JASJIT SINGH Vs. DIRECTORATE OF GURDWARA ELECTIONS

JUDGEMENT

(1.) The elections to fill up the seats of Delhi Sikh Gurudwara Management Committee are held under the superintendence and control of the Directorate of Gurudwara Elections. In exercise of the powers conferred upon him by sub Section (1) and (3) of Section 39 of Delhi Sikh Gurudwara Act, 1971, the Administrator of Delhi made the Rules called Delhi Sikh Gurudwara Management Committee (Election of Members) Rules, 1974. Rule 14(1) of the aforesaid Rules, prior to its amendment with effect from 28.7.2010 provided that the Director Gurudwara Election appointed under Section 13 of the aforesaid Act shall by notification in Delhi Gazette. After amendment, the rule provides that Director shall, by notification, Delhi Gazette specify the reserved symbols to be allotted to the recognized religious parties and the free symbols to be allotted to other candidates who are not set up by any recognized party at election and the condition for allotment of symbols.

(2.) Vide application dated 26.11.2010, the appellant no.2 Shiromani Akali Dal (UK) applied for registration as a recognized religious party and allotment of a reserved election symbol, for election of the members of Delhi Gurudwara Management Committee. The application was rejected vide order dated 2.2.2012 on the ground that though the appellant no.2 had claimed that two elected members of Delhi Sikh Gurudwaras Management Committee namely Davender Singh and Rajender Singh were its members, those persons had in writing denied being the members of the said party. Vide subsequent order dated 6.2.2012, the Director of Gurudwara Election Management Committee reserved the symbols "Bucket? for Shrimani Akali Dal (Badal) Delhi State), "Car? for Shrimani Akali Dal Delhi and "Candle? for Shiromani Akali Dal Panthak, which are respondents no.3 to 5 respectively in this appeal. Fourteen other symbols were kept as free symbols for allotment to other candidates seeking election to the next general election of the members of Delhi Sikh Gurudwara Management Committee to be held in March, 2012. Being aggrieved from the order dated 2.2.2012 and 6.2.2012, the appellant no.2 filed W.P(C) No.1074/2012 seeking quashing of the orders dated 6.2.2012 and 2.2.2013. The alternative prayer made in the writ petition was to direct the official respondent to apply the amended Rule 14 from next elections and allot election symbol to appellant no.2 as well. When the said writ petition came up for hearing before the learned Single Judge on 30.2.2012, the prayer made by the appellants for quashing the order dated 2.2.2012 qua them was rejected and the notice limited to challenge to the order dated 6.2.2012 was issued. The learned Single Judge vide the impugned order dated 20.12.2012 dismissed the writ petition. Being aggrieved, the appellants are before us by way of this appeal.

(3.) Rule 14 of the Delhi Sikh Gurudwara Management Committee (Election of Members), Rules, 1974, as it stood prior to its amendment reads as under: