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| HC directs Govt to initiate process of conducting elections to Gurudwara Prabandhak Committees of Union Territory | | | Early Times Report
JAMMU, Jan 4: 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 of Jammu & Kashmir and Ladakh High Court directed 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.
In the petition, 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.
Justice Sindhu Sharma after hearing both the sides observed that 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.
Justice Sindhu Sharma further observed that 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 Rule63C 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. 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. 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.
Court after hearing both the sides observed that 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 and further directed that 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. |
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