RAJINDER SINGH Vs. DELHI SIKH GURWAR PRABANDHAK COMMITTEE

JUDGEMENT

(1.) This petition is directed against the Delhi Sikh Gurdwara Prabandhak Committee through its President for issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction commanding the Committee to produce the records of the proceedings of the meetings of the Committee dated 10 May 1994 and 21 May 1994, also the resolution No. 9 dated 26 May 1994. Respondent is also sought to be restrained from taking any further action in pursuance to the aforesaid meetings, and the resolution. A writ of mandamus is also sought requiring the respondent to restore the Committees and Governing Bodies of the colleges and schools as were functioning on 9 May 1994.

(2.) There are five petitioners who are members of the Sikh community. The Delhi Sikh Gurdwara Act, 1971, (for short 'the Act') was enacted to provide for the proper management of the Sikh Gurdwaras and Gurdwara property in Delhi and for matters connected therewith. As per the minutes of the meeting of the Committee dated 10 May 1994 Acting Jathedar Akal Takht Sahib announced on the request of all the members of the Committee that w.e.f. 10 May 1994 whole of the Executive Board of the respondent and all Governing Bodies of the schools and colleges and all sub-committees stood dissolved which was accepted by the members unanimously. 34 members'of the Committee attended this meeting. In the minutes till the formation of the new committee (board) certain procedure was laid down. The minutes of this date further record that in writing and with request of a 11 the members all rights were given to Acting Jathedar Akal Takht Sahib to nominate office bearers and executive members for the current year to which the members said they would abide by his orders and they undertook that they would not make any objection to the nominated committee and orders of Acting Jathedar Akal Takhat Sahib and would not create any hindrance in any manner. It was also resolved that nobody would object to the decision of the Acting Jathedar Akal Takhat Sahib and nobody would go to the court of law, and that in any case if any member had moved any court on 10 May 1994 he should withdraw the case. It was also announced by the Acting Jathedar Akal Takhat Sahib in this meeting on 10 May 1994 that on 21 May 1994 at 11.00 A.M. he would announce the decision in the General House. In the meanwhile, a writ petition, being CWP No. 2219/94, was filed in this Court on 20 May 1994 by Mr. Jasbir Singh and another against the respondent and others seeking stay of holding of meeting dated 21 May 1994. A Division Bench of this Court passed the following order on 20 May 1994 itself whereby the petition was dismissed as withdrawn : 20.5.94. Present: Mr.R.K.Anand, Sr.Advocate, with Mr.Muneesh Malhotra and Mr.Lovkesh Sawhney for the petitioner. CWP No.2219/94 & C.M. 4533/94: Mr.G.S.Vohra along with S/Sh. M.S.Vohra, A.P.S. Ahluwalia and H.S. Phoolka enter appearance for Delhi Sikh Gurdwara Management Prabhandhak Committee, respondent No.l stating that they are appearing under instructions of Manager of the Committee. The learned counsel appearing for both the sides press for an early hearing of the matter at least on the question of interim relief. We would like to hear the respondents 2 to 4. Let notice issue to respondents 2, 3 and 4 in the main petition as well in the C.M., returnable on 24th May, 1994. Service DASTI. At this stage, the learned counsel for respondent No. 1 states that the respondents do not object to election being held tomorrow at 11.00 A.M., which will be conducted by Sardar Kirpal Singh Sangatpuri, respondent No.2 and held in accordance with law, i.e, the provisions of Delhi Sikh Gurdwara Committee Act, 1971. In view of that statement the learned counsel for the petitioner withdraws the petition. Dismissed as withdrawn. Copy of the order be given dasti to the counsel for both the parties.

(3.) The petitioners now before us were not the petitioners in that writ petition and, it appears, Sardar Kirpal Singh Sangatpuri, President, was also not a party there. It is stated that he was informed of this order late in the evening and the following day at 9 A.M. he issued a communication addressed to the Manager of the respondent informing him that the meeting of the Committee proposed to be held on 21 May 1994 at 11,00 A.M. stood cancelled and that further information for calling of the meeting of the Committee in accordance with the rules and regulations under the Act shall be called in due course. There is a great deal of controversy if this letter cancelling the meeting was at all received by the Manager of the respondent and brought to the notice of the members of the Committee. It appears that the meeting was held on 21 May 1994 in the absence of the President and even Senior Vice President. Minutes of the meeting show that as many as 31 members of the Committee were present and Bhaiya Gurbachan Singh, Vice President, was elected to preside over the meeting. Announcement of the Acting Jathedar Akal Takhat Sahib was recorded wherein he mentioned that he had been invited by S. Kirpal Singh Sangatpuri, President of the Delhi Sikh Gurdwara Prabandhak Committee, on 10 May 1994 to attend the General House and accordingly he was present. He said that on protest by all the members that annual election due for 2 September 1994 had not been held which was against the law, and that all the 34 members had in writing empowered him to elect the new office bearers and executive members in the General House fixed for 21 May 1994 at 11.00 A.M., and that all the powers were delegated to him. He further said that it was also undertaken by all the members that no member would go to any court of law directly or indirectly and differences if any amongst them would be resolved amicably. Thereafter, the minutes record the proceedings of proposal and nomination of the President, Senior Vice President, Vice President, General Secretary, Joint Secretary and other members of the Executive Board. The minutes also record that immediately after the election of the Mr. Manjeet Singh Calcutta as President Bhaiya Gurbachan singh handed over his charge to him and allowed Mr. Calcutta to go ahead with further proceedings of the meeting. The elections of the Senior Vice President, Vice President and other office bearers and members of the Executive Board were held under the Presidentship of Mr. Calcutta. The minutes of 21 May 1994 are also signed by the newly elected President and the General Secretary.