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| INTERIM ARRANGEMENT | | Manage Gurudwara affairs: HC tells Govt | |
Early Times Report
Jammu | Nov 7
Following a row between two groups, the Jammu and Kashmir High Court has asked the government to nominate a committee for looking after affairs of Gurudwaras in Jammu district till new elections to the management committee are held.
The Division Bench comprising Justice YP Nargotra and Justice Vinod Gupta today in a very important appeal regarding District Gurudwara Prabhandhak Committee filed by J&K Singh Gurudwara Prabhandhak Board aggrieved by the judgment of Single Judge passed on November 1, 2008, has stayed the judgment and said that in view of the fact that the terms of the office of the elected members has expired and prima-facie they have lost the right to manage the affairs of DGPC, it would be appropriate if the Govt is directed to take appropriate steps in terms of Rules 63 (c) which empowers Govt to nominate a committee for administering the affairs District Gurudawars in District Jammu until new elections are held, DB ordered accordingly.
Division Bench further ordered that the appropriate order shall be passed by the competent authority by November 11, 2008 and it shall be the duty of State to see the law and order is maintained on spot so that no untoward incident takes places. The committee so constituted by the Govt shall look after the management of the affairs of DGPC including Gurpurab celebration which is falling on November 13, 2008, the birthday of Shri Guru Nanak Dev Ji. This significant order was signed by the DB at about 6:30 PM.
The dispute involved in this LPA relates to the removal of members of the DGPC by the SGPB. It is not in dispute that respondents numbering 9 were elected as members of the DGPC Jammu on October 31, 2003 for a period of five years was to expired on October 30, 2008. Before the expiry of said period, it appears that the State Gurudwara Prabhandhak Board in terms of J&K Sikh Gurudwaras and Religious Endowment Rules 1973 received certain complaints against the elected members regarding mismanagement of the affairs of the DGPC. Taking cognizance upon such complaints which included FIRs filed by the members against each other, the SGPB issued show cause notice to the elected members of the District Committee on December 16, 2006. The members of the Committee did not respond on these notices, where after the SGPB in exercise of the powers removed the committee vide order dated January 15, 2007 and appointed an adhoc committee consisting of five members. Seven elected members of DGPC with the support of three members of SGPB challenged the legality of order January 15, 2007, a writ was filed in the State High Court, the writ court has allowed the writ petition and thereby removal of the DGPC has been set-aside. Being aggrieved of judgment passed by the Single Judge, the J&K Sikh Gurudwara Prabhandakh Board filed the present appeal in which Adv Sunil Sethi appeared for the appellant and submitted that after the passing of the judgment impugned, a very grave situation has emerged because the elected members are using muscle power to take possession of office and property of the committee and there is very likelihood of breach of peace so immediate remedial measures are necessary. He further submitted that the writ Court has not appreciated the resolution of the Board in its proper perspective holding that the Board has not recorded its necessary satisfaction in terms of Rule 63(B) and terms of the office of elected members has already expired, therefore, the writ court ought to have taken that fact into count and had this fact being noticed, the writ petition of the petitioners would have been dismissed for having been rendered infructuous. On the other hand Adv KS Johal appearing for the caveator submitted that after the judgment of the writ court and apprehending dispossession of the elected members at the hands of the appellant, they have filed civil suit in the Court of Sub-Judge Jammu for permanent prohibitory injunction for restraining the defendants and their agents from interfering with the working management of the Gurudwaras in District Jammu, the Trial Court by order dated November 6, 2008 has granted interim direction.
This significant order was dictated by the Justice YP Nargotra for the Division Bench after hearing both the sides in length and admitted the LPA to hearing and ordered the Govt to nominate a committee for the management of the District Gurudwaras of District Jammu
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