LAWS(SC)-1975-1-16

MAHANT DHARAM DAS Vs. STATE OF PUNJAB

Decided On January 14, 1975
MAHANT DHARAM DAS Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Civil Appeals Nos. 354 and 1251 of 1969 are by certificate against the judgment of the Full Bench of the Punjab and Haryana High Court in Civil Writ Petitions Nos. 514 of 1966 and 1935 of 1962 respectively in which by majority the provisions of Section 3 read with Schedule I and Sections S. 7 and 8 of the Sikh Gurdwaras Act, 1925, which were challenged were held to be valid. Following the Full Bench judgment in the above two Civil Writ Petitions, Civil Writ Petition No. 2314 of 1965 was also disposed of by a Division Bench of that High Court. Against that Judgment Civil Appeal No. 1222 of 1969 is by certificate.

(2.) In all these appeals the places of worship to which the impugned provisions have been made applicable were situated in the erstwhile Patiala and East Punjab States Union. After the States Reorganisation Act, 1956 when the said territories were merged, the Sikh Gurdwaras Act, 1925 (hereinafter called 'the Act') was made applicable to the places of worship situated in the areas to which the Act was made applicable by Punjab Act I of 1959 (hereinafter called 'the amending Act').

(3.) The appellant Lachman Das in Civil Appeal No. 1251 of 1969 alleges that he is an Udasi Faquir belonging to the Udasi Sect founded by Sri Chand; that he was the Mahant of Gurdwara Sahib Pinjore for several years and in that capacity was in possession and control of all the properties belonging to it that the Mahantship of an Udasi Gurdwara devolves from Guru to Chella which is opposed to the belief of the Sikhs who believe only in ten Gurus and none else, and that though the Gurdwara is an Udasi Gurdwara it has been included in Sch. I of the Act the effect of which, read with sub-ss. (2) and (4) of S. 3, makes the declaration in the notification that it is a Sikh Gurdwara conclusive and incapable of being challenged.