SUCHA SINGH LANGAH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN all these writ petitions, challenge is to the notification dated 5.7.2002 (Annexure P/6 to the writ petitions) vide which the earlier notification dated 12.1.1999 has been rescinded and earlier Judicial Commission has been ordered to be restored. Prayer in the writ petitions itself was made for interim stay of this notification, which was not granted by the Court. However, during the pendency of the writ petitions miscellaneous applications for stay of the interim orders passed by the Judicial Commission functioning under the impugned notifications were also placed on record and by means of the interim application, challenge to the said orders which restrained the present petitioners from functioning as members of the Shiromani Gurdwara Prabhandhak Committee, Amritsar, hereinafter referred to as S.G.P.C., was raised.

(2.) BY this judgment we propose to deal with and dispose of above mentioned ten writ petitions as they involve common question of law based on similar facts. However, for the purposes of clarity and brevity, we are referring to the facts of the case of Sucha Singh Langah v. State of Punjab and others, 2004(1) R.C.R.(Civil) 245 : 2004(1) P.L.R. 705, CWP No. 17853 of 2002.

(3.) THE Sikh Gurdwara Act, 1925 provides for constitution and formation of Board, Tribunal, Committees and a Judicial Commission. On 9.11.1979 Shri Dara Singh - respondent No. 3 in this writ petition, was appointed as Member of the Judicial Commission. In July, 1981 Shri Raghbir Singh was also appointed as Member of the Judicial Commission. On 21.11.1996 elections were held after a lapse of 17 years to constitute the Shiromani Gurdwara Prabhandhak Committee. Vide resolution dated 20.12.1996 the S.G.P.C. had finalised the panel of names for appointment to the Sikh Gurdwara Judicial Commission and the same was sent to Government of Punjab under Section 71(1) of the Act on 19.2.1997. Vide Notification dated 12.1.1999 the Judicial Commission was constituted appointing S. Manmohan Singh Brar, S. Ajwant Singh and S. Amrik Singh as Members of the said Judicial Commission. On 6.1.1999 a notification was issued removing respondent Nos. 4 to 6 as members of the Judicial Commission. This notification was rescinded by notification dated 12.1.1999. Earlier members of the Judicial Commission, namely, S. Dara Singh and S. Kashmir Singh filed a writ petition Nos. 371 of 1999 and 374 of 1999 in the High Court challenging the notification issued by the Government dated 12.1.1999 vide which the Judicial Commission was re-constituted as afore-stated. The writ petitions were dismissed by a Larger Bench of this Court (Five Judges Bench) vide their judgment dated 13.9.2002. During the pendency of those writ petitions before the Larger Bench, the Government had issued notification dated 5.7.2002 rescinding the earlier notification of 12.1.1999 and restoring the earlier Judicial Commission. The petitioner, thus, has challenged the said Notification dated 5.7.2002 in the present writ petition and also the interim order passed by the Judicial Commission dated 7.11.2002."