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2016 DIGILAW 565 (UTT)

Hardeo Singh v. Union of India

2016-09-08

V.K.BIST

body2016
JUDGMENT : V.K. Bist, J. Shri Hardeo Singh and Shri Santosh Singh Bal filed this writ petition in the year 2001. During the pendency of the petition, petitioner no. 2, Shri Santokh Singh Bal expired. The petition was initially filed seeking issuance of a writ calling upon the respondent to frame Scheme of Management for the administration of Gurudwara more popularly known as Gurudwara Sri Nanakmatta Sahib in consonance and in conformity with the order and judgment dated 20.08.1935 passed by Mr. J. R. W. Benett Esquire ICS, the then learned District Judge, Kumaon in Civil Suit Number 03/1934 between Sardar Santok Singh and Others Versus Chaudhary Ram Singh, alias Sarupanand under Section 92 of the Code of Civil Procedure, wherein, the learned Court had framed guidelines for administrating/managing the said shrine. It was also prayed that the byelaws and the registration under Society Act in 1959 be also struck down. 2. Subsequently, relief was amended vide order dated 14.05.2013 passed by this Court in CLMA Number 4634 of 2013. The earlier prayers were deleted and following prayers have been made: “(a) Issue a writ, order or direction, in the nature of Mandamus, commanding the parties to the writ petition to abide by the Settlement/Scheme, as approved by this Hon’ble court, in the interest of the holy shrine and the community, for proper management and administration of the holy shrine, namely, ‘Gurudwara Sri Nanakmatta Sahib. (b) Issue a writ, order or direction, in the nature of Mandamus, declaring that henceforth management and administration of the holy shrine, namely, ‘Gurudwara Sri Nanakmatta Sahib’ shall be run by the settlement/scheme approved by this Hon’ble court, and Receiver appointed or any Interim s constituted, pursuant to an order of this Hon’ble court dated 06.05.2006 or any other order, shall be deemed to have become non-operational.” 3. According to the petitioners, Gurudwara Sri Nanakmatta Sahib is one of the most sacred and religious places of Sikh religion and much revered by the Sikh Community in particular and others in general. It has a very respected and pious history, as Guru Nanak Dev, the first guru of Sikh Panth visited this place some 526 years back and sowed the seeds of Sikh religion 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 Sikhism. 4. 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 and others vs. Chaudhary Ram Singh, alias Sarupanand. The District Judge delivered its judgment on 20.08.1935 and framed guidelines for administration and management of the Shrine Gurudwara Nanakmatta. No appeal was preferred, thereafter, by any of the parties before the higher Courts against the aforesaid order passed by the District Judge, Kumaon and the judgment and decree became final and binding to all the parties. 5. The District Judge framed the following scheme for the management of the Gurudwara vide judgment and decree dated 20.08.1935. (1) There will be a committee of management in place of defendant Chaudhary Ram Singh alias Sarupanand who is removed from his post of Mahant. There will be five members of this committee, namely the four plaintiffs in the case Sardar Santok Singh, Sardar lndrajit 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 Nainial District or failing that of one of the adjoining districts. (2) The members of the 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. (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. 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 upliftment of the shrine in general and the Sikh Community in particular, which is not being done. 7. In the year 1999, a Civil Suit No. 1 of 1999 has been filed by Sri Harbhajan Singh and others before the District Judge at Udham Singh Nagar. In that suit, an application under Order XL Rule 1 and 2 of the Code of Civil Procedure was filed. On 01.02.1999, the District Judge appointed Mrs. Raj Singh, M.L.A., Pilibhit as the Receiver of the Gurudwara Nanakmatta Sahib. This has been informed that above said suit was dismissed on 02.05.2012. 8. Earlier, the present writ petition was decided by learned Single Judge of this Court on 31-03-2006. Feeling aggrieved by the said judgment, Sri. Jaswinder Singh filed a Special Appeal before Hon'ble Division Bench of this Court and the said Special Appeal was also finally disposed of on 23-02-2007. The Division Bench set aside the judgment dated 31-03-2006 passed by learned Single Judge and directed that the petition be decided afresh in accordance with law. During the pendency of the Special Appeal, the Division Bench appointed the District Magistrate, Udham Singh Nagar, as Receiver, for the management of Gurudwara Sri Nanakmatta Sahib. The Division Bench also permitted vide order dated 17-05-2007 to constitute a committee for management of the day to day affairs of the Gurudwara with 5 (five) members. During the pendency of the Special Appeal, the Division Bench appointed the District Magistrate, Udham Singh Nagar, as Receiver, for the management of Gurudwara Sri Nanakmatta Sahib. The Division Bench also permitted vide order dated 17-05-2007 to constitute a committee for management of the day to day affairs of the Gurudwara with 5 (five) members. It was directed by the Division Bench, vide judgment dated 23-02-2007, that the interim arrangement made vide order dated 06-05-2006 shall continue to remain in force till the final decision of the writ petition. 9. The judgment of Division Bench was challenged before the Hon'ble Supreme Court and the Hon'ble Supreme Court in SLP (Civil) Nos. 21091-21092 of 2007 in order dated 07-02-2011 did not consider the matter on merits, as the matter was already remanded by the Division Bench of the High Court. However, it was directed by the Hon’ble Supreme Court that the learned Single Judge will hear other parties to the writ petition and any person desiring to be impleaded, in accordance with law. 10. Pursuant to the direction issued by the Hon'ble Supreme Court and in order to provide an opportunity of hearing to all the interested persons, public notices were issued in newspapers, having wide circulation in Uttarakhand and relevant districts of Uttar Pradesh. Number of persons filed impleadment and intervention applications and all the applications were allowed. Accordingly, 201 respondents were added and thus, the total number of respondents is 206. 11. The intervention/impleadment applications were filed on the basis that the applicant/ applicants have faith in Sikh religion and are interested in the proper and effective management and administration of Gurudwara Sri Nanakmatta Sahib and that some persons cannot decide the method of management and administration of the holy shrine and they prayed that they should also be heard in this matter. All the intervention and impleadment applications were allowed by the Court by different orders passed on different dates. 12. During the pendency of the writ petition, petitioner no.1 Hardeo Singh filed an application dated 15.10.2015 along with affidavit, seeking permission to withdraw the writ petition, stating therein that he is the sole petitioner, inasmuch as, the petitioner no. 2 Santokh Singh Bal had already expired. It was further mentioned in the affidavit that he does not want to press the writ petition. 2 Santokh Singh Bal had already expired. It was further mentioned in the affidavit that he does not want to press the writ petition. Permission was sought by him for the withdrawal of the writ petition in the interest of justice. Against the said application objection were filed by five interveners. This Court heard the parties in detail and passed an order on 18.03.2016 and declined to grant permission to the petitioner no. 1 to withdraw the writ petition at that stage. Considering the fact that the interest of Sikh community is involved, the Court directed the petitioner no.1 to get the general public notice published in the name of the Registrar General of this Court in one daily newspaper either (Dainik Jagran) or (Amar Ujala) in Dehradun, Hardwar, Nainital and Moradabad edition, indicating in the notice that the matter relating to framing of scheme for Management of Administration of Gurudwara Sri Nanakmatta Sahib, is pending in the High Court in this writ petition and any interested person may file an application for his impleadment as co-petitioner/ supplementary petitioner or application for transposition, as petitioner. Impleadment Application No. 3886 of 2016 was filed by the petitioner nos. 3 to 6. It was allowed by this Court on 19.08.2016 and petitioner nos. 3 to 6 were impleaded in the petition. 13. Thereafter, I.A. No. 13-14/2016 was filed in SLP Civil No. 21091-21092/2007 by the petitioner no.1 before the Hon’ble Supreme Court. The Hon’ble Supreme Court, vide order dated 18.04.2016, directed that the Writ Petition be disposed of on merit within six months from the date of order i.e. 18.04.2016. 14. The complete focus of this Writ Petition is to have a Scheme of Management for the proper administration and management of holy shrine, namely, Gurudwara Sri Nanakmatta Sahib and to have an elected body of representatives, who can efficiently, honestly and effectively manage and run the affairs of this important Gurudwara. 15. In this petition, various parties have submitted proposed Scheme of Management along with proposed byelaws and constitution for the proper and effective management and administration of Gurudwara Sri Nanakmatta Sahib. 16. To start with the Petitioner Number 01, Sri Hardeo Singh proposed a Scheme of Management, vide supplementary affidavit dated 17.12.2005. The scheme is incomplete, as it does not provide any provision for the elections of the members and also the elections of the office bearers. 16. To start with the Petitioner Number 01, Sri Hardeo Singh proposed a Scheme of Management, vide supplementary affidavit dated 17.12.2005. The scheme is incomplete, as it does not provide any provision for the elections of the members and also the elections of the office bearers. The concept that the members will remain in the office till the time they have remained in Guru Mariyada and will live as per Sikh Tenets is also not a reasonable proposal as the said proposal does not depict democratic setup to elect a general body and the office bearers. There cannot be a provision that members of the Prabandhak Committee will hold office till perpetuity. In the scheme proposed by the Petitioner number 01, vide supplementary affidavit, provision has also been made to have a nominated member from the Jathedar of Karsewa of Nanakmatta Sahib. On the other hand, Respondent Number 06, in his application, CLMA Number 2871 of 2007, has leveled various allegations against Baba Tarsem Singh and his followers, who are apparently doing some Karsewa at Nanakmatta Sahib Premises. The above mentioned scheme, as proposed by petitioner number 01, is incomplete and does not appear to be reasonable scheme. Moreover, it is opposed by other parties. The same cannot be accepted. 17. In SLP (Civil) Nos. 21091-21092 of 2007 filed before the Hon'ble Supreme Court, a settlement was arrived between Petitioner Sri Hardeo Singh and Respondent Number 01 Shri Jaswinder Singh before Hon'ble Supreme Court. The settlement between parties was in the nature of a proposed Scheme of Management of Gurudwara Sri Nanakmatta Sahib. Along with the settlement, a proposed constitution and byelaws of the Prabandhak Committee, Gurudwara Sri Nanakmatta Sahib were also submitted. It was submitted that they are the only person concerned, and therefore, the settlement reached between them is acceptable to the community. Impleadment application was also filed in the S.L.P. and they opposed the said settlement. 18. The Hon'ble Supreme Court directed that the said compromise be filed before the High Court and the learned Single Judge of the High Court will consider and pass appropriate orders in accordance with law by hearing other parties to the Writ Petition and any person desiring to be impeded in accordance with law. 19. 18. The Hon'ble Supreme Court directed that the said compromise be filed before the High Court and the learned Single Judge of the High Court will consider and pass appropriate orders in accordance with law by hearing other parties to the Writ Petition and any person desiring to be impeded in accordance with law. 19. The Special Leave Petition was disposed of without expressing any opinion on merit leaving it to the parties to work out their remedies before the High Court by filing the application for settlement before him. 20. Accordingly, Respondent Number 06 Shri Jaswinder Singh, filed an application along with an affidavit and certified copy of the judgment of the Hon'ble Supreme court and the settlement arrived between Shri Jaswinder Singh and Shri Hardeo Singh before the Hon'ble Supreme Court and the constitution and the byelaws. 21. Sri Lal Singh, respondent no.7 filed his counter affidavit and in the said counter affidavit, the settlement, as alleged by respondent no. 6, to have been arrived between respondent no. 6 and petitioner was challenged and it was contended that the compromise is not acceptable to the community and Shri Jaswinder Singh and Shri Hardeo Singh have no right to enter any sort of compromise on behalf of whole Sikh Community. 22. Sri Hardeo Singh also filed an affidavit dated 27.09.2011 to the effect that compromise between Shri Hardeo Singh and Shri Jaswinder Singh was placed in a meeting organized at Gurudwara Sri Nanakmatta Sahib on 07.08.2011 before Sangat. The entire Sangat unanimously accepted the compromise and it was decided that all the parties will submit their acceptance to the compromise before this Court and should request for the acceptance of compromise so that the dispute pertaining to the Management Committee is finally decided at the earliest. The settlement has arrived between Shri Hardeo Singh and Sri Jaswinder Singh and allegedly accepted by the Sangat on 07.08.2011 at Gurudwara Sri Nanakmatta Sahib was strongly objected by respondent no.7 Shri Lal Singh. An affidavit, objecting the said settlement, was filed by Sri Lal Singh on 11.10.2011. Respondent nos. The settlement has arrived between Shri Hardeo Singh and Sri Jaswinder Singh and allegedly accepted by the Sangat on 07.08.2011 at Gurudwara Sri Nanakmatta Sahib was strongly objected by respondent no.7 Shri Lal Singh. An affidavit, objecting the said settlement, was filed by Sri Lal Singh on 11.10.2011. Respondent nos. 12, 13 and 14 through Shri Ranjit Singh, respondent no.14, also objected to the said settlement between Shri Hardeo Singh and Shri Jaswinder Singh allegedly entered on behalf of the entire community and it was also disputed that no such meeting, as alleged to have been taken on 07.08.2011 at Gurudwara Sri Nanakmatta Sahib, took place and the contention of Shri Hardeo Singh with regard to the meeting and acceptance of the compromise by the such Sangat has been strongly opposed. 23. In view of the strong opposition of the said settlement and proposed constitution and byelaws proposed by Shri Hardeo Singh and Shri Jaswinder Singh, the said settlement and the constitution and byelaws cannot be accepted. 24. It is also pertinent to mention here that perusal of the proposed constitution and byelaws as submitted by Sri Hardeo Singh and Sri Jaswinder Singh provides caste based membership from different areas of the State of Uttarakhand. It is important to mention here that one of the primary beliefs and principles of Sikh Religion is 'Brotherhood'. The said principle provides that “all human beings are equal and we are sons and daughters of Waheguru, the Almighty.” One of the underlying value which every Sikh must have, is equality i.e. all humans are equal before God - no discrimination is allowed on the basis of caste, race, sex, creed, origin, colour, education, status, wealth, etc. 25. Since, the basic principle and underlying value in Sikh religion is Brotherhood and Equality of human beings, therefore, constitution and byelaws proposed by Sri Hardeo Singh and Sri Jaswinder Singh cannot be accepted as a standard Scheme of Management or standard constitution for the management and administration of an important Sikhs Shrine, namely, Gurudwara Sri Nanakmatta Sahib. 26. Apart from above, it is also observed that in the constitution and byelaws proposed by Sri Hardeo Singh and Sri Jaswinder Singh, two members are to be nominated from Dera Karsewa of Baba Harbans Singh ji, Sri Nanakmatta Sahib and the office bearers in the committee can also be elected from amongst the nominated members. 26. Apart from above, it is also observed that in the constitution and byelaws proposed by Sri Hardeo Singh and Sri Jaswinder Singh, two members are to be nominated from Dera Karsewa of Baba Harbans Singh ji, Sri Nanakmatta Sahib and the office bearers in the committee can also be elected from amongst the nominated members. As per the Sikh Religion, Karsewa means selfless and voluntary service which should not be used either as a weapon or as a shield. The concept of Karsewa originated from the idea that construction or maintenance activities at any Gurudwara Sahib should be conducted by the devotees of Sikh Religion by their own hand. Karsewa is considered to be as a mode of serving the Almighty God. 27. At page number (Ang) 26 of Sri Guru Granth Sahib, it has been provided that "In the midst of this world, do sewa and you shall be given a place of honour in the Court of Lord." The importance of selfless sewa has been highlighted in Sri Guru Granth Sahib at page number (Ang) 286 wherein, it has been provided "one who performs selfless service, without thought of reward, shall attain his Lord and Master." The sewa has to be desire-less. True sewa, according to Sikhs Scriptures must be without desire (nishkam), guileless (nishkapat), in humility (nimarata) with purity of intention (Hirda Suddh), with sincerity (chit lae) and in utter selflessness (vichon ap gavae). 28. Involvement of sewadars or heads of the Karsewa groups in the management and administration of Gurudwara is not in accordance with the Sikhs philosophy and Sikhs Scriptures. The sewadars and the leaders of the Karsewa groups should perform Karsewa, if they wish to, on the above noted principles of Sikh Religion. 29. This Court is of the view that establishing a Managing Committee for the management and administration of a Gurudwara is also a form of sewa towards the Gurudwara Sahib, which is the seat of Sri Guru Granth Sahib. The members of the Management Committee should realize that they are the chosen ones who have been given the responsibility of managing the day to day affairs of the Gurudwara Sahib for the overall benefit and welfare of the Gurudwara, Sikh Community in particular and society at large. 30. The members of the Management Committee should realize that they are the chosen ones who have been given the responsibility of managing the day to day affairs of the Gurudwara Sahib for the overall benefit and welfare of the Gurudwara, Sikh Community in particular and society at large. 30. The activities towards the improvement and welfare should be in accordance with the basic principles and beliefs of Sikh Religion and should reflect the basic principles and beliefs and also the values of Sikh Religion. The Management Committee should take such steps, so that the development works at any Gurudwara should be carried under their guidance and leadership and through the volunteers who are ready to perform Nishkam Seva. 31. The concept of Karsewa groups originated when like minded people having the idea of doing sewa collected together and performed selfless service for the development and welfare of the Gurudwara and the society either in their own cities or town or villages or at other locations. The volunteer group was to be headed by some leader under whose able guidance, the nishkam sewa could be performed in a well-oriented direction and on the basic principles and values of Sikh Religion. 32. Involvement of persons in the Management Committee of a Gurudwara in the guise of Karsewa is not acceptable in Sikh Religion. It is strange that Sri Jaswinder Singh, respondent number 6, in one of his affidavit, has leveled serious allegations against one Baba Sri Tarsem Singh of Karsewa group at Gurudwara Sri Nanakmatta Sahib and in the constitution and byelaws proposed by him along with Sri Hardeo Singh, it has been proposed that two members are to be nominated from Dera Karsewa of Baba Harbans Singh ji. 33. This Court is informed that Baba Tarsem Singh is following the same group of Karsewa as was started by Baba Harbans Singh ji. This Court is also of the view that nomination of members from Sikh bodies and Sikh Gurudwaras from far flung areas/ districts of Uttar Pradesh having no common border with district Udham Singh Nagar, is no more required, as with the creation of the State of Uttarakhand there is complete change of circumstances and Sikh bodies and Sikh Gurudwaras are available in the State of Uttarakhand itself. 34. 34. Further, this Court is of the view that the concept of patron in any Management Committee relating to the management and administration of a Gurudwara is not required. The Hon'ble Supreme Court in Shiromani Gurudwara Prabandhak Committee Versus Somnath Dass, 2000 (4) SCC 146 , has held that Sri Guru Granth Sahib is a juristic person capable of holding property and its title and name. 35. In any Sikh Gurudwara, the owner of the entire property should be Sri Guru Granth Sahib and the Management Committee and other members and devotees of the religion should seek guidance from the teaching of Gurus and other saints as available in Sri Guru Granth Sahib. 36. It is important to mention here that Sri Guru Granth Sahib has been considered as a living Guru. The last living Guru, Sri Guru Gobind Singh, expressed in no uncertain terms that, henceforth, there would not be any living Guru. The Guru Granth Sahib would be the vibrating Guru. He declared that "Sab Sikhan ko hokam hai Guru Manyo Granth" meaning "All Sikhs are commanded to take the Granth as Guru". It was declared that "henceforth, it would be your Guru from which you will get all your guidance and answer." It is with this faith that Sri Guru Granth Sahib is worshipped like a living Guru. 37. In view of the strong opposition of the said settlement and proposed constitution and byelaws proposed by Sri Hardeo Singh and Sri Jaswinder Singh, the said settlement and the constitution and byelaws cannot be accepted. 38. Sri Lal Singh, respondent number 7 and State Secretary of a registered body, working in the interest of Rai Sikh Community, also proposed a Memorandum of Association for the Prabandhak Committee of Gurudwara Sri Nanakmatta Sahib. The said proposed Memorandum of Association was filed along with affidavit dated 17.11.2011. 39. The Memorandum of Association, as proposed by Sri Lal Singh, through his affidavit dated 17.11.2011, was not pressed by Sri Lal Singh, as a compromise was arrived between Sri Lal Singh, Sri Hardeo Singh and Sri Jaswinder Singh and it was resolved that the post/membership of Sri Devendra Singh be given to one person of the Association of respondent number 7 and as per their choice. The settlement dated 14.12.2008, which was placed before the Hon'ble Supreme Court and before this Court was slightly amended and again said to be accepted by majority of the parties to this petition. This scheme/byelaw was submitted by Shri Hardeo Singh by affidavit dated 25.11.2012. 40. Respondent number 38 to 75 have also prayed that fresh elections may be held and members may be elected from only the State of Uttarakhand, as the committee of Management of some historical Gurudwaras and having their members may be elected from that very State, where such historical Gurudwaras are situated. 41. Respondent Number 33, through his affidavit dated 27.10.2015, challenged the settlement, constitution and byelaws proposed by Sri Hardeo Singh, Sri Jaswinder Singh and Sri Lal Singh. The challenge was on the ground that in the said settlement, constitution and byelaws reservation policy has been provided and reservation has been earmarked for a certain community. It was challenged that the said reservation policy is highly objectionable. The said settlement has been challenged by many other respondents and it cannot be said that the settlement, along with its amendments, is acceptable to all the parties to the petition. Also, various infirmities have already been pointed out with regard to the settlement, which was arrived between Sri Hardeo Singh and Shri Jaswinder Singh. 42. Further, the settlement scheme, as proposed by Shri Jaswinder Singh, vide affidavit dated 11.09.2015, was also challenged on the ground that the advocates whose names are mentioned in the said scheme of settlement, are representing certain interested parties in the present case and it will not be reasonably practicable to assign the duty of framing byelaws to them, as it will adversely affect the right of other parties. 43. It is also pertinent to mention here that perusal of the affidavit of Shri Sewa Singh, Returning Officer in 1998 elections, shows that the elections, which were held in the year 1998, could not take a formal shape, as no charge could be given to the said elected committee, as a dispute arose about the said election and the matter was challenged before the Court. These elections were held on the basis of Memorandum of Association amended in the year 1997. Thereafter, in the year 1999, a Receiver was appointed for the management and administration of Gurudwara Sri Nanakmatta Sahib. 44. These elections were held on the basis of Memorandum of Association amended in the year 1997. Thereafter, in the year 1999, a Receiver was appointed for the management and administration of Gurudwara Sri Nanakmatta Sahib. 44. It transpires from the pleadings submitted by various parties to the petition that the Scheme of Management or constitution or byelaws or Memorandum of Association proposed by either of the party is not acceptable to all the parties of the petition and objections have been filed against each such scheme/constitution/byelaws/Memorandum of Association. 45. In this case, I find that in the year 1959, a Society named as Prabandhak Committee, Gurudwara Sri Nanakmatta Sahib, District Nainital, U.P. was registered under the Societies Registration Act. Thereafter, on 16.11.1987, a Memorandum of Association of the Gurudwara Prabandhak Committee, Sri Nanakmatta Sahib was registered in the office of Registrar Societies and Chits, Kumaon Area Haldwani, District-Nainital. The said Memorandum of Association existed for a petty long time, till amendment was made in the year 1997. 46. To my mind, the Memorandum of Association, as was registered in the Office of Registrar, Societies and Chits, Haldwani on 16.11.1987, is the last Memorandum of Association, which is not in dispute. The subsequent amended Memorandum of Association of 1997 is also a disputed one. 47. The objective of this petition and the effort of this Court is to provide the Scheme of Management or byelaws on the basis of which the Management Committee of the Gurudwara is elected in a democratic manner. The Court is also of the view that keeping a Receiver for a long time for managing the affairs of the religious body is not proper. The Hon’ble Supreme Court, vide its order dated 18.04.2016, in I.A. No. 13-14/2016 in S.L.P. (C) Nos. 21091-21092/2007 was of the view that the affidavit of the District Magistrate be considered by the High Court, while deciding the writ petition. I have perused the affidavit dated 05.04.2016 filed by the District Magistrate, Udham Singh Nagar before the Hon’ble Supreme Court. The District Magistrate has given details of the income and landed property of Gurudwara. He has also submitted that development activities are being carried at Gurudwara Sri Nanakmatta Sahib. I have perused the affidavit dated 05.04.2016 filed by the District Magistrate, Udham Singh Nagar before the Hon’ble Supreme Court. The District Magistrate has given details of the income and landed property of Gurudwara. He has also submitted that development activities are being carried at Gurudwara Sri Nanakmatta Sahib. But, I am of the view that appointment of a Receiver for a long time encourages the unscrupulous persons to meddle with the management, property and funds of the Gurudwara, which causes dissatisfaction amongst the general Sikh community. Thus, a proper elected body duly elected in a democratic manner should work as per Sikh values, principles and beliefs, as given in Guru Granth Sahib. With the duly elected body, unauthorized groups and persons would not interfere in the management and administration of Gurudwara and its property. For getting a duly elected body, requirement of Election Officer is must. Suggestion has been given at Bar that Sardar Kanwar Amninder Singh, H.J.S., Registrar of this Court may be appointed as Election Officer. This Court also finds him a fit and deserving person for this purpose. 48. In view of the above discussion, the writ petition is disposed of by issuing following directions: 1. There shall be an Election Officer, who shall be responsible for delimitation of wards/ halkas, preparation of electoral rolls, qualification of electors, qualification of members, elections, publications of results, first meeting of the elected members, election of office bearers, first meeting of committee, constitution of sub-committees and amendment or alteration of Memorandum of Association. 2. Sardar Kanwar Amninder Singh, H.J.S., presently posted as Registrar, Uttarakhand High Court, Nainital, whose name is also suggested at Bar, is appointed as Election Officer. 3. The Election Officer will determine the number of halkas/wards and the extent of each ward. 4. The Election Officer will take necessary and suitable decision with regard to the affiliation of any new Gurudwara in any of the ward, determined by the Election Officer. 5. The Election Officer for the purposes of the completion of the election process including de-limitation/re-determination of wards, preparation of electoral rolls, verification of electors, qualification of members, election process, publication of results, first meeting of elected committee, election of office bearers, first meeting of the committee, constitution of sub-committees etc., may constitute a committee not exceeding five members, whom the Election Officer finds suitable. Such five persons should be respectable and educated persons with no criminal record and no history of association with election of Gurudwara Sri Nanakmatta Sahib. These persons should have no interest or association with any candidate or group. They will also give an undertaking to the Election Officer that they have no interest in the election and they will not participate in canvassing or election etc. in any manner. The Election Officer shall follow such procedure, which is reasonable and on the basis of the principles of natural justice and in accordance with the Sikh principles and values. 6. For all purposes, the registered Memorandum of Association, duly registered in the Office of Registrar, Societies and Chits, Kumaon Area, Haldwani on 16.11.1987, shall be the base guidelines and the Scheme of Management and administration of holy shrine known as Gurudwara Sri Nanakmatta Sahib. There should be no diversion till newly elected committee joins, whatever decision is taken by the Election Officer, that should not be in contravention of 1987 Memorandum of Association. There shall be no patron at Gurudwara Sri Nanakmatta Sahib. 7. In view of the changed circumstances, following changes are being made, as an interim arrangement till a committee is duly elected, so that the scheme is successfully implemented: (a) There shall be no nomination of one member by U.P. Sikh Central Board, Lucknow. (b) The nomination of an intellectual member and one Majahabi Sikh by Prabandhak Committee, Gurudwara Sri Nanakmatta Sahib is deferred till a duly elected committee comes into existence. That committee will take decision in this regard. (c) The duly elected committee of Gurudwara Sri Nanakmatta Sahib will nominate one person having a very good reputation in the society and who has a long standing experience in the Sikh religious studies or in the field of science or literature or education or law. 8. For time being, for the purposes of Langar and other daily routine expenses, a sum of Rs.50,000/- shall be kept in cash, in hand, in the Office of the committee. All other amount received, shall be kept in the bank account of the committee on every alternate day. 9. The duly elected committee, in consultation with Election Officer will have a right either to follow the Memorandum of Association registered on 16.11.1987 with necessary amendments or to frame a new Memorandum of Association. 10. All other amount received, shall be kept in the bank account of the committee on every alternate day. 9. The duly elected committee, in consultation with Election Officer will have a right either to follow the Memorandum of Association registered on 16.11.1987 with necessary amendments or to frame a new Memorandum of Association. 10. The amended or new Memorandum of Association shall be got registered under the Office of Registrar, Societies and Chits, Uttarakhand. 11. The District Magistrate, Udham Singh Nagar, who has been appointed as a Receiver of the Gurudwara Sri Nanakmatta Sahib by the order of this Court, will provide all necessary assistance and facilities in the form of resources, manpower etc. as may be required by the Election Officer for performing his responsibility as entrusted to him. 12. The Senior Superintendent of Police, Udham Singh Nagar shall also provide necessary assistance in the form of security etc. as and when asked by the Election Officer for the complete process of election of Prabandhak Committee of Gurudwara Sri Nanakmatta Sahib. 13. In case, Election Officer wants to seek any clarification or further direction, in that event, he can approach this Court. 14. The final result of the election along with list of elected body and executive committee will be submitted by the Election Officer within a period of six months before this Court. 15. As soon as the Election Officer is appointed, the Receiver (District Magistrate, Udham Singh Nagar) shall take all decision with regard to the management and administration of Gurudwara Sri Nanakmatta Sahib and its properties, in consultation with the Election Officer, till new committee is constituted. 16. The Receiver (District Magistrate, Udham Singh Nagar) will handover the charge of the administration and management of Gurudwara Sri Nanakmatta Sahib to the elected committee after it is duly elected. 17. The Election Officer will inform the Receiver about the same. 18. Before handing over the charge to the duly elected committee, the Receiver shall get the accounts audited by one or more auditor duly qualified to act as an auditor. The above arrangement is of temporary arrangement till newly elected body is duly constituted. 49. 17. The Election Officer will inform the Receiver about the same. 18. Before handing over the charge to the duly elected committee, the Receiver shall get the accounts audited by one or more auditor duly qualified to act as an auditor. The above arrangement is of temporary arrangement till newly elected body is duly constituted. 49. Registry is directed to send certified copies of this judgment to Sardar Kanwar Amninder Singh, presently posted as Registrar of this Court, District Magistrate, Udham Singh Nagar, S.S.P., Udham Singh Nagar and also to the office of Prabandhak Committee Gurudwara of Nanakmatta Sahib, District Udham Singh Nagar. 50. All applications stand disposed of. 51. After judgment was dictated, Shri C.D. Bahuguna, learned Senior Advocate for petitioner no. 3 to 6 made some more submissions. I think it proper as well as necessary to deal with the same. 52. Shri C.D. Bahuguna, learned Senior Advocate for petitioner nos. 3 to 6 submitted that appointing of an Election Officer would be a welcoming step for the entire Sikh community and the devotees of Sikh Sect (Panth); but, to confer absolute power in one person, i.e. the Registrar of this Court, empowering him to constitute any committee to hold election or to add or exclude any Halka or ward for the purpose of election, would be a serious risk, for fair, free and impartial election. He submitted that there would be every likelihood that even the Registrar, who belongs to the same community i.e. Sikh community, may be influenced or swayed by any person or group including advocates to include any unreasonable person in the committee or include any ward or Halka for conducting election, for absolutely extraneous motive and consideration. The said submission of learned Senior Advocate is not acceptable to this Court. 53. In my view, Sardar Kanwar Amninder Singh, H.J.S., presently posted as Registrar of this Court, is a senior Judicial Officer and is a man of absolute integrity. He has held various judicial and administrative posts and there is no reason or ground to believe that he would not hold the election in the fair, free and impartial manner. He is expected to get the election conducted in the absolutely fair, free and impartial manner and for his assistance he may constitute a committee, as has been mentioned in this judgment. 54. Learned Senior Advocate for the petitioner no. He is expected to get the election conducted in the absolutely fair, free and impartial manner and for his assistance he may constitute a committee, as has been mentioned in this judgment. 54. Learned Senior Advocate for the petitioner no. 3 to 6 also made submission with regard to the administration and management of Gurudwara Sri Nanakmatta Sahib. He submitted that the Scheme of Management, as framed by the learned District Judge in the year 1935, is still capable of being operated and implemented in the welfare of the entire Sikh community. 55. He submitted that the formation of the society in the year 1959, Memorandum of Association of 1987 and amended Rules and Regulations of 1997, are not in accordance with the directions issued by the learned District Judge in the year 1935. He argued that, at the time of formation of society in the year 1959, necessary directions and permissions were not obtained from the then District Judge, as was supposed to be done in accordance with Clause No. 6 of the Scheme of Management given by the then District Judge, Kumaon, vide judgment dated 20.08.1935. He submitted that the Memorandum of Association of 1987 and also the amended Rules and Regulations of 1997 are outcome of the society, which was formed in the year 1959. Since the formation of the society in the year 1959 itself is against the judgment of the learned District Judge, therefore, any Rule/ Regulation/ Memorandum of Association, on the said basis, is also not valid. In my view, this contention of the learned Senior Advocate for the petitioner no. 3 to 6 is not correct. In the year 1935, when the suit under Section 92 was filed, before the then District Judge, Kumaon, the area, where at present Gurudwara Sri Nanakmatta Sahib is situated and also the surrounding areas were very less populated. The Sikh population in this area was very scarce. This fact can be ascertained from the judgment dated 20.08.2013, in which it has been observed that Sikh population in the area is not as much as it is in the State of Punjab. At that time, modes of communication and transportation were not also quite good and the Tarai area, in which present District Udham Singh Nagar is situated, was a thick forest. At that time, modes of communication and transportation were not also quite good and the Tarai area, in which present District Udham Singh Nagar is situated, was a thick forest. It is a known fact that Sikh population in the Tarai area of erstwhile Uttar Pradesh increased thereafter. 56. The learned District Judge, Kumaon, while declaring the Gurudwara Sri Nanakmatta Sahib as a Sikh Temple, provided for the Scheme of Management, so that this shrine is properly managed by Sikh community and not by Mahant or other persons. Since only four plaintiffs belonging to Sikh community were before the learned District Judge, therefore, those four persons and one nominated by the Deputy Commissioner, Kumaon, were combined into a group of five persons to run the affairs of Gurudwara Sri Nanakmatta Sahib. It is pertinent to mention here that for registering a society, at least seven persons are required. This Court is of the view that for effectively managing an important Sikh shrine, having large following, there should be a democratic set-up by way of elections, so that effective development work can continue. Democratic set-up in the management and administration of a religious shrine can be achieved by constituting a society, in which there are regular elections so that the community member of that area regularly elect suitable and competent persons to represent them in an important Sikh shrine in that area. There is no document on record to show that the state of affairs, as to how Gurudwara Sri Nanakmatta Sahib was being run after the judgment passed by the District Judge on 20.08.1935. Also, there is no document on record to show that as to whether any permission was sought or not from the concerned District Judge before formation of the society in the year 1959. 57. In my view, the Scheme of Management, as proposed by the learned District Judge in the year 1935, did not remain relevant at the later years and is also not relevant in the present time, as since 1935, over the years, Sikh population in that area has increased and the collection of money and property of the Gurudwara has also increased. Therefore, it cannot be said that the formation of the society in the year 1959 or framing of Memorandum of Association in the year 1987 is irrational and unreasonable. Therefore, it cannot be said that the formation of the society in the year 1959 or framing of Memorandum of Association in the year 1987 is irrational and unreasonable. Further, it is to be noted that the same worked for a very long period and were not challenged before any Court by any one at any point of time. 58. Learned Senior Advocate also argued that the society, which was formed in the year 1959, has now become defunct, as its registration has not been renewed from time to time and the Memorandum of Association of amended Rules/Regulations/Byelaws have also lost their existence. It may be true that the registration of the society, which was formed in the year 1959, has not been renewed from time to time; but, this Court is not directing the restoration of the society, framed in the year 1959. 59. Further, in my view, the Scheme of Management, which provides for a democratic method of election of members and available as Memorandum of Association and was registered with Registrar Societies and Chits on 16.11.1987, is a reasonable and rationale Scheme of Management. Therefore, this Court has given right to the Election Officer to determine/re-determine the wards from where the members are to be elected. This is important in view of the changed circumstances and also after creation of the State of Uttarakhand. Once elections are conducted on the basis of Memorandum of Association of 1987 and duly elected committee comes into picture, then the said committee will have the liberty to apply for either renewal of society formed in the year 1959 or for fresh registration of society before the Registrar, Societies, Uttarakhand. The committee which will be duly elected will have the liberty to amend the Memorandum of Association of the year 1987 for future purposes or to frame a new Memorandum of Association. However, till the time the duly elected committee amends the Memorandum of Association of 1987 or frames a new Memorandum of association, the affairs of the committee as well as Gurudwara Sri Nanakmatta Sahib will be amended and run on the basis of Memorandum of Association of the year 1987. 60. Shri C.D. Bahuguna also submitted that the writ petition was amended in the year 2013 and it was specifically submitted that the society, which was registered in the year 1959, has not become defunct. 60. Shri C.D. Bahuguna also submitted that the writ petition was amended in the year 2013 and it was specifically submitted that the society, which was registered in the year 1959, has not become defunct. He submitted that in the amendment of prayers of the writ petition, two prayers were incorporated, but due to typographical error the second prayer was typed as (b), instead of (a-i). He argued that the original prayer (b), which related to striking down of the byelaws, so framed and registered under the Societies and Registration Act, 1959, is still in existence. He pressed the said prayer. 61. As far as the prayer of Shri C.D. Bahuguna for striking down the byelaws framed in the year 1959 is concerned, the same cannot be accepted. In fact, much before the addition of the petitioner nos. 3 to 6 in the writ petition, the petition was amended and the new payers were added, which related to framing of scheme of amendment and also holding of elections. The petitioner nos. 3 to 6 have no right to say that the amendment in the prayer was not intended to delete the original prayer no. (b). In case, the petitioner wanted any change in the amended prayer, they could have brought a fresh amendment application, which was not brought by them. Therefore, this argument of learned Senior Advocate is also rejected. Moreover, in view of the discussion made in the judgment, the said prayer could not be allowed. 62. Learned Senior Advocate further argued that, in the Scheme of Management, there should be members from the Dera Karsewa, as the said Dera Karsewa, Nanakmatta organizes Guru Ka Langar, it has also carried out development activities of construction, decoration, fitting of golden doors of Gurudwara Sri Nanakmatta Sahib and, therefore, two members should be nominated from Dera Kar Sewa from Nanakmatta Sahib. 63. In my view, anybody can get himself involved in the Karsewa. A person of any community can also do Karsewa. There is no such restriction that only Sikh can do the Karsewa. In fact, the Karsewaks should not be involved with the management of the temple. They should also not be involved in the financial activities of the management. 63. In my view, anybody can get himself involved in the Karsewa. A person of any community can also do Karsewa. There is no such restriction that only Sikh can do the Karsewa. In fact, the Karsewaks should not be involved with the management of the temple. They should also not be involved in the financial activities of the management. Moreover, I have already discussed the issue of inclusion of members of Karsewa group in the body responsible for the day-to-day affairs and management and administration of the Gurudwara Sri Nanakmatta Sahib and I am of the view that there should be no nomination from Karsewa group in the management committee. Works like holding free kitchen, Langar for all communities, development and improvement of Gurudwaras and its premises etc. are such activities, which are to be carried by the management committee of the Gurudwara and not solely by some Karsewa groups. 64. Shri C.D. Bahuguna, learned Senior Advocate for petitioner nos. 3 to 6 also argued that a committee of intellectuals of various Gurudwaras should have an active role in the constitution of Management of the Holy Shrine Gurudwara Sri Nanakmatta Sahib. This Court is already of the view that the Election Officer will have the liberty to constitute a committee of five persons for assisting the Election Officer in the election process. The Election Officer will select such five persons, who are responsible and educated and who have no criminal record and have no history of association with elections of Gurudwara Sri Nanakmatta Sahib. 65. Submissions are, accordingly, disposed of.