Jammu & Kashmir High Court
Satinder Singh And Anr vs U.T. Of J&K And Ors on 31 December, 2021
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1174/2020
CM Nos. 4944/2020,
5326/2020, 7420/2020,
7421/2020, 3401/2020 &
3606/2020
Pronounced on: 31st .12.2021
Satinder Singh and anr. .... Petitioner/Appellant(s)
Through:- Petitioners are present in person.
V/s
U.T. of J&K and ors. .....Respondent(s)
Through:- Mr. S. S. Nanda, Sr. AAG
Mr. Karman Singh Johal,
Advocate
CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
JUDGMENT
01. The petitioners seeks quashing of notification dated 13.07.2020
issued by the respondents extending the term of Gurdwara Prabandhak
Committees for a period of three months from the date of expiry of their
term or till elections are held. They also seek a direction to the respondents
to initiate the process of election for electing members of different
Gurdwara Prabandhak Committees at the earliest to manage the affairs of
the Gurdwaras in UT of Jammu and Kashmir.
02. The petitioners are members of the Sikh Community by faith as
defined under clause "e" of the Jammu and Kashmir Sikh Gurdwaras and
Religious Endowment Act, 1973 (here-in-after referred to as „the Act‟).
They are also registered voters in terms of Rule 5 of the Jammu and
Kashmir Sikh Gurdwaras and Religious Endowment Rules, 1975,
(hereinafter referred to as „the Rules‟).
03. The last elections of the District Gurdwara Prabandhak
Committees of Jammu and other Districts to look after the affairs of Sikh
Gurdwaras were conducted on 08.07.2015 and the tenure of these
Committees as per Section 13 of the Act is only five years and the same
came to an end on 10.07.2020. The process for elections for constituting
new District Gurdwara Prabandhak Committees was required to be initiated
before the expiry of the said period, so that the new committees could take
charge, start functioning and for managing the affairs of the Gurdwara. The
grievance of the petitioner is that the respondents, instead of initiating the
process of elections after the expiry of the term of District Gurdwara
Prabandhak Committees, issued impugned notification dated 13.07.2020
extending the period of these District Gurdwara Committees for a period of
three months from the date of expiry of their term or till elections are held,
whichever is earlier.
04. The impugned notification SO 218 issued on 13th July,2020
reads as under:
"SO 218:-In exercise of the powers conferred by rule 63C of
the Jammu and Kashmir Sikh Gurdwaras and Religious
Endowments Rules, 1975 and in suppression of all previous
notifications issued on the subject, the Government hereby
directs that the members of District Gurdwara Prabandhak
Committees of District Shopian, Anantnag, Pulwama, Baramulla,
Budgam, Kupwara, Srinagar and Jammu, elected in the year
2015 shall continue as the members of the said committees for a
period of three (03) months from the date their terms has expired
are till elections of these Committees are held under the Act and
the rules framed there under, whichever is earlier."
05. By the impugned notification dated 13.07.2020, the respondents
have granted extension to the tenure of these committees for a period of
three months, from the date of expiry of their term or till elections of these
committees are held, whichever is earlier. The period of three months also
came to an end on 13.10.2020 and thereafter, no further notification in
terms of the rules has been issued.
06. The petitioners are aggrieved of the aforesaid notification as the
same is against the mandate of the Act and the Rules. The respondents had
to initiate the process for holding elections to the District Gurdwara
Prabandhak Committees and till then, they had to nominate members of the
committee by issuing a notification but, that too, only after recording their
satisfaction and for reasons to be recorded in writing in terms of Rule-63C
of the Rules. Rule-63C of the Rules reads as under:-
"Rule-63C: Notwithstanding anything to the contrary
contained in these rules, where the term of office of the members
of any Committee has expired before holding elections and the
Government is satisfied, for reasons to be recorded in writing that
it is not reasonably practicable to hold elections to any
Committee in accordance with the provisions of the Act and
these rules, it may, by notification, nominate the members of the
Committee and thereupon the provisions of the Act and these
rules shall apply to the members so nominated in the same
manner as they apply to the members elected under the Act and
these rules;
Provided that the term of office of members of the
Committee so nominated shall not exceed one year unless the
Government for reasons to be recorded in writing, considers it
necessary to extend the term for further period not exceeding one
year at a time."
07. The respondents in terms of the aforesaid Rules could nominate
the members to the Committees but before doing so, they had to record
their satisfaction by giving reasons which were to be recorded in writing.
The term of the Committee could also be extended beyond the period of
one year but only if necessary and for reasons to be recorded in writing.
08. A bare perusal of the notification dated 13.07.2020 reveals that no
reason for recording the satisfaction in writing has been given, while
passing the impugned notification. The Government in terms of the Rule-
63C of the Act had to nominate the members of the Committee and not to
extend the tenure of the Committee after expiry of the term, therefore, the
impugned notification, on the face of it, is against the mandate of Rule-63C
of the Act. The notification, however, has lapsed with time as it was for a
period of only for three months or till elections are held whichever is
earlier.
09. This Court vide order dated 17.07.2020, while directing the
Government to reconsider the matter and take a decision as per Rule-63C
of the Act, directed that the exercise of powers of the committees in terms
of the impugned notification be supervised and monitored by the concerned
Deputy Commissioners.
10. Mr. S. S. Nanda, learned Sr. AAG, in his objections, submits that
the impugned notification was issued due to covid-19 situation as elections
were not possible to be held, therefore, in exercise of powers under the Act,
the committees were granted extension for a period of three months from
the date their term has expired or till elections of these Committees are held
under the Act and the Rules framed thereunder, whichever is earlier. It
appears that the date of elections was notified on 12.10.2021, but same
could not be conducted.
11. Record reveals that an application on behalf of Sant Pal Singh was
filed seeking a direction to defer the elections of Gurdwara Prabandhak
Committees till May, 2021. Mr. Nanda, learned Sr. AAG submits that due
to outbreak of 2nd wave of Covid-19 pandemic and unprecedented situation,
the respondents have not conducted the elections which was deferred and
any other arrangements, according to him, will be made only after review
of the same in consultation with the Divisional Administration.
12. The respondents could not have extended the term of the District
Gurdwara Prabandhak Committees of various Districts beyond the term of
two years in terms of SO 218 as the same is not as per the mandate of Rule-
63C of the Rules. In any case, this notification has otherwise also outlived
its life as it was only for a period of three months or till elections are held
whichever is earlier.
13. Since it was not practicable to hold elections, as such, the
respondents had to proceed in terms of the Rule-63C of the Rules and
nominate the members of the Committee in accordance with the provisions
of the Act and the Rules after recording its satisfaction for reasons to be
recorded in writing. It is apparent that the members of the erstwhile
committee are still continuing to manage the affairs of Gurdwara despite
the fact that notification was only for three months and there was no
extension of the same, though in terms of the order of this Court. They are
being monitored by the Deputy Commissioner. Their term has expired,
they have no right to continue the same.
14. The elections to the District Gurdwara Prabandhak Committees
have been delayed for more than one and half year and the only reason is
that in view of the COVID-19 pandemic as life and working in the Union
Territory has come to a halt, therefore, Government did not find reasonably
practicable time to hold the elections for any of the committees. It appears
that till date, there are neither any validly elected nor nominated Gurdwara
Prabandhak Committees in the Districts of the UT of J&K. Though the
situation has considerably improved now, and elections to the Gurdwara
Prabandhak outside the State are being held, elections to the various States
Assembly were also conducted during the intervening period, but the
respondents have not deemed it fit to conduct the elections to these
committees.
15. In view of the aforesaid discussion, Gurdwara Prabandhak
Committees which are presently looking after the affairs of the Gurdwara
are continuing un-authorizedly in office and cannot not be allowed further
to continue in such a manner.
16. Keeping in view the administration, superintendence and
management of Sikh Gurdwaras and its properties in Union Territory of
J&K, Constitution of District Gurdwara Prabandhak Committees is
imperative, therefore, to run day to day administration of the Sikh
Gurdwaras, the Government shall come up with an appropriate notification
in terms of Rule-63C of Rules for constituting/nominating suitable
members to District Gurdwara Prabandhak Committees. The Government
shall ensure that none of the members of the erstwhile Committee, whose
term has expired, are nominated as members and the Committee be
constituted of independent persons of high integrity and social standing
within a period of three weeks. The Government may also initiate the
process of conducting elections to the Gurdwara Prabandhak Committees
of Gurdwaras of the Union Territory, in accordance with the provisions of
the Act of 1973 expeditiously.
17. Writ petition alongwith connected application(s) is disposed of in
the aforesaid terms.
(Sindhu Sharma)
Judge
JAMMU
31st .12.2021
MICHAL
Whether the judgment is speaking : Yes
Whether the judgment is reportable : Yes
RAM MURTI
2022.01.04 17:57
I attest to the accuracy and
integrity of this document
