SARDAR SURJEETSINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Perused the records.

(3.) The petitioners challenge the notifications dated 16-1-2003 and 21-10-2004 issued by the respondent No. 1 to the extent it appointed the respondent No. 4 either as the Member or the President of the Committee for the administration and management of the institution called the Nanded Sikh Gurudwara Sachkhand Shri hazur Apchalnagar Sahib (hereinafter called as "the Gurudwara") on account of being appointed as the Hon'ble Governor of the State of Bihar since November last. The challenge is on the ground that Article 158 (2) of the Constitution of India does not permit the Governor of a State to hold any other office of profit and that the office of member and/or president of the said Gurudwara, is an office of profit and therefore, the respondent No. 4, having been appointed as the Honourable governor of the State of Bihar, is not entitled to continue to be a Member or the president of the Committee appointed for the administration of the Gurudwara, and hence, on account of failure on the part of the respondent No. 4 to get himself disassociated from the said office, the respondent No. 1 ought to have taken necessary steps to delete the name of the respondent No. 4 from being the member and president of the said committee for the Gurudwara.