RAJESH TANDON, J. Heard Sri M. S. Pal, Sr. Advocate assisted by Sri S. K. Mandal and Sri C. S. Bagadwa, Counsel for the petitioners and Standing Counsel for State of U. P. , State of Uttaranchal and the Central Government. 2. By the present writ petition the petitioners have prayed for a writ of mandamus directing the respondents to frame the scheme of management for the administration of Gurudwara Nanakmata Sahib in conformity with the judgment dated 20-8-1935 passed by Mr. J. R. W. Benett Esquire, ICS, District Singh & Ors. v. Chaudhary Ram Singh Sarupnand, under Section 92 of the Code of Civil Procedure. Further prayer has been made for a writ of certiorari quashing the Byelaws so framed and registered under Societies Act, in 1959. 3. According to the case of the petitioners, Gurudwara Sri Nanakmatta Sahib is one of the most sacred and religious places of Sikh Shrine and much revered by the Sikh community in particular and others in general. According to the petitioners Gurudwara Shri Nanakmatta Sahib has a very respected history behind, where Guru Nanak Dev, the first Guru of Sikh Panth visited this place some 526 years back and sowed the seeds of Sikh religion from the said place in this region and eventually by the efflux of time, he brought changes and the area started expanding in length and breadth and attracting persons having deep faith in the holy Guru and Sikhism eventually. 4. A civil suit under Section 92 of the Code of Civil Procedure was filed before the District Judge, Kumaon in the year 1934. The suit was registered as Civil Suit No. 3 of 1934 (N) between Sardar Santok Singh & Ors. v. Chaudhary Ram Singh alias Sarupanand. The District Judge delivered its judgment on 20-8-1935 and framed guidelines for administration and management of the Shrine Gurudwara Nanankmatta. No appeal was preferred thereafter by any of the parties before the higher Courts against the aforesaid order passes by the District Judge, Kumaon and the judgment and decree have become final and binding to all the parties. 5. The petitioners have alleged that an application dated 10-7- 1959 under the Societies Act, was moved before the Registrar, Societies and Chits, Kumaon Region (Hardwar) by the managing committee of the Gurudwara Shri Nanakmatta Sahib with its aims and objects. 5. The petitioners have alleged that an application dated 10-7- 1959 under the Societies Act, was moved before the Registrar, Societies and Chits, Kumaon Region (Hardwar) by the managing committee of the Gurudwara Shri Nanakmatta Sahib with its aims and objects. The petitioners filed a Memorandum of Association/certificate for the renewal of the Society dated 27- 11-1995, Annexure-2 to the writ petition. Amendment was also made in the Rules and Regulations in the year 1997 amended rules and regulations were also annexed as Annexure-3 to the writ petition. The petitioners have alleged that the framing of rules and registration of committee for the management of the Shrine is violative of the judgment and decree passed by the District Judge, Kumaon in Civil Suit No. 3 of 1934 (N ). Registration of the Gurudwara Prabandhak Committee Shri Nanakmatta Sahib by the Registrar of U. P. , Lucknow is erroneous in the eyes of law in view of the final judgment and decree passed by the District Judge, Kumaon. The petitioners have submitted that the registration had been done with mala fide intention inter alia is ultra vires, and is a nullity and is liable to be struck down. In the violation of the order passed by the District Judge, the Society has inducted number of members of the Committee from 5 to 31 in order to gain the personal and political interests of certain influential and politically strong Sikh politicians. The society formed in the year 1959, did not even effectively manage the affairs of the estate of the Gurudwara and protected and managed the financial and religious interest of the Gurudwara and has always remained a fraction ridden management resulting into the serious acrimony among themselves. 6. The petitioners have alleged that the management and administration of the Shrine is deteriorating. The money generated by the devotees in the form of offerings should have been put to a maximum use for the up-liftment of the Shrine in general and the Sikh Community in particular. 7. The Apex Court in the case Sri A. S. Narayana Deekshitulu v. State of Andhra Pradesh & Ors. , JT 1996 (3) SC 482, their Lordships have observed as under : Dr. 7. The Apex Court in the case Sri A. S. Narayana Deekshitulu v. State of Andhra Pradesh & Ors. , JT 1996 (3) SC 482, their Lordships have observed as under : Dr. S. Radhakrishnan, the philosopher President of India, had stated, as quoted by this Court in Shirur Mutt case, that religion is a specific attitude of self, itself no other, though it is mixed up generally with intellectual views, aesthetic forms and moral valuations. Religion is absolutely a matter of faith with individuals or communities and it is not necessarily theistic. The fundamental desire of man to make peace with his inner self and bring to bear an experience of transmutation of the current personality into a vibrant center of energy of deep fulfillment and happiness. Article 25 (1) of the Constitution guarantees freedom of conscience and right to freely profess, practise and propagate religion. To what extent inner layers of religion in the Hindu Dharma are protected by Articles 25 and 26 is the core question from which a deduction could be drawn whether the Act interferes with them violating Articles 25 (1) and 26. The very attempt to define religion to find some distinct or possible unique essence or set of qualities that distinguish religion from the remainder of human life is primarily a Western speculative, intellectualistice and scientific dispostition. It is also the product of the dominant Western religious mode or custom of religious people. Even the Western thinkers recognize their cultural bias in the concept of religious as-sumptions of theism permeating their thought. Encyclopaedia of Religion by Mircea Eliasde (Vol. 12) states that religion is the organization of life around the deep dimensions of experience varied in form, completeness, and clarity in accordance with the environing culture. If religiousness is a depth-awareness coming to distinctive expression in the forms we call religion, how is religiousness distinguished from various other types of awareness such as the aestherice and ecstatic - what Abraham Maslow (1964) calls" peak experiences" and Marghanita Laski (1961) terms" non- religious ecstasy" - and the states of" altered consciousness" produced by various psychosomatic techniques or drugs? On Hindu religion, at p. 290 it is stated that - "yet deep within ritualism there is inherent the concern for accuracy and faithfulness. This is the essentially sacramental nature of ritual that arises from its nature as an ordered symbol system. On Hindu religion, at p. 290 it is stated that - "yet deep within ritualism there is inherent the concern for accuracy and faithfulness. This is the essentially sacramental nature of ritual that arises from its nature as an ordered symbol system. Thus, both symbol and ritual are perceived as intrinsic embodiments of the sacred essence, the supersensible and indescribable ultimacy of a religion. Thus, ritual and symbol bring the real presence of the religious depth-dimension into the lives of its experiments and in so doing become incredibly precious. " Religion is thus eternal and in development is in search of God throughout history, building into a fuller religious life. The eternal religion remains unchanging but the form and content keep changing with the change of times with the experience of the past keeps to preserve to the fullest religious life. But as Shri Aurobindo put it the religiousness of man descends him into lower levels and due to confusion predominance is given to forms like rituals ets. So John Macmurray in Reason and Emotion (Faber and Faber Publication) at p. 40 states thus : ". . . . . religion is also the consciousness of life in God; that which we seek for is also there always eternally in us. It is this eternal aspect of religion which is expressed in the religious recognition of equality in all human life at any stage of its development; in the knowledge that all distinction of superiority and inferiority are relative distinctions; and that ultimately all persons and all personal expedience are of equal, because of eternal or in-finite, worth. Just so in love between two persons, if it is a real love, there is a sense in which it is always perfect and complete, and this, as we know very well, is not in contradiction with the fact of development in that love; it is indeed, the condition of the development. " The purpose of religious experience, as stated earlier, is to integrate human life, socially, materially and morally. It must therefore, produce a share of material goods and bear a pinnacle for human experience. The dualism of Spirit and Matter, should be kept clear. John Macmurray has stated in this behalf thus - "worship is certainly specifically religious, and it is an attitude of mind which is not compatible with science. It must therefore, produce a share of material goods and bear a pinnacle for human experience. The dualism of Spirit and Matter, should be kept clear. John Macmurray has stated in this behalf thus - "worship is certainly specifically religious, and it is an attitude of mind which is not compatible with science. Science does not worship, it enquires, and analyses, classifies and does sums. On the other hand, religion is not merely worship, and worship may be merely superstitious. If superstitious worship is religion, then astrology and palmistry are sciences. Religion cannot simply sit down and worship anything and everything; it must claim reality for what it worships; and it must make some statement about this reality and assert not merely that it is true but that it is supreme truth. A religious temper which is indifferent to any truth, scientific or otherwise, is ipso facto, superstitious. Religion is not merely the worship of God, but the knowledge of God, for if it dose not know its God then God is a figment of the imagination and it worships it knows not what. All honest religion necessarily involves a strenuous effort to know the supreme reality, and the knowledge of God must involve all knowledge in its scope. " Thus, there can be no doubt that religious expedience is an internal experience and the Deity in a temple is supposed to provoke that inner experience. The image of the Lord in a temple, after prana- pratishtha is done, is a center of reference, a symbol of the Great Consciousness whose attainment is ultimately the pinnacle of religious expedience. The nature of a religious experience can be shadowgraphed by peace, tranquility and joy " that passeth understanding. " It would also be relevant to note that a temple based upon any `sampradaya must resemble a true symbol of the Infinite Grace, the nature of which is rightly called as the amalgam of being, consciousness and bliss. That is why in Manasollasa (IX-47) it has been said : Thus, there can be no doubt that religious experience is an internal experience and the Deity in a temple is supposed to provoke that inner experience. The image of the Lord in a temple, after prana pratishtha is done, is a centre of reference, a symbol of the Great Consciousness whose attainment is ultimately the pinnacle of religious experience. The image of the Lord in a temple, after prana pratishtha is done, is a centre of reference, a symbol of the Great Consciousness whose attainment is ultimately the pinnacle of religious experience. The nature of a religious experience can be shadowgraphed by peace, tranquility and joy "that passeth understanding". It would also be relevant to note that a temple based upon any `sampradaya must resemble a true symbol of the Infinite Grace, the nature of which is rightly called as the amalgam of being, consciousness and bliss. That is why in Manasollasa (IX-47) it has been said : Sachchidanandrupai Bindunadantaratmane Adimadhyantshunyay Grumam Gurve Namah. (Obeisance to Him, the Guru of the Gurus who is Being, Consciousness and Bliss; who dwells in Bindu and Nada; who has no beginning, middle or end.) 8. A perusal of the judgment and decree passed by the District Judge, Kumaon in Civil Suit No. 3 of 1934 (N) reveals that the District Judge framed the following issues : (1) Whether the Shrine at Nanakmatta is a Sikh Gurudwara or a Udasi Shrine ? (2) Whether there is any express or constructive trust created for public purposes of a charitable or religious nature connected with this Shrine ? (3) If so, are the plaintiffs so interested in the Shrine as to the sufficiently qualified to institute the suit ? (4) If the Shrine is a Sikh Gurudwara and there is a public trust connected with it, is the defendant disqualified and incompetent to hold the position of Mahant ? (5) If he is not disqualified and incompetent has he abused his position as Mahant by committing all or any of the acts of malfeasance or misfeasance alleged in the plaint ? (6) If so, are the plaintiffs entitled to all or any of the relief claimed ? (7) If so, are the plaintiffs entitled to all or any of the relief claimed ? 9. On deciding the aforesaid issues, the District Judge has framed the following scheme for the management of the Shrine vide his judgment and decree 20-8-1935 : SCHEME OF MANAGEMENT : (1) There will be a committee of management in place of defendant Chaudhary Ram Singh alias Sarupa Nand who is removed from his post of Mahant. 9. On deciding the aforesaid issues, the District Judge has framed the following scheme for the management of the Shrine vide his judgment and decree 20-8-1935 : SCHEME OF MANAGEMENT : (1) There will be a committee of management in place of defendant Chaudhary Ram Singh alias Sarupa Nand who is removed from his post of Mahant. There will be five member of this Committee, namely the four plaintiffs in the case Sardar Santokh Singh, Sardar Indrajit Singh, Sardar Ram Singh and Sardar Alwant Singh, and one other Sikh nominated by the Deputy Commissioner, Nainital, after consultation with the other four members of the committee. He should, if possible, be a resident of the Nainital District or failing that of one of the adjoining districts. (2) The members of this committee will hold office for five years during which period nomination to any vacancy that may occur will be made by the Deputy Commissioner, Nainital after consulting the other members of the Committee. A member so appointed must be a Sikh, residing if possible in the Nainital District or failing that in one of the adjoining districts. (3) The members of the Committee will elect a Chairman and Secretary from among themselves and will make all necessary regulations for the conduct of business. (4) The committee will make necessary arrangements for the administration of the property attached to the temple, and for worship at the temple and will engage staff for the management of the estate and the temple. (5) The committee will maintain regular accounts and submit a copy thereof annually to the Deputy Commissioner and to the District Judge, Nainital. (6) About four months before the expiry of this period of five years, the District Judge will consider and make such modifications in the Scheme, if any, as he considers necessary after consulting the members of the Committee and the Deputy Commissioner, Nainital, such modifications, if any, to take effect from the end of this period. 10. In the year 1999 a Civil Suit No. 1 of 1999 has been filed by Shri Harbhajan Singh & Ors. v. Prabandhak Committee of Nanakmatta Sahib & Ors. , before the District Judge at Udham Singh Nagar. In that suit an application under Order XL, Rules 1 and 2 of the Code of Civil Procedure was filed. On 1-2- 1999, the District Judge appointed Mrs. v. Prabandhak Committee of Nanakmatta Sahib & Ors. , before the District Judge at Udham Singh Nagar. In that suit an application under Order XL, Rules 1 and 2 of the Code of Civil Procedure was filed. On 1-2- 1999, the District Judge appointed Mrs. Raj Rai Singh, MLA, Pilibhit as the receiver of the Gurudwara Nanakmatta Sahib. 11. The respondent-State of Uttaranchal has filed counter- affidavit and supplementary counter- affidavit. The allegations made in the writ petition has not been rebutted. It has been mentioned in the counter-affidavit that if the Court decides to appoint the new Receiver, State of Uttaranchal proposes the name of Sardar Gyani Swaran Singh. The relevant portion of the counter-affidavit is quoted below : "as far as the writ petition is related to appointment of Receiver of Gurudwara Sri Nanakmatta Sahib Ji is concerned, in case this Honble Court decides to appoint the new Receiver of the abovementioned Gurudwara Sri Nanakmatta Sahib Ji the answering respondent propose the name of Sardar Gyani Swaran Singh, aged about 86 years, s/o Sri Gurubachan Singh, R/o Mainazhundi, Tehsil Sitarganj, District U. S. Nagar who is the devotee of the `sikh Panth having great faith on him and also the freedom fighter and well known social worker as well. " 12. The petitioners have filed supplementary affidavit and have submitted scheme for administration of Gurudwara Nanakmatta. They also submitted names of 21 persons for being appointed as members for forming a committee of management of Gurudwara according to the judgment dated 20-8-1935 passed by the District Judge, Kumaon. 13. This Court on 21-2-2006 passed the following order : "today the matter is listed for delivery of judgment. After perusal of the record it transpires that two supplementary affidavits as well as one counter- affidavit has been filed by the Chief Standing Counsel. In both the supplementary affidavits as well as in the counter-affidavit, both the parties have suggested for change of receiver in respect of the Gurudwara. Learned Chief Standing Counsel has made a submission that let the receiver as suggested by the petitioner be appointed. Heard the arguments of learned Chief Standing Counsel as well as the learned Counsel for the petitioner. Learned Chief Standing Counsel has made a statement that let Gyani Swarn Singh be appointed for the welfare of the Gurudwara itself so that the committee may act accordingly. Heard the arguments of learned Chief Standing Counsel as well as the learned Counsel for the petitioner. Learned Chief Standing Counsel has made a statement that let Gyani Swarn Singh be appointed for the welfare of the Gurudwara itself so that the committee may act accordingly. Put up for delivery of judgment on 27th March, 2006. Both the supplementary and counter-affidavits are taken on record. " 14. Having heard the learned Counsel for both the parties and after going through the record, I am of the opinion that it would be desirable and imperative in the interest of justice and also in the interest of holy Shrine and its devotees that an effective scheme which had been laid down in the judgment dated 20-8-1935 passed by the District Judge, Kumaon in Civil Suit No. 3 of 1934 (N) may be implemented in strict sense and the spate of litigation on same and similar issues which stands determined and finalised should not be permitted to be reopened. 15. In view of the above, the matter is sent to the District Judge, Udham Singh Nagar for formulating a Committee including the persons mentioned in the supplementary affidavit of the petitioners, which shall form part of this order. However, the name of Sardar Gyani Swaran Singh has been proposed by both the parties for the effective management of the Shrine and I direct accordingly. 16. In the changed circumstances the members of Management Committee may be increased but other norms framed in the scheme by the then District Judge, Kumaon shall remain the same. The District Judge, Udham Singh Nagar is directed to give effect to the scheme formulated earlier vide judgment and decree dated 20-8-1935 after hearing the parties within three months. All suits and petitions pending in different Courts relating to similar controversy shall stand disposed of accordingly. 17. Consequently, writ petition is allowed. No order as to costs. Petition allowed. RAJESH .