MANJIT SINGH CALCUTTA ETC Vs. SGPC AMRITSAR ETC

JUDGEMENT

(1.) SHIROMANI Gurdwara Parbandhak Committee (hereinafter referred to as SGPC) is providing financial aid to a number of educational institutions. One of the institutions run by it was charitable hospital known as Sri Guru Ram Dass Medical and Research Institute, Amritsar. The executive committee of the SGPC in its meeting held on 26.1.1992 at Anandpur Sahib, resolved through a resolution that the control and management of the said hospital be passed on to irrevocable charitable trust to be created under the supervision of Shri G.S. Tohra, the then President of SGPC, Amritsar. In pursuance of the resolution, trust known as Sri Guru Ram Dass Hospital Charitable Trust was created on 15.12.1992 vide a registered trust -deed. Paragraph 4 of the trust -deed deals with composition of Board of Trustees. In accordance with Paragraph 4 of the trust -deed, Board of trustees was constituted. The Board of Trustees in its meeting dated 6.4.1993 held under the chairmanship of Shri G.S. Tohra, passed resolution inter -alia appointing Dr. Hardas Singh as Vice Chairman of the Trusts and Sh. Manjit Singh Calcutta as Member Secretary of the same. Resolutions were also passed for transferring accounts and FDRs in the name of Sri Guru Ram Dass Hospital Charitable Trust and for operating the same.

(2.) THE first term of the trustees was to expire on 11.3.1999. According to the Petitioners, in the meeting of the general house of SGPC held on 23.10.1998, vide resolution No. 38 Shri G.S. Tohra, the then President was authorised to appoint Trustees for the next term of six years. Further, according to the Petitioners, Shri G.S. Tohra, nominated the Petitioners as trustees on 16.1.1999. Petitioners have alleged that meeting of the new Board of Trustees was held on 13.3.1999 at Amritsar and certain resolutions were passed vide which Dr. Hardas Singh was appointed as Vice President and Sh. Manjit Singh Calcutta as Member Secretary. Resolutions were also passed regarding budget and operating of accounts of different educational institutions. Further, according to the Petitioners, in December, 1998, political differences arose between Shri Parkash Singh Badal, Chief Minister of Punjab and Shri G.S. Tohra, President, SGPC. The case of the Petitioners is that Shri G.S. Tohra resigned as President of SGPC on 15.3.1999 whereas the case of Respondents 1 to 4 is that 'No Confidence Motion' was passed against him on 16.3.1999. Be that, as it may, on 16.3.1999 Bibi Jagir Kaur became the President of the SGPC. A public notice appeared in the Daily Tribune dated 6.4.1999 that all the trusts have been dissolved vide resolution dated 30.3.1999 passed in a meeting of the general house of the SGPC. Kulwant Singh, Secretary, SGPC, Amritsar, wrote letter dated 31.3.1999 to the Principal, Sri Guru Ram Dass Institute of Medical Sciences and Research, Amritsar, that the meeting of the general house of the SGPC was held on 30.3.1999 and Sri Guru Ram Dass Charitable Hospital Trust, Amritsar, has been dissolved and in future, all the affairs relating to the management of the trust shall be carried out on the instructions of the Head Office of the SGPC. Principal was also asked to send the budget of the college/institute for the year 1999 -2000 to the SGPC for approval. Petitioners challenged public notice dated 6.4.1999 which had appeared in the Daily Tribune and then letter sent by Kulwant Singh, Secretary, SGPC, to the Principal of Medical College, by way of Civil Writ Petition No. 5521 of 1999. In the said writ petition, Petitioners contended that the trust -deed did not authorise SGPC to dissolve the Trust. Upon notice of the writ petition, a short reply was filed by the SGPC through its Secretary, Kulwant Singh, in which it was submitted that news item dated 6.4.1999 does not portray the correct position. Regarding letter dated 31.3.1999, it was submitted that the same stands withdrawn and no action to be taken on the same. It was also stated that the said letter was issued erroneously and did not convey the spirit of the resolution passed by the general house of the SGPC on 30.3.1999. On consideration of the reply, a Division Bench of this Court vide order dated 3.6.1999 disposed of the writ petition as infructuous.

(3.) UPON notice of the writ petition, a detailed written statement has been filed by Respondents 1 to 4. Respondents 1 to 4 have denied that resolutions No. 37 and 38 dated 23.10. 1998 had been placed or approved by the general house of SGPC in its meeting held on 23.10.1998. According to the Respondents, in the meeting held on 30.3.1999 when the minutes of the meeting of general house held on 23.10.1998 and 16.3.1999 had to be confirmed, it was brought to the notice of the house by some of the members that resolutions No. 37 and 38 had never been moved or placed before the general house of SGPC in the meeting held on 23.10.1998, After perusing the record, it was discovered that no resolutions No. 37 and 38 had been passed by the general house and as such, both these resolutions were unanimously rejected by the general house of SGPC and proceedings of the general house held on 23.10.1998 in respect of these two resolutions were struck off. Respondents have stated that as per the trust -deed, it was only the executive committee of the SGPC which was competent to nominate trustees and therefore, the nomination made by Shri G.S. Tohara in pursuance of resolutions No. 37 and 38 alleged to have been passed on 23.10.1998 was totally without jurisdiction. Further, according to the Respondents, general house of SGPC in its meeting held on 30.3.1999 vide resolution No. 203 authorised executive committee of the SGPC to make the nominations of trustees as per the clause contained in the trust -deed. Consequent upon the passing of resolution No. 203, meeting of the executive committee of the SGPC was held on 5.6.1999 in which Bibi Jagir Kaur was authorised in her capacity as President of the SGPC to nominate trustees for the next 6 years and resolution No. 495 in this regard was passed. It was on the basis of this authorisation mat fresh nomination of trustees Was made by the President of the SGPC. Petitioners in their replication have denied that any member raised any objection in the meeting held on 30.3.1999 that resolutions No. 37 and 38 had not been passed in the meeting of the general house of SGPC held on 23.10.1998.