SURESH CHANDER Vs. STATE OF J&K

JUDGEMENT

(1.) THIS petition filed under Art. 226 of the Constitution Of India, read with Section 103 of the Constitution Of Jammu and Kashmir seeks to challenge Notification No. 502/13/ GPC dated 22.2.1997, read with Notification No. 502/13/GPC dated 26.9.1997 issued by respondent No.2. In addition to this, communication No. FD/LD/GBC/97 dated 19.9.1997 and No. FC/LC/GPC/97 dated 15.9.1997 have been called in question. All these notifications/ communications relate to holding of elections to the State Sikh Gurwara Parbandhak Board (hereinafter called the Board) scheduled for tomorrow, the 12th of November, 1997.

(2.) CHALLENGES thrown to the election proceedings are as under: - 1. That the election notifications and other impugned communications proceed on the assumption that a Division is the constituency for the election of the Board. This assumption, according to the learned counsel for the petitioner, is contrary to Rule 36 of the Sikh Gurdwaras and Religious Endowment Rules, 1995 (hereinafter called the rules); 2. That Rule 36 creates a right in the members of Jammu District Gurdwara Parbhandak Committee to elect four members. Said right is frustrated in case same is not confined to the members of Jammu District Committee only. The members elected from other districts have no right to elect those persons elected from Jammu district;

(3.) THAT a combined reading of Rules 5,12 and 18 of the rules and the Act makes it clear that District must be the constituency for election to the State Board. In this behalf a reference is also made to a Single Bench Judgement of this court delivered in Writ Petition No. 543 of 1983 titled S. Isher Singh Vs. State of J&K and others, reported in 1988 KLJ 620;