PRABANDHAK COMMITTEE THROUGH ITS MEMBER CHARANJIT SINGH, SON OF LATE DESHA SINGH Vs. SARDAR AMARJEET SINGH, SON OF LATE BALWANT SINGH

JUDGEMENT

(1.) This application, under Article 227 of the Constitution of India, has been filed against an order, dated 07.11.2017, passed, by learned District Judge, Patna, in Misc. Case No. 173 of 2017, whereby he has allowed the miscellaneous application filed by respondent no. 1, under Article 77 of "the Constitution and Bylaws of Sri Takht Harimandir Ji Patna Saheb, Patna City" (hereinafter referred to as "Bylaws') and has held the election of new office bearers under Article 31 of the said Bylaws to be illegal on the ground of the same being against the provisions of the Bylaws. The learned District Judge, Patna, has declared the election of the office bearers, held on 03.09.2017, as null and void.

(2.) Assailing the impugned order, Mr. P. K. Shahi, learned Senior Counsel, appearing on behalf of the petitioner, which is Prabandhak Committee of said Sri Takht Harimandir Ji, Patna Saheb, has submitted that the impugned order has been passed under misconception that the said election was held for electing office bearers in pursuance of an earlier order of the learned District Judge, Patna, dated 01.09.2017, passed in Misc. Case No. 150 of 2017.

(3.) The said respondent no. 1 had approached the learned District Judge, Patna, by filing Misc. Case No. 150 of 2017, seeking direction to the Prabandhak Committee to fix a fresh election date for election of the new Prabandhak Committee, as the term of the present Prabandhak Committee had expired in the month of July, 2017. Learned District Judge, Patna, by the order, dated 01.09.2017, while disposing of Misc. Case No. 150 of 2017, had directed that the parties shall approach the Bihar State Election Authority, Patna, for the purpose of election of Prabandhak Committee. The Bihar State Election Authority, Patna, was, in turn, directed to conduct election of the Prabandhak Committee as soon as possible, preferably within three months.