JOGINDER SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) THIS is a Civil Revision filed under Article 227 of the Constitution of India by Joginder Singh and Puran Singh whereby they have sought the quashing and the setting aside of the order dated 9.5.2000 Annexure P1 passed by Sikh Gurdwara Judicial Commission (hereinafter referred to as the Judicial Commission), Amritsar in case No. 4 of 2000 on its file. They have further sought the setting aside of the observations made by the Judicial Commission in its order dated 9.5.2000 Annexure P2 in case No. 4 of 2000 directing the elected and nominated members to hold meeting for election of the office-bearers to Gurdwara Salochahal (Achal Sahib) excluding Shiwala Talab Kalan and Shiwala Bhandarian.

(2.) FACTS : Gurdwara Salochahal (Achal Sahib) excluding Shiwala Talab Kalan and Shiwala Bhandarian is a notified Sikh Gurdwara mentioned at Sr. No. 69 in Schedule I attached to the Sikh Gurdwaras Act, 1925. This Gurdwara is to be managed under the provisions of the Sikh Gurdwara Act. Govt. of Punjab issued notification in the year 1998 for holding elections to the committee of the management of this gurdwara. Petitioners Joginder Singh, Puran Singh and respondents Balbir Singh, Baldev Singh and Mohinder Singh were elected/nominated as members to the committee of management under Section 87 of the Sikh Gurdwara Act, 1925. Four members are elected while one member is nominated by the Shiromani Gurdwara Parbandhak Committee. After the election and nomination, the State Govt. notifies them under Section 88 of the Sikh Gurdwara Act. Petitioners and respondents No. 1 to 3 were notified by the State Govt. under Section 88 of the Sikh Gurdwara Act to the committee of management of this gurdwara. After the constitution of committee of management, the General Secretary of SGPC is to call its first meeting for election to the office of the President and Vice President of the committee of management under Section 101 of the Act. General Secretary of the Board i.e. SGPC vide letter No. 87/5909/6-Gur Salochahal dated 11.12.1999 called the meeting of the newly elected/nominated members for election of the President and the Vice President. Vide this letter, meeting was required to be held on 15.12.1999 at 10 AM in the premises of the gurdwara. Newly elected and nominated members were informed about the holding of the said meeting for the election of the President and the Vice President. One executive member of the Board namely Shri Pritam Singh Bhatia respondent No. 4 was also requested to be present. Respondent No. 5 Nirmal Singh/Inspector SGPC was also directed to be present. After the receipt of this letter, meeting was held on 15.12.1999 in the presence of all the elected and nominated members and in the presence of respondents No. 4 and 5 as well. In the said meeting, petitioners were elected as President and Vice President. Proceedings recorded in the proceedings book were signed by all the members, Pritam Singh Bhatia and Gurdwara Inspector i.e. respondents No. 4 and 5. Proceedings of the meeting were duly recorded which is Annexure P-4. Before the committee of management was elected and notified by the State Govt. gurdwara was being managed by Shri Dyal Singh who was appointed as receiver by the Commission. After the holding of the election to the committee of management of this gurdwara and after the election of the President and the Vice President thereto, the said receiver was to hand over charge to the newly elected office-bearers of the committee of management. Assistant Secretary of the SGPC wrote to the said receiver vide letter No. 87/7354/1 dated 29.1.2000 (Annexure P-5) for handing over charge to the petitioners who were elected as the President and the Vice President of the Gurdwara. Petitioner Joginder Singh vide Annexure P-6 requested the Chairman of the Sikh Gurdwara Judicial Commission, Amritsar that he was duly elected President of the gurdwara and the charge of the gurdwara be got handed over to him from the receiver. On 19.1.2000 respondents No. 1 to 3 filed petition under Section 142 of the Sikh Gurdwara Act, 1925 (Annexure P-7) against the petitioners and respondents No. 1 and 5 whereby they prayed that the election of the petitioners i.e. Joginder Singh and Puran Singh as President and Vice President of the committee of management be set aside and they (respondents 1 to 3) be declared as duly elected President and Vice President of the committee of management with further prayer that they (Joginder Singh and Puran Singh) be restrained permanently from interfering forcibly or illegally in the management of the affairs of the gurdwara. Petitioners Joginder Singh and Puran Singh filed written statement (Annexure P-8) to the said petition controverting the election of respondents 1 to 2 urging that petition under Section 142 of the Act was not maintainable and their election to the office of President and Vice President and to the committee of management was quite valid having been held under Section 101 of the Act by the General Secretary of the SGPC. Along with petition respondents 1 to 3 filed application under Order 39 rules 1 and 2 read with Section 151 CPC (Annexure P-9) for the grant of temporary ad- interim injunction restraining them i.e. Joginder Singh and Puran Singh from interfering forcibly and illegally into the management of the affairs of the gurdwara. They put in reply (Annexure P-10). Respondents 1 to 3 filed yet another application (Annexure P-11) under Section 151 CPC for obtaining an order for election to the office of President and Vice President of the committee of management of this gurdwara. They filed reply to this application (Annexure P-12). Commission vide order dated 25.4.2000 (Annexure P-13) dismissed the application under Order 39 rules 1 and 2 read with Section 151 CPC as not pressed. On the application (Annexure P-11), the Commission held this application as not maintainable under Section 151 CPC at this stage and dismissed the same as not maintainable but the concluding lines of the Order Annexure P2 granted the relief for holding elections of the office-bearers i.e. President and Vice President and passed a separate detailed order Annexure P-1.

(3.) GURDWARA Salochahal (Achal Sahib) excluding Shiwala Talab Kalan and Shiwala Bhandarian is a notified Sikh Gurdwara mentioned at Serial No. 69 in the Schedule I attached to the Sikh Gurdwara Act, 1925. SGPC is the committee to manage of all such gurdwaras as are mentioned in Section 85 of the Sikh Gurdwaras Act, 1925. There are other two types of gurdwaras as mentioned in Section 87 of the Act. In respect of those gurdwaras, the annual income of which is less than Rs. 1 lac, SGPC is to nominate the committee of management. If income of gurdwara is more than Rs. 1 lac, the State Govt. is to hold election for electing the committee of management by constituting constituents. After elections, the State Govt. is to notify the duly elected committee of management under Section 88 of the Act. So far as income of this gurdwara is concerned, it is more than Rs. 1 lac and, therefore, the State Govt. ordered election for electing the committee of management of this gurdwara. This gurdwara was earlier under the control of the receiver appointed by the Sikh Gurdwara Judicial Commission. This receiver was committee of management. In October 1998, elections were held to the committee of management of this gurdwara. Petitioner No. 1 and respondents 1 to 3 were elected and notified by the State Govt. Petitioner No. 2 was nominated by the SGPC. Petitioner No. 2 belongs to scheduled caste. Under Section 87 of the Act, every committee shall consist of 5 members out of which one at least shall be a person belonging to the scheduled castes. This became the committee of management irrespective of nomination or election. Section 101 of the Act lays down that every committee shall at its first meeting, which shall be called by the General Secretary of the Board or any person specially authorised by him in this behalf, within 60 days of the constitution of the Committee, elect a member to be President and another member to be Vice President and each of the members so elected shall hold office during the continuance of the committee or until he resigns or ceases to be member of the committee. It was submitted by the learned counsel for the petitioner that in view of the provisions of Section 101 of the Act after the constitution of committee of management, the General Secretary of the SGPC Vide letter No. 87/5909/6-Gur Salochahal dated 11.12.1999 called the meeting of the newly elected/nominated members for the election of the President and Vice President. Vide this letter the meeting was required to be held on 15.12.1999 at 10 AM in the premises of the gurdwara and the duly elected and nominated members were duly informed about the holding of the said meeting for the election of the President and the Vice President. One executive member of the SGPC Shri Pritam Singh Bhatia respondent No. 4 was requested to be present at the said meeting. Respondent No. 5 Nirmal Singh Inspector, SGPC was also directed to be present at the said meeting. After the receipt of this letter meeting was held on 15.12.1999 in the presence of all the elected and nominated members and also in the presence of respondents 4 and 5. It was submitted that petitioners 1 and 2 were duly elected as President and Vice President respectively of the committee of management of this gurdwara. It was submitted that proceedings recorded in the proceedings book were duly signed by all the members and Pritam Singh Bhatia and Nirmal Singh Inspector SGPC as well. Annexure P4 is the copy of the proceedings of that meeting. Before the committee of the management was elected and notified by the State Govt., this gurdwara was being managed by Sardar Dyal Singh who was receiver appointed by the Sikh Gurdwara Judicial Commission, Amritsar. After the holding of the elections and the election of the President and Vice President of the committee of management, the said receiver was to hand over charge to the newly elected office-bearers of the committee of management. It was submitted that Assistant Secretary of the SGPC wrote letter No. 87/7354 dated 29.1.2000 Annexure P-5 to the said receiver Dyal Singh to hand over charge to the petitioners No. 1 and 2 who were the President and Vice President of the gurdwara management committee. Petitioner No. 1 requested the Chairman of the Sikh Gurdwara Judicial Commission vide letter Annexure P6 that as he was duly elected President of the gurdwara, receiver be directed to deliver him the charge of the gurdwara. It was submitted that they were a duly constituted committee of management of this gurdwara notified by the State Govt. and petitioner No. 1 was duly elected President and petitioner No. 2 was duly elected Vice President of the committee of management but respondents 1 to 3 questioned their election as President and Vice President respectively of this gurdwara by filing election petition under Section 142 of the Act before Sikh Gurdwara Judicial Commission, Amritsar praying that their election be set aside and they (Baldev Singh and Balkar Singh respondents 1 and 2) be declared as duly elected President and Vice President of the committee of management and further they (Joginder Singh and Puran Singh) be restrained permanently from interfering forcibly or illegally in the management of the affairs of the gurdwara.