AMARJIT SINGH SIDHU Vs. JEETMOHINDER SINGH SIDHU

JUDGEMENT

(1.) THIS is an application under Order 6 Rule 16 read with Order 7 Rule 11 of the Code of Civil Procedure and Sections 83, 86 and 87 of the Representation of Peoples Act, 1951 (for short the Act) for striking out the pleadings and for rejection of the Election Petition. An Election Petition under Sections 80, 80A, 100 and 101 of the Act has been moved for setting aside and declaring the election of respondent -applicant from Talwandi Sabo constituency as null and void. The averments made in the election petition read as under:

(2.) THAT the petitioner is a resident and Voter in 110 Pacca Kalan, Assembly Constituency of the Vidhan Sabha at Sr. No. 621 in part No. 065 of electoral roll. The petitioner was a candidate set up by a registered political party namely Shiromani Akali Dal. After the process of scrutiny, total eleven candidates were left in fray for the said constituency including the petitioner. The respondent was candidate of Indian National Congress. The poll was held in accordance with the schedule as reproduced above and as per the result sheet, the following were the votes secured by the different candidates:

(3.) THAT there is a religion/ community called as 'Sacha Sauda' which had been established over 50 years ago and is based at Sirsa in Haryana having a following of over 20 lakh people in Punjab. This sect has predominance in the Malwa region of Punjab comprising of Districts of Patiala, Sangrur, Bathinda, Mansa, Faridkot, Ferozepur, Roopnagar etc. and has it's followers spread over uniformly in these districts. This religion/community has lacs of followers in other states as well. Each constituency in this belt has approximately 25,000/ - followers. In the constituency of 109 -Talwandi Sabo, it has a larger following of over 25,000 followers. The followers of this religion are called 'Premis' and a collection of these Premis are addressed as 'Sadh Sangat' by them. They are fully organized in each village and have their religious, spiritual and cultural faith and allegiance with the Dera Sacha Sauda at Sirsa where the chief/ head/ Baba is Sant Gurmeet Ram Rahim Singh. This head of the dera is the spiritual and religious head of the Premis and is known as "Pita Jee'. In other words, Baba jee is the Guru of these Premis and they act according to his dictums and sermons. This religion has it's own distinct identity and operates under it's own religious and cultural system. The marriage ceremonies of the families of the Pemis are performed according to their own self -established norms and not in accordance with any other religion. At the time of joining this religion, every person is properly baptized by them and is given a 'Naam' where after the person becomes a part and parcel of this religion and operates within its frame work. This religion has it's own flag which is white in colour and many other religious symbols, books and religious practices for it's followers. They have their own token/currency system for purchasing items at the dera. This dera publishes their daily newspaper called 'Sach Kahun' which has a very wide circulation among it's followers. Every follower reads this newspaper daily and is circulated by the followers themselves. This dera is a distinct religious community and practices / believes in a religion of it's own with their own system of working. This dera is in the nature of a distinct religious community. It was set up in Sirsa in April, 1948 by Beparwah Shah Mastana Balochistani as the center of spiritual learning. This dera sacha sauda welcomed people from all walks of life. The successor of Shah Mastana was Shah Satnam Singh who had taken over in 1960 and followed the tenants and religious practices of his predecessor. In September, 1990, Shah Satnam held a big Satsang where his successor was named who is now the present incumbent on this religious seat namely Sant Gurmeet Ram Rahim Singh. There are about 2 crore followers of this religion (a) over the world and this dera has about 500 acres of land in Sirsa where the dera is situated. The Premis who are the followers of this religion go to the dera in a routine manner for worshipping and also to listen to the sermons of their Baba/ Bead / Pita jee. The belief of dera sacha sauda is that the followers consider and believe that the Head of the dera is the God himself in the form of human body. This religious practice also believe in miracles purported to be done by their dera Chiefs. The system of distribution of prasad is that the eatables are put in front of the Baba jee/ Head of dera and after he looks at these eatables, they transform into prasad and then distributed among the premis. This religion is totally different and distinct from other religions prevalent in Punjab namely Sikh, Hindu, Islam,Christian, Parsi etc. The followers of other religions named above do not follow the religious practice and rituals of the religion of sacha sauda and do not subscribe to their cultural, social, spiritual, or religious values. The religion of sacha sauda is rather in it's own water -tight compartment and there is no intermingling with other religions. It has a separate entity of its own.