HARDEO SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) RAJESH Tandon, J. Heard Sri M. S. Pal, Sr. Advocate assisted by Sri S. K. Mandal and Sri C. S. Bagadwa, Counsel for the petitioners and Standing Counsel for State of U. P. , State of Uttaranchal and the Central Government.

(2.) BY the present writ petition the petitioners have prayed for a writ of mandamus directing the respondents to frame the scheme of management for the administration of Gurudwara Nanakmata Sahib in conformity with the judgment dated 20-8-1935 passed by Mr. J. R. W. Benett Esquire, ICS, District Singh and Ors. v. Chaudhary Ram Singh Sarupnand, under Section 92 of the Code of Civil Procedure. Further prayer has been made for a writ of certiorari quashing the BYelaws so framed and registered under Societies Act, in 1959.

(3.) THE petitioners have alleged that an application dated 10-7- 1959 under the Societies Act, was moved before the Registrar, Societies and Chits, Kumaon Region (Hardwar) by the managing committee of the Gurudwara Shri Nanakmatta Sahib with its aims and objects. THE petitioners filed a Memorandum of Association/certificate for the renewal of the Society dated 27- 11-1995, Annexure-2 to the writ petition. Amendment was also made in the Rules and Regulations in the year 1997 amended rules and regulations were also annexed as Annexure-3 to the writ petition. THE petitioners have alleged that the framing of rules and registration of committee for the management of the Shrine is violative of the judgment and decree passed by the District Judge, Kumaon in Civil Suit No. 3 of 1934 (N ). Registration of the Gurudwara Prabandhak Committee Shri Nanakmatta Sahib by the Registrar of U. P. , Lucknow is erroneous in the eyes of law in view of the final judgment and decree passed by the District Judge, Kumaon. THE petitioners have submitted that the registration had been done with mala fide intention inter alia is ultra vires, and is a nullity and is liable to be struck down. In the violation of the order passed by the District Judge, the Society has inducted number of members of the Committee from 5 to 31 in order to gain the personal and political interests of certain influential and politically strong Sikh politicians. THE society formed in the year 1959, did not even effectively manage the affairs of the estate of the Gurudwara and protected and managed the financial and religious interest of the Gurudwara and has always remained a fraction ridden management resulting into the serious acrimony among themselves.