GURDWARA PARBANDHAK COMMITTEE Vs. SHIROMANI GURDWARA PARBANDHAK COMMITTEE

JUDGEMENT

(1.) THIS is an appeal against the order of the Sikh Gurdwara Judicial Commission, Amritsar, dated 3rd September, 1969, whereby on an application of the Respondent, Shriromani Gurdwara Parbandhak Committee, Amritsar, the Appellant Committee, was ordered to pay Rs. 2,186.81 in four equal six monthly instalments of Rs. 546.70 each to the Respondent -Committee. This order was passed under Section 124(2) of the Sikh Gurdwaras Act, 1925 (hereinafter called the Act).

(2.) ON behalf of the Respondent -Committee a preliminary objection has been raised that no appeal lies against an order passed under Section 124(2) of the Act and the appeal is, therefore, not competent. There seems considerable merit in this argument. Under Section 107(1) of the Act, "every committee shall pay annually to the Board for the purpose of meeting the lawful expenses of the Board a contribution in money out of the income of the gurdwara or gurdwaras under its management." This proportion has to be fixed by the Board tinder Sub -section (2) of Section 107 of the Act, which shall not exceed one -tenth of the income of the gurdwara. If the contribution has been fixed the Board is required to issue a notice to the gurdwara under Section 124(1) of the Act, to pay the contribution. If the committee of the gurdwara fails, after due notice to pay the contribution; the Board is entitled to make an application to the Commission under Section 124(2) of the Act and the Commission has then to decide the amount payable by the committee of the gurdwara. An order has then to be passed directing the committee to pay a sum, payable either in lump sum or by instalments as it deems fit. After an order under Section 124(2) of the Act is passed, the committee of the gurdwara is required to make the payment. There is no provision in the Act for an appeal against an order passed under Section 124(2) of the Act.

(3.) FACED with this situation, it is prayed that the appeal be treated as a revision or a petition under Article 226 or 227 of the Constitution of India. No revision is provided against an order passed by the Commission under Section 124(2) and this being the position the present appeal cannot be treated as a revision. So far as constitutional remedies are concerned, they are entirely different from an appeal and a petition for appeal cannot, therefore, be treated" as a petition under Article 226 and 227 of the Constitution of India.