022 be

declared null and void, to maintain the highest

sanctity of our democratic setup. It is further prayed

that the responsibility of monitoring the said process

of election of the office bearers is liable to be

bestowed upon such person/or officials, which this

Hon’ble Court may deem fit and proper, in the

interest of justice.

ii. issue writ, order or direction in the nature

of mandamus commanding the Authorities i.e. the

Respondent No. 3, 4, 5 and 6 to submit the video

footage of polling of said Ward/halka no. 3 held on

21/03/2022

and

action

taken

report

on

the

complaint of impersonation of a voter in the election

of the director of Ward/halka No. 3 and also explain

the reasons for their deliberate inaction on such an

vital issue, which discloses commission of serious

offences and affects the Rule of law.

iii. issue writ, order or direction in the nature

of mandamus commanding the Authorities i.e. the

Respondent No. 6 to explain the reasons for

postponing the election of the office bearers and for

adopting the process of conducting the elections by

way of procuring the affidavits of the voters instead

of adhering to the recognized process of election by

way of secret ballot system.

iv. issue writ, order or direction in the nature

of mandamus commanding the Respondent No. 8, to

decide the representation dated 07.04.2022 by a

well-reasoned and a speaking order in the interest of

justice.”

4.

Ms. Manisha Bhandari, learned counsel

appearing for the petitioners contends that in view of

illegalities committed in the election of Committee of

Management

of

Gurudwara

Prabandhak

Shri

Nanakmatta Sahib, the election of all the office

bearers deserves to be set-aside. However, Mr. S.K.

3

Mandal, learned counsel appearing for respondent no.

8 refutes the submission made by learned counsel for

the petitioners and submits that the election was hel