HC quashes the SO extending the extended the term of Office Bearers elected of Srinagar Gurudwara for a period of three months
JKUT (Jammu), December-23-2021-( JNF):- Justice Sanjeev Kumar quashed the SO No. 218 dated 13-07-2020, acting in exercise of powers conferred upon it by Rule 63-C supra, extended the term of Office Bearers elected in the year 2015 for a period of three months from the date their term had expired or till the elections to the committee were held under the Act of 1973 and the Rules framed thereunder, which ever was earlier.
While quashing the SO, Justice Sanjeev Kumar directed that the petitioners in WP(C) 1762/2021, who are also respondents 6 to 10 in WP(C) 1931/2021, are not legally entitled to continue in office beyond the term of five years, for which they were elected and at least beyond the expiry of three months after the expiry of their term in view of extension granted by Government.
High Court further observed that the administration and management of Sikh Gurduwaras all over the Union Territory of J&K, in particular in district Srinagar, cannot be kept in limbo and, therefore, a constitution/nomination of Sikh Gurduwara Prabhandhak Committee, Srinagar, is inevitable and that with a view to run the day today administration and management of Sikh Gurduwaras of district Srinagar, the government shall come out with an appropriate notification in terms of Rule 63-C of the Rules of 1975, constituting/nominating suitable Gurduwara Prabhandhak Committee within a period of four weeks from today.
Court further directed the Government to ensure that neither the petitioners of WP(C) 1762/2021 nor the petitioners of WP(C) 1931/2021 are nominated to the aforesaid Prabhandhak Committee. It shall be advisable if the Government constitutes a committee of some independent persons having no affiliation with the rival factions litigating in the Courts of law and such persons are persons of high integrity. The Government shall do well to appoint some retired District & Sessions Judge or an officer, serving or retired, of the rank of not less than an Additional District Magistrate to head the committee and all functions under the Act of 1973 and the Rules framed thereunder, shall be performed by the committee till the atmosphere is congenial and the elections to the Gurduwara Prabhandhak Committee are held in accordance with the provisions of the Act of 1973 and the Rules framed thereunder.
Court further directed that until such committee is appointed by the Government and it takes over the administration and management of the Sikh Gurduwaras of district Srinagar, the present dispensation shall continue.” JNF