S KEHAR SINGH Vs. PUNJAB GOVERNMENT

JUDGEMENT

(1.) THIS writ petition initially came up for hearing before Bishan Narain J. , who on 14-10-1957 referred it for decision by a larger Bench as the point involved was important and bare of authority.

(2.) THE facts out of which this petition has arisen briefly stated are that a vacancy on the committee of management Gurdwara Bhatta Sahib Kotla Nihang Tehsil Rupar District Ambala under the Sikh Gurdwaras Act occurred on 4-12-1956 on account of removal of S. Sunder Singh under Section 95 of the Sikh Giirdwaras Act (Punjab Act No. VIII of 1925 ). This necessitated the holding of a bye-election under Section 96 (1) of the Act read with R. 4 of the Sikh Giirdwaras Committee Election Rules of 1954. On 4-7-1957, Shri Samp Kishan, election Commissioner, directed the Returning Officer of committee constituencies for gurdwaras mentioned in the statement enclosed therewith to call upon the constituencies concerned to elect the required number of members; a complete programme of the election was given in this direction. It may be stated that the elections were to be held with respect to several committees involving more than 100 bye-elections and the extent of the constituency of each committee (including the one in question in the present writ petition) was given in the statement attached to this communication.

(3.) IN pursuance of his direction, on 8-7-1957, the Returning Officer called upon the constituency in question to elect a member to the Committee of management in place of S. Sunder Singh. It is worthy of note as mentioned above, that as a matter of fact there were no less than 104 bye-elections to various Gurdwaras in the Punjab which were directed by the Commissioner, gurdwara Elections, respondent No. 2, to be held and the various Returning Officers were directed by the same communication to call upon their respective constituencies on the above date to elect members to the various committees, the same date-sheet having been adopted throughout the State. Annexure 'a' to the writ petition which contains the directions from the elections Commissioner contains the following date-sheet;