HC grants last opportunity to file affidavit the timeline for completion of the elections of Gurudawara Parbandhak Committees
JKUT (Jammu), July-29-2021-( JNF):- In a petition filed by Satinder Singh and Joginder Singh challenging the order of Revenue Secretary whereby Revenue Secretary ordered that Tenure of existing Gurdwara Prabandhak Committees extended by three months in view of the COVID-19 pandemic, Justice Sindhu Sharma after hearing Satinder Singh appeared in persons, grants last and final opportunity to Sr.AAG SS Nanda to file affidavit regarding the authority presently running the affairs of the Sikh Gurdwara Prabandhak Committee and the timeline for completion of the elections.
The petitioners are aggrieved of the notification issued by the Respondent-Principal Secretary to Government, Revenue Department, bearing S.O No. 218 dated 13th of July, 2020, in terms whereof, the Government in exercise of the powers conferred by rule 63-C of the Jammu and Kashmir Sikh Gurdwaras and Religious Endowments Rules, 1975 and in suppression of all previous notifications issued on the subject, directed that the members of District Gurdawara 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 term has expired or till elections of these Committees are held under the Act and the rules framed there under, whichever is earlier, on the grounds detailed out in the petition with particular reference that the Rule 63-C does not empower the Government to exceed the term of members of office beyond period of five years and the only power available in terms of Rule 63-C is on noticing any difficulty regarding holding of elections, the Government may 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 the 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. The petitioners submit that there is no scope for the Government for extending the period of committees in term of Rule 63-C. It is submitted that the notification is contrary to rule 63-C of rules, therefore illegal and unconstitutional. JNF