MANOHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) AFTER hearing the parties on the issue relating to constitution of Prabandhak Committee and holding election for that purpose, we find that practical difficulties have arisen in implementation of the Constitution and bye -laws relating to famous Sikh shrine Takht Sri Harimandirji, Patna Saheb.

(2.) FROM a copy of the order dated 13.4.1993 passed in an earlier public interest litigation relating to 'the same shrine bearing C.W.J.C. No. 8737 of 1991, it appears that on 13.4.1993 this Court recorded its dismay on the stand of the State Government at that time according to which the State Government was not included to introduce an appropriate legislation for the proper management of the shrine. Ultimately as per the constitution and bye -laws an election could be held and the Prabandhak Committee continued and completed its last term in the year 2006. The present writ petition, by way of public interest litigation, has been filed so that Prabandhak Committee may be constituted and required election may be held to fill up all the categories of seats for the Prabandhak Committee.

(3.) THE present constitution and bye -laws were framed in the year 1956 in the course of proceedings in a Title Suit bearing Nos. 3/8 of 1943/1951 decided on 14.12.1954 by the Additional District Judge, Patna. As a result of settlement between the parties in that suit, it appears that the constitution and bye -laws were formulated and adopted after approval by the then District Judge, Patna.