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2016 DIGILAW 964 (UTT)

Gurdeep Singh Chauhan v. District Magistrate

2016-12-14

SUDHANSHU DHULIA

body2016
JUDGMENT : 1. Mr. G.D. Joshi, Advocate, present for the petitioner. 2. Ms. Prabha Naithani, Brief Holder, present for the State/respondent No.1. 3. “Gurudwara Sri Nanakmatta Sahib” is one of the most sacred and well known “Gurudwara” of Sikh Community. As there was no elected Management Committee to run the affairs of the “Gurudwara”, a writ petition being WPMS No.7064 of 2001 was filed before this Court. The said writ petition was disposed of by the learned Single Judge of this Court vide judgment and order dated 08.09.2016 with certain directions, where, inter alia, Mr. Kanwar Amninder Singh, who is the Registrar of this High Court, was appointed as the Election Officer to conduct elections of the Management Committee. 4. This Court had given certain directions to the Election Officer in its judgment dated 08.09.2016. The relevant portion of the said judgment reads as under:- “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.” 5. Pursuance to this, an order was passed by the Election Officer wherein procedure was declared, where one of the conditions for election as a Member of Prabandhak Committee of “Gurudwara” was that charges should not have been framed against such a person in any criminal court. 6. Pursuance to this, an order was passed by the Election Officer wherein procedure was declared, where one of the conditions for election as a Member of Prabandhak Committee of “Gurudwara” was that charges should not have been framed against such a person in any criminal court. 6. The petitioner has filed his nomination for a Member of the Committee, however, his candidature was rejected by the Election Officer vide order dated 03.12.2016, which is as follows:- “While scrutinizing the delegate forms, it was found that it was found that the delegate form of S. Gurdeep Singh Chauhan has informed that there are three pending cases against him. He was asked to inform about the details of the said three cases be given and he should also inform as to whether charges have been framed in the said cases or not. It important to mention here that one of the eligibility condition to become a delegate is that there should not be any pending criminal case against the delegate in which charges have been framed. On inquiry, it was informed that two cases are pending in the Court of Additional District Judge, Khatima, whereas one case is pending in the court of Additional District Judge, Rudrapur. He informed that he does not have the details of the cases with him but he will send the details through whatsapp message or SMS. He accordingly, sent the details through whatsapp message on the mobile of S. Ranjeet Singh Rana, Assistant Accountant at the office of Gurudwara Prabandhak Committee at Nanakmatta Sahib. Though he gave the details of all three cases, but did not inform about as to whether charges have been framed or not. On inquiry, it was found that the criminal case number 128 of 2015 under Section 147, 148, 149, 207, 323, 504, 506, read with Section 34 IPC and Section 7 Criminal Law Amendment Act, Police Station, Khatima and Criminal Case 171 of 2015 under Section 25 Arms Act are pending in the court of Additional District and Sessions Judge, Khatima. In both these cases, charges have been framed on 29.08.2016. The third case, Crl. Case No.140/2015 under Section 2/3 Gangster Act is pending in the Court of IInd Additional District and Session Judge, Rudrapur. In both these cases, charges have been framed on 29.08.2016. The third case, Crl. Case No.140/2015 under Section 2/3 Gangster Act is pending in the Court of IInd Additional District and Session Judge, Rudrapur. Since, charges have been framed against Sri Gurdeep Singh in criminal cases pending at Khatima, therefore, his election as delegate for Gurudwara Sri Singh Sabha Kashmiri Farm in Halka Number 14 is cancelled and his form is also rejected.” 7. The order dated 03.12.2016 is in compliance with the condition laid down by the Election Officer, which in turn is in pursuance of the order dated 08.09.2016 passed by this Court in WPMS No. 7064 of 2001, which is already referred above. 8. The candidature of the petitioner was rejected as there were at least three criminal cases registered against the petitioner and where the charges have been framed against him, including the case under Section 2/3 of the Gangster Act. 9. By means of the present writ petition, the petitioner has challenged the election process. Voting is to take place tomorrow i.e. 15.12.2016. The election process is already on. No interference is liable to be made in a writ petition, when the election process is on, which is as per the law laid down by the Hon’ble Apex Court in the case of Mohinder Singh Gill & another Vs The Chief Election Commissioner, New Delhi & others reported in 1978 (1) SCC 405 . 10. In view of the aforesaid, the writ petition has no merit for consideration in a writ petition. The writ petition stands dismissed.