Delhi High Court
Gurudwara Shri Guru Singh Sabha & ... vs S.Harvinder Pal Singh & Ors. on 11 August, 2014
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 742/2014 & C.M.No.12944-12945/2014
% AUGUST 11, 2014
GURUDWARA SHRI GURU SINGH SABHA & ORS. ......Petitioners
Through: Mr.Rajesh Gogna, Advocate.
VERSUS
S.HARVINDER PAL SINGH & ORS. ...... Respondents
Through: Ms.Naina Kejriwal, Advocate for R-
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. This petition under Article 227 of the Constitution of India impugns
the order of the trial court dated 02.7.2014 by which the trial court has
directed the petitioners/defendants to conduct fresh election of petitioner
no.1/body after inducting members in the petitioner no.1/defendant
no.1/society.
2. A reading of the impugned order shows that the Gurudwara in
question was built upon an encroached public land. After building the
Gurudwara, much later a society was registered under the Societies
Registration Act, 1860 and control of the Gurudwara thereafter vested in the
society. It is not disputed before me that the petitioners, inspite of various
applications pending for induction of members, conducted elections of the
petitioner no.1/society by declining admission as members. The subject suit
hence came to be filed challenging the elections as also the control of the
petitioner no.1/society by certain vested interests effected through the action
of declining admission of new members.
3. The admitted Rule-3 of Rules and Regulations of the petitioner
no.1/society and which deals with admission of members reads as under:-
" 3. Membership:
Any individual male or female above the age of 18 years, residing
in Mansarover Garden, New Delhi-15, who fully believes in the
ideals and the tenets and the ten Gurus and Shri Guru Granth Sahib
and considers the path shown by them as 'Mukti Marg' and does
not believe in any religion other than Sikhism, shall be eligible to
become a member of the Sabha after submitting a prescribed form
duly completed."
4. A reading of the aforesaid Rule shows that any individual person
above the age of 18 years, residing in Mansarover Garden, New Delhi and
who believes in the tenets of the Sikh religion, is entitled to become a
member by submitting a prescribed form duly completed. In fact, there is
not even a membership fee which is provided for becoming a member. Since
the undisputed position is that before conduct of elections of the petitioner
no.1/society in the year 2009, there were various persons who sought
membership but they were denied memberships, consequently, in view of
the admitted facts, the trial court was entitled to proceed under Order 12
Rule 6 CPC by passing the impugned order directing that membership be
opened in accordance with rules, necessary publicity be given with respect
to opening of a membership, membership forms be taken and membership
be given after taking membership forms.
5. The relevant portion of the impugned order dated 2.7.2014 reads as
under:-
"As the Gurudwara which is a religious place is built upon
public land, only a few person cannot be allowed to usurp the said
land, management and affairs of the religious place at their own
whims and fancies.
Thus, there is no force in the argument of defendant No.2 &
3 that opening of membership even for the first time is their own
prerogative which can not be governed.
Accordingly, defendant No.1, 2 & 3 are directed to
immediately open the membership of the society for all the eligible
persons as per rules of the society. Defendants are directed to give
publicity of the opening up of membership of the society in the
locality/neighbourhood and the membership forms be provided to the
desirous persons as per rules of the society.
The persons who have allegedly already taken membership
of the society i.e. Defendant No.1, Gurudwara must also fill fresh
membership form.
Defendants are directed to maintain proper record of all the
publicity material, membership forms and subscription fees of the
members who take membership of the society.
Now, to come up for further proceedings on 07.8.2014."
6. Counsel for the petitioners/defendants, in my opinion sought to raise a
very specious argument that the petitioners have an absolute right to decide
whom to induct as members and whom to not. In support of the proposition,
reliance is placed upon the judgment of the Supreme Court in the case of
Damyanti Naranga Vs. UOI & Ors. 1971 (1) SCC 678.
7. The argument which is urged before this Court completely lacks
substance in view of the admitted Rule-3 of the Rules and Regulations of the
petitioner no.1/society, and which rule entitles any person complying with
the requirement of Rule-3 to be added/inducted as a member. Obviously,
the object of limiting membership to certain persons is to perpetuate control
on the petitioner no.1/society by limited persons. Therefore, the assertion of
a so-called entitlement and a discretion to admit or not to admit by the
petitioner no.1/society at its complete discretion is a wholly baseless
argument, and in fact a malafide argument by certain persons to keep control
of the Gurudwara.
8. I fail to understand as to how the judgment in Damyanti Naranga
(supra) will at all apply to the facts of this case in view of the admitted
Rule-3 of the petitioner no.1/society, inasmuch as Damyanti Naranga
(supra) was dealing with the constitutional challenge to a statute directing
admission of members, and in which context certain observations were made
by the Supreme Court, and which observations made in context of the
constitutional validity of a statute surely cannot apply once the admitted
Rule-3 above requires admission of the members on the requirements of
Rule-3 being fulfilled. It is settled law that a public interest society such as
the petitioner no.1 is bound in its sphere of action by its Rules and
Regulations.
9. In view of the above, I do not find any illegality in the impugned
order dated 02.7.2014, and the petition is therefore dismissed, leaving the
parties to bear their own costs.
VALMIKI J. MEHTA, J
AUGUST 11, 2014
KA
