S AVTAR SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THE two writ petitions referred to above are being decided by one judgment. In both the petitions the petitioners have challenged constitutional validity of Jammu and Kashmir Sikh Gurdawaras and Religious Endownment Act, 1973 (for short to be referred as the Act) and it is prayed that the said Act be declared ultra vires of the constitution. Secondly, management of the gurdawaras committees elected under the Act is said to be and injunction is sought against the said committees to manage the affairs of the gurdawaras.

(2.) THE Act of 1973 was published in the government gazette on 30 -4 -1973 and it came in force somewhere in 1974 by a notification which was issued under section 1 (3) of the Act. The object of the Act was to provide for a better administration of the Sikh Gurdawaras in the Jammu and Kashmir State and their properties whereever situate. The Act did not as such contain any provision with regard to the religious affairs of the Sikhs. It only makes provision for better administration of the properties of Sikh Gurdawaras.

(3.) MR . Avtar Slngh, appearing for the petitioners, has submitted that the Act is ultra vires of the Articles 25 and 26 of the constitution of India as applicable to the State of Jammu and Kashmir. It is further contended that there is no definition of Sikh Gurdawara in the Act. Qualification for being a member of the Gurdawara committees is not given. Only disqualificaton is given. Sikh is not defined. Management of property of Sikh Gurdawaras and religious affairs of Sikhs cannot be entrusted to any Board or committee as it violates guarantees under Art 25 and 26 of the constitution of India, Funds of the gurdawaras cannot be interfered with by the Act and accounts of the gurdawaras cannot be audited by the government because that would amount interference with religious affairs of the Sikhs. Rules are also bad. Definition of a voter is not given nor is the qualification given.