S ISHAR SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) IN these two writ petitions one the same notification dated 9.3.1983 is challenged. The said notification invites nomination papers for electing eight members from Jammu Division to state Gurdawara Prabandak Board.

(2.) THE petitioners rely on Rule 36 of the Rules framed under the J&K Sikh Gurdawara and religious Endowment Act, 1973, (for short to be referred to as Act of 1973). The said rule reads as under: - There shall be two election authorities, one each for Jammu Division an Kashmir Division, for the election of 15 members of the Board, of whom eight shall be from the Jammu Division and seven from Kashmir Division including Ladakh whose district -wise breakup shall be as under namely: -

(3.) THE elction which is proposed to be held to the Board is challenged on various grounds: - It is stated that entire Jammu Division is treated as one constituency which is against the provisions of Rule 36. It is stated that election to the Board should e of necessity on the basis of district wise representation. Accordingly the Jammu District Prabhandak Committee shall constitute electoral college for four vacancles in the Board, and each district has a right to elect its own member of the Board, who are to be elected from the various districts. Acceptance of nomination papers of respondents 4 to 6 in both the petitions is challenged as being unconstitutional and illegal.