AVTAR SINGH Vs. DELHI STATE

JUDGEMENT

(1.) This Petition has been filed under Article 226 of the Constitution of India for quashing the proceedings which took place in the second meeting convened to elect members of the Executive Board of Delhi Sikh Gurdwarda Management Committee (for short' DSGMC') held on May 12, 1999 and for declaration of the same as illegal and noil est. Notice of the meeting was issued on April 21,1999 by the President S. Jaswant Singh Sethi. The said notice reads as follows:

(2.) The provisions which are relevant for the purposes of resolving the present controversy between the parties as contained in Sections 3,4,5,11,12,13 and 17 of The Delhi Sikh Gurdwaras Act, 1971 (hereinafter referred to as 'the Act') may be reproduced as below:

(3.) The Petitioners have also filed copies of photographs as well as torn ballot papers as Annexure X (collectively) to the writ Petition to indicate that the situation was tense and fair and free elections could not take place. The meeting of the Executive Committee was deemed to be postponed by the President. On the above basis it is contended by the Petitioners that the meeting for electing the office bearers and members of Executive Committee having been postponed neither any election was possible nor it was held by the Respondents. This is the short question which is the subject- matter of challenge in the present Petition.