DIRECTORATE OF GURDWARA ELECTIONS Vs. DASHMESH SEWA SOCIETY

JUDGEMENT

(1.) These intra court appeals by, (i) the Directorate of Gurdwara Elections, (ii) the Lieutenant Governor, Delhi, and (iii) the Government of NCT of Delhi, impugn the common judgment dated 7 th February, 2012 of a learned Single Judge of this Court in WP(C) No. 4166/2011 and WP(C) No. 311/2012 preferred by the respondents (a) Dashmesh Sewa Society (Regd.) and Shiromani Akali Dal (Delhi-U.K.) and (b) Shri Harmohan Singh respectively. Vide the impugned judgment, the learned Single Judge has inter alia directed the appellants, to first complete the process of preparation of fresh electoral rolls and the process of delimitation of wards/ constituencies before notifying the general elections to the post of members of the respondent Delhi Sikh Gurdwara Management Committee (DSGMC). It may be stated that the appellants had vide public notice dated 27 th /28 th January, 2012, scheduled the said Elections on 11 th March, 2012 with notification for conduct of elections and filing of nomination papers to be issued on 16 th February, 2012. The Learned Single Judge has in the impugned judgment dated 7 th February, 2012 inter alia observed, that since the elections were then yet to be notified on 16 th February, 2012, the election process could not be said to have begun for the bar to stay thereof being attracted.

(2.) WP(C) No. 4166/2011 was filed in or about June 2011 pleading that, (a) DSGMC is a statutory body constituted under Section 3 of the Delhi Sikh Gurdwaras Act, 1971 for management of Sikh Gurdwaras and their properties; (b) DSGMC comprises of 46 members to be elected from various wards into which Delhi is to be divided in accordance with the provision of the Act, besides nine co-opted / nominated members; (c) the term of the Committee is of four years; (d) that the last election of the members of the DSGMC were held on 14 th January, 2007 and the term of the Committee then elected expired on 8 th February, 2011; (e) that on representation of the respondents/writ petitioners Dashmesh Sewa Society and Shiromani Akali Dal (Delhi-U.K.), the work of preparation of fresh electoral rolls and of delimitation was commenced but had not been completed; (f) that the Delhi Government was not serious about holding fresh elections for membership of DSGMC. Accordingly, mandamus was sought commanding the appellants to immediately complete the election process and conduct the elections.

(3.) Whilst the aforesaid writ petition was pending consideration, WP(C) No. 311/2012 was filed in or about January 2012 pleading that though, feeling the need for preparation of fresh voter list and for delimitation of wards which were fixed 25 years ago, directions in this regard were issued by the Lieutenant Governor, Delhi as far back as on 4 th June, 2010 but till then neither process had been completed; on the contrary, elections were being threatened to be held on the basis of incomplete voter lists and wards fixed 25 years ago. Accordingly, direction was sought for preparation of electoral rolls having photograph of individual voters and for completion of the exercise of delimitation in terms of the Minutes of Meeting held by the Lieutenant Governor on 5 th October, 2011 and before conducting the elections to the membership of the DSGMC.