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| Formation of DGPC challenged, HC restrained newly appointed DGPC | | | EARLY TIMES REPORT
Jammu, Dec 21 Jammu & Kashmir High Court Jammu Wing today stayed the operation of SRO 375 of December 19, 2011 whereby newly committed constituted and restrained the newly constituted committee from interfering into the working and affairs of District Gurdawara Prabandhak Committee Jammu.
Justice JP Singh of Jammu & Kashmir High Court Jammu Wing today after hearing Adv Anmol Sharma for the petitioner whereas Mohinder Singh present in person as Caveator and observed that SRO 375 challenged in the petition constitution of fresh DGPC Jammu for a period of six months or till elections were held permitting them to look-after the management and affairs of the committee superseding SRO 357 of November 10, 2008 which was issued pursuant to the directions dated November 7, 2008 issued by the Division Bench.
Court after having gone through the provisions of rule 63(c) of Rules and order passed by Division Bench, Court is prima-facie of the view that SRO 375 of December 19, 2011 violates the Division Bench directions, in that committee which was required to be constituted in terms of directions issued by Division Bench had to administer the affairs of the DGPC Jammu until election were held. To keep the directions of the Court operational, the state Govt was required to extend the period of the committee constituted vide SRO 357 of 2008 until elections were held. Rather than extending the period of the committee to facilitate holding elections, the State Govt appears to have constituted another committee and that too at the instance of Sikh United Front Jammu & Kashmir, Jammu when nothing adverse was reported against the committee which was constituted pursuant to the Division Bench directions.
The petition filed by DGPC Jammu through its joint secretary S Manjeet Singh challenging the SRO 375 dated December 19, 2011 whereby the present office bearers of the Gurdawara Prabandhak Committee have been removed. Aggrieved by the action of the State Govt challenging the said SRO in his petition submitted that the respondents should conduct the elections for nominating/appointing new office bearers but vide the impugned SRO, a newly appointed 11 members have been shown to have superseded the earlier constituted committee.
Justice JP Singh issued notice to state of Jammu & Kashmir through Chief Secretary and Deputy Commissioner Jammu with the direction to the registry to list on December 26, 2011. Meanwhile having prima-facie found SRO 375 of December 19, 2011 in violation of direction of the Court and stayed the operation of SRO 375 of 2011, the committee constituted by said SRO is restrained from interfering into the working and affairs of the committee constituted vide SRO 357 of 2008. (JNF)
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Meanwhile District Gurdwara Parbandhak Committee Jammu today stated that in an utter contravention to the High court's directions, the state Govt superseded the existing committee without giving an opportunity to hold state Gurudwara elections in the state.
In a press conference the members of community stated that new committee of eleven members itself speaks, the bitter facts as the entire committee belongs to the ruling national conference which unfortunately tantamount to undue interference of the Govt. in the religious affairs of Sikhs community of the state.
“The Govt. Notification was issued in late evening hours, of 19-12-2011 and the Deputy Commissioner Jammu constituted the new office bearer in hush-hush manner during night hours in blatant violation of the state Gurdwara Endowment act 1973, they alleged. Community leaders said that such action on the part of state Govt. is highly condemnable illegal and gross violation of the state Gurdwara Act.
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