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2020 DIGILAW 1330 (DEL)

Shiromani Akali Dal Delhi v. Directorate of Gurdwara Elections

2020-10-12

JAYANT NATH

body2020
JUDGMENT Jayant Nath, J. - CM No.20259/2020 in WP. (C) 10685/2017 1. This is an application filed by the Government of NCT of Delhi praying that the applicant/Directorate of Gurdwara Elections may be granted exemption from preparation of fresh electoral rolls and liberty be granted to the applicant to complete the exercise of revision of the photo electoral rolls in the remaining period. The issue pertains to conduct of elections for members of the Delhi Sikh Gurdwara Management Committee which are due in March 2021. 2. The issue in question is whether to prepare fresh electoral rolls for the elections to Delhi Sikh Gurdwara Management Committee or to revise the existing electoral roll. The issue in question has a long chequered legal history. On 07.02.2012, in W.P.(C) 4166/2011 titled as "Dashemsh Sewa Society and Anr. Vs. Lt. Governor of Delhi & Ors." and W.P.(C) 311/2012 titled as "Harmohan Singh vs. Lt. Governor of Delhi & Ors.", a Coordinate Bench of this court had directed the applicant/Directorate of Gurdwara Elections to first complete the process of preparation of fresh electoral rolls and the process of delimitation of wards/constituencies before notifying general elections to the post of members of the Delhi Sikh Gurdwara Management Committee. The Division Bench, however, in the appeal being LPA No. 128/2012 titled as "Directorate of Gurdwara Elections & Ors. Vs. Dashmesh Sewa Society (Regd.) & Ors." passed an order on 01.03.2012 setting aside the order of the Coordinate Bench and held that the decision of the Lieutenant Governor to not defer the elections any further and to hold the elections was in accordance with law. The Division Bench directed that the decision to merge the new electoral rolls with the old one is in the spirit of the Rules. However, the Division Bench directed that the work of delimitation and/or preparation of fresh electoral rolls, if found to be necessary shall be undertaken immediately after the elections and ought to be completed well in time so that such a situation does not occur when the next elections become due. It was further directed that the applicant herein would be entitled to fix a fresh schedule for the general elections to the post of members of Delhi Sikh Gurdwara Management Committee. Against the aforesaid order of the Division Bench dated 01.03.2012, an SLP was filed in the Supreme Court being SLP (C) No. 8464/2012. It was further directed that the applicant herein would be entitled to fix a fresh schedule for the general elections to the post of members of Delhi Sikh Gurdwara Management Committee. Against the aforesaid order of the Division Bench dated 01.03.2012, an SLP was filed in the Supreme Court being SLP (C) No. 8464/2012. The SLP was disposed of on 17.09.2012 holding that the work of delimitation and preparation of electoral rolls, if found to be necessary would be undertaken after the general elections and shall be completed as early as possible and in no case, later than nine months from the date of declaration of result of the abovenoted general elections. Hence, the Supreme Court also permitted the elections to be held based on the revision of the electoral rolls and confirmed the directions of the Division Bench, namely, that the electoral rolls shall be revised and the work of delimitation should also be carried out immediately after the election. Thereafter on 11.07.2019, this court passed an order noting that the issues involved in the present petition are two-fold, firstly, the preparation of fresh electoral rolls for elections to the Delhi Sikh Gurdwara Management Committee and secondly, delimitation of 46 Gurdwara Wards for the purpose of such elections. The plea of the learned counsel for the Government of NCT of Delhi was noted and it was held that it would be in the interest of all concerned that fresh electoral rolls are prepared as close as possible to the next elections. Hence, the matter was adjourned to enable the parties to carry out the exercise of preparation of fresh electoral rolls. On 02.03.2020, a fresh order was passed noting that a decision had been taken by the LG for preparation of fresh photo electoral rolls and that the same has been set into motion and the rolls will be in accordance with the rules. 3. Shiromani Akali Dal (Delhi State) and Delhi Sikh Gurdwara Management Committee through its General Secretary have filed CM No.21540/2020 which are objections on their behalf to the present application being CM No.20259/2020 filed by the Government of NCT of Delhi. 3. Shiromani Akali Dal (Delhi State) and Delhi Sikh Gurdwara Management Committee through its General Secretary have filed CM No.21540/2020 which are objections on their behalf to the present application being CM No.20259/2020 filed by the Government of NCT of Delhi. It is stated that the objectors have themselves filed a separate writ petition being W.P.(C) 10690/2017 which is pending and which is primarily seeking directions against the respondents for preparation of fresh electoral rolls in terms of the provisions contained in Sections 2(n), 2(o), 4, 7 and 8 of the Delhi Sikh Gurdwara Act 1971 read with Rules 4, 7 & 32 of the Delhi Sikh Gurdwara Management Committee (Registration of Electors) Rules 1973. It is pleaded that the application of the Government of NCT of Delhi is mala fide and liable to be dismissed as the same is contrary to the provisions of the Delhi Sikh Gurdwaras Act, 1971 and the Rules framed therein. It is stated that under the Act in question only a Sikh person can seek registration of his name on the electoral rolls. Such a member has to mandatorily give an undertaking in this regard in accordance with Section 2(n) of the Delhi Sikh Gurdwara Act, 1971 (hereinafter referred to as the Act of 1971). A reference is made to the statutory provisions, namely, the Delhi Sikh Gurdwara Act, 1971 and the Rules as follows in the objections:- "i. That as per the statutory provisions contained in Delhi Sikh Gurdwara Act, 1971 and the rules made there under it is clear that admittedly only a Sikh person can seek the registration of his name in the Electors'' Roll. ii. That all the persons claiming to be "Sikh", have to necessarily and mandatorily give the undertaking regarding his aforesaid claimed status in terms of section 2(n) of the Delhi Sikh Gurdwara Act, 1971 reads as under:- "(n) "Sikh" means a person who professes the Sikh religion, believes and follows the teaching of Sri Guru Granth Sahib and the ten Gurus only and keeps unshorn hair. For the purposes of this Act, if any question arises as to whether any living person is or is not a Sikh, he shall be deemed respectively to be or not to be a Sikh according as he makes or refuses to make in the manner prescribed by rules the following declaration;- "I solemnly affirm that I am a Keshadhari Sikh, that I believe in and follow the teachings of Sri Guru Granth Sahib and the ten Gurus only and that I have no other religion". iii. That the aforesaid declaration is of utmost importance and the same can be ascertained from the fact that a person, having declared itself to be a Sikh under Section 2(n), has to qualify the provisions of Section 2(o) of the Delhi Sikh Gurdwara Act, 1971 in order to contest any election for the posts of the members of Delhi Sikh Gurdwara Management Committee. Section 2(o) reads as under:- "2(o). "Amritdhari Sikh" means and includes every Sikh who has taken Khande ka Amrit or Khanda Pahul, prepared and administered according to the tenets of Sikh religion and rites at the hands of five Pyaras or "beloved ones"." iv. The aforesaid provisions of the Delhi Sikh Gurdwara Act, 1971 read with the rules made there under are required to be interpreted in terms of "Sikh Rahat Maryada" also in order to ascertain the status of a person as "Sikh" or "Amritdhari Sikh". v. That Section 7 of the Delhi Sikh Gurdwara Act, 1971 prescribes that an Electoral Roll shall be prepared in such manner as may be prescribed by the Rules for every ward notified under Section 6 on which shall be entered the names of all persons entitled to be registered as voters in that ward. vi. That Section 8 of the Delhi Sikh Gurdwara Act, 1971, interalia, mandates every person ordinarily residing in a ward for not less than 180 days during the "qualifying period" shall be entitled to be registered in the Electoral Roll for that ward provided he is a Sikh of not less than 18 years of age as on the "qualifying date". Section 8 further mandates that no person shall be registered as an Elector who trims or shaves his beard or keshas or smokes or takes alcoholic drinks. Section 8 further mandates that no person shall be registered as an Elector who trims or shaves his beard or keshas or smokes or takes alcoholic drinks. Section 8 further provides the explanation with respect to the term "qualifying date" as the first day of the January of the year which the electoral is prepared and the year immediately preceding that year respectively. vii. That Section 10 of the Delhi Sikh Gurdwara Act, 1971 further provides additional requirements for the "Sikhs", within the meaning of section 2(n) read with Section 8, for participating in the elections for the post of members of the Delhi Sikh Gurdwara Management Committee. viii. Rule 4 provides that an Electoral Roll be prepared and Rule 7 provides details of the applications to be submitted for the registration of the persons/Sikhs as an Elector. ix. Rule 4 of the Delhi Sikh Gurdwara Management Committee (Registration of Electors) Rules 1973 provides that the Electoral Roll for each ward shall be prepared in Form-1. The description of Form-1 prior to the Amendment in the rules, which were made effective from 12/03/2015, required the following details:- a. Area b. Part No. c. House No. d. Elector''s Name e. Father''s/Husband''s name f. Male of Female g. Approximate age as on _ However, an additional requirement of the photographs of the electors was introduced by way of amendment which was made effective w.e.f. 12/03/2015. x. It is important that the aforesaid amendment in Form-1 was carried out in view of the amendment in Rule 7, w.e.f. 28/07/2010, whereby the requirement of having coloured passport size photograph was made mandatory and consequentially Form-2 also stood amended w.e.f. 28/07/2010 xi. That Rules 4 to 24 are applicable for the preparation of the Electoral Roll which involves the following steps only:- Steps Time period Inviting of fresh applications (online/physical) 2 month Printing of supplementary lists 1 month Inviting objections 21 days Printing of final electoral rolls 1 month xii. Rule 23 provides that the Electoral Roll shall remain in force for a period of until the final publication of a subsequent electoral roll for the ward. xiii. Rule 25 provides the procedure for the preparation of the Electoral Rolls on re-delimitation of the wards. xiv. Rule 23 provides that the Electoral Roll shall remain in force for a period of until the final publication of a subsequent electoral roll for the ward. xiii. Rule 25 provides the procedure for the preparation of the Electoral Rolls on re-delimitation of the wards. xiv. Rule 26 provides that the Director may, for reasons to be recorded in writing, direct the revision of the Electoral Roll of "a ward" or "part of ward" in any year or before any election or by-election to fill a casual vacancy. Rule 26 read as under:- "26. Revision of electoral rolls- (1) The Director may, for reasons to be recorded in writing direct the revision of the electoral roll of a ward or part of ward in any year or before any election or by- election to fill a casual vacancy. (2) The Administrator may, at any time, direct a special revision in the electoral roll in any ward or part of a ward in such manner as it may think fit. (3) Subject to the provisions of the Act and these rules, the electoral roll for a ward as in force at the time of the issue of any direction under subrule (1) or sub-rule (2), shall continue to be in force until the completion of the revision of electoral rolls under sub-rule (1), or as the case may be, under sub-rule (2). (4) When the electoral roll or any part thereof is so revised, it shall be prepared afresh and rules 4 to 22 shall apply except that no fresh application shall be necessary of a Sikh who is already registered as an elector and is resident of the same ward, provided, however, his application shall lie if his address in the same ward has changed or for any error or an omission in the entry relevant to him." xv. Rules 27 to 29 pertain to the correction of the entries. xvi. Rules 30 and 31 provides the appellate mechanism against the orders passed in Rule 29. xvii. Rule 32 provides for the preparation of the fresh electors'' roll. Rule 32 reads as under:- "32. Rules 27 to 29 pertain to the correction of the entries. xvi. Rules 30 and 31 provides the appellate mechanism against the orders passed in Rule 29. xvii. Rule 32 provides for the preparation of the fresh electors'' roll. Rule 32 reads as under:- "32. Fresh preparation of electoral rolls.- The Administrator may, if it considers it expedient, direct the preparation of electoral roll afresh for a ward or part of the ward before a by-election or election and the rules 4 to 22 shall apply and the electoral roll or electoral rolls already in force shall cease on the final publication of the fresh electoral roll or electoral rolls." 4. Reliance is placed on the judgment of the Coordinate Bench of this court in WP(C) 4166/2011 titled as "Dashemsh Sewa Society and Anr. Vs. Lt. Governor of Delhi & Ors." and WP(C) 311/2012 titled as "Harmohan Singh vs. Lt. Governor of Delhi & Ors." dated 07.02.2012 and the judgment of the Division Bench in LPA No. 128/2012 titled as "Directorate of Gurdwara Elections & Ors. Vs. Dashmesh Sewa Society (Regd.) & Ors" dated 01.03.2012 and also the judgment of the Supreme Court in SLP (C) No. 8464/2012 titled as "Dashmesh Sewa Society (Regd.) & Anr. Vs. DIR. Directorate of Gurdwara Elect. & Ors." dated 17.09.2012. It is stated that despite the aforesaid directions, the respondents failed to carry out the exercise of preparation of fresh electoral rolls due to which a contempt petition being CONMT.PET.(C) No.148/2016 was filed in SLP No. 8464/2012 before the Supreme Court. The same was disposed of on 04.04.2016 whereby liberty was given to the petitioner to approach this court. W.P.(C) 4155/2016 was filed before this court which was disposed of on 31.05.2016 on the basis of a statement given by the respondents to the effect that the said exercise was not done due to paucity of staff and further, that the said exercise would be completed by 31.12.2016 well before the commencement of the process of elections in the month of January 2017. Hence, it is prayed that the respondents/applicant herein have been all along under contempt of various orders and their contemptuous act can be ascertained from the fact that they have gone to the extent of changing the officers who have been held personally liable for completing the procedure. It is prayed that this application be dismissed. 5. Hence, it is prayed that the respondents/applicant herein have been all along under contempt of various orders and their contemptuous act can be ascertained from the fact that they have gone to the extent of changing the officers who have been held personally liable for completing the procedure. It is prayed that this application be dismissed. 5. I may note that while hearing the present application another writ petition came up for hearing being W.P.(C) No. 6401/2020 titled as S. Rajinder Singh & Anr. vs. Directorate of Gurudwara Elections (Through Director) and Ors. It is prayed that this application be dismissed. 5. I may note that while hearing the present application another writ petition came up for hearing being W.P.(C) No. 6401/2020 titled as S. Rajinder Singh & Anr. vs. Directorate of Gurudwara Elections (Through Director) and Ors. This writ petition is filed seeking the following reliefs:- "A. to direct the Respondents to verify and identify each of the Sikh voters of Delhi after inviting their latest uptodate Undertakings in terms of the Section 2(n) of Delhi Sikh Gurdwara Act, 1971, B. to direct the respondents to ensure that nobody be allowed to remain in the Electors'' Rolls of all the 46 wards who have incurred the disqualifications/prohibitions under Section 8 of the Delhi Sikh Gurdwara Act, 1971, C. to direct the Respondents to identify "Patits" and remove their names from Electors'' Rolls of all the 46 wards as per the provisions of Delhi Sikh Gurdwara Act, 1971, D. to direct the Respondents to forthwith initiate and complete the work of preparation of fresh electoral rolls for all the 46 Gurudwara Wards in terms of Rule 32 read with Rules 4 and 7 of the Delhi Sikh Gurdwara Management Committee (Registration of Electors) Rules 1973 as amended with Notifications dated 28.07.2010 and 12.03.2015, with special photo voter identity cards prepared for all the sikh voters after the verification of the said voters in terms of Section 2 (n) and 2 (o) of the Delhi Sikh Gurdwara Act 1971 and to carry out the consequential exercise of delimitation ; AND E. to further direct the Respondents to set the election into motion and to hold the coming elections of the Delhi Sikh Gurdwara Management Committee , only on the basis of the, fresh electoral rolls with photographs strictly in accordance with the Delhi Sikh Gurdwara Act , and the Delhi Sikh Gurdwara Management Committee (Registration of Electors) Rules 1973, and in obedience to the Judgments/ Orders/ Directions passed, this Hon''ble Court and the Hon''ble Supreme Court of India from time to time; F. to further direct the Respondents to conduct the delimitation exercise on the basis of the freshly prepared Electors'' Rolls for all the 46 wards in Delhi as per the provisions contained in Delhi Sikh Gurdwara Act, 1971 and the Rules framed thereunder," 6. In W.P.(C) 6401/2020 the petitioners are said to be members of the Sikh Minority community residing in Delhi. In W.P.(C) 6401/2020 the petitioners are said to be members of the Sikh Minority community residing in Delhi. Petitioner No.1 contested the last Delhi Sikh Gurdwara Elections but lost by 18 votes. Petitioner No.2 won from Sham Nagar ward where only 27 per cent votes were said to have been casted. The said petitioners have been heard, inasmuch as, they have vehemently opposed the present application filed by Government of NCT of Delhi. It has been pointed out in the writ petition that the Delhi Sikh Gurudwara Act, 1971 was enacted by the Parliament for looking after the Gurdwaras and their properties and affairs in Delhi. It came into effect from 07.04.1972. Rules were framed under Section 39 of the Act being the Delhi Sikh Gurdwara Management Committee (Registration of Electors) Rules, 1973 which came into effect from 21.01.1973. The Delhi Sikh Gurdwara Management Committee (Election of Members) Rule, 1974 were also published and came into force from 09.01.1974. Reliance is placed on Section 2(n) of the Act of 1971 to claim that a Sikh has to necessarily and mandatorily give an undertaking regarding his status. Relying on the statutory provisions, it has been stated that preparation of fresh electoral rolls is required to be implemented by the statutory authority before each general elections for the post of Delhi Sikh Gurdwara Management Committee. It is necessary for the statutory authorities to identify the voters strictly in compliance of the statutory provisions and to eliminate those voters who fall in the aforesaid prohibited category. It is further pleaded that admittedly the statutory authorities have not prepared a fresh electoral list for the elections of the said Delhi Sikh Gurdwara Management Committee after 1983 in spite of a lapse of 37 long years. There has been a complete change in the demographic scenario in Delhi with respect to the Sikh population especially on account of the 1984 riots. 7. It is further pointed out that various litigations have taken place in this regard earlier also details of which are as follows:- I. Judgment dated 07.02.2012 passed by this court in W.P. (C) No.4166/2011 and W.P. (C) No. 311/2012. Directions were given in paragraphs 24 to 26 restraining the respondents from notifying or conducting the elections in the absence of completion of preparation of electoral rolls. II. Directions were given in paragraphs 24 to 26 restraining the respondents from notifying or conducting the elections in the absence of completion of preparation of electoral rolls. II. Judgment dated 01.03.2012 passed by the Division Bench of this court in L.P.A. No. 128/2012 which was filed against the order of the Co-ordinate Bench dated 07.02.2012. The Division Bench directed that the work of delimitation/preparation of fresh electoral rolls shall be undertaken immediately after the elections and ought to be completed well in time so that such a situation does not occur when the next elections become due. III. In S.L.P. No.8464/2012 which was filed in the Supreme Court against the judgment of the Division Bench of this court dated 01.03.2012 where the Supreme Court reiterated that the exercise may be undertaken after the general elections and should be completed as early as possible and in no case, later than 9 months from the date of declaration of the result of the above elections. IV. As the respondent did not take steps in terms of the order of the Supreme Court, a contempt petition being CONMT.PET.(C)148/2016 was filed in the Supreme Court. Vide order dated 04.04.2016, liberty was given to the petitioner of the contempt petition to approach this court in case the grievances are not addressed. V. Pursuant to the order of the Supreme Court in the contempt petition, W.P. (C) No. 4155/2016 was filed before this court which was disposed of on 31.05.2016 on the basis of the statements given by the respondents that the exercise was not done due to paucity of staff and that the same would be completed by 31.12.2016. Despite some other proceedings, the respondents did not comply with the mandate of this court and of the Supreme Court and thereafter, W.P. (C) No. 10685/2017 and W.P. (C) No.10690/2017 were filed seeking the same reliefs. 8. Hence, it is pleaded that despite several directions to prepare a fresh electoral list, the respondents have failed to do the needful. 9. It is further pleaded that even according to the Government of NCT of Delhi, there are around 40% voters in the electoral list for the Delhi Sikh Gurdwara Management Committee whose names and photographs have not been entered in the electoral list in accordance with the amendments. 10. 9. It is further pleaded that even according to the Government of NCT of Delhi, there are around 40% voters in the electoral list for the Delhi Sikh Gurdwara Management Committee whose names and photographs have not been entered in the electoral list in accordance with the amendments. 10. It is stated that the problem arose when the respondents issued an office order dated 14.08.2020 where again they have initiated the process of resorting to revision of the electoral rolls instead of adhering to their statements made before this court for preparation of a fresh electoral list. It is claimed that the said exercise is being carried out in collusion with the major parties for debarring genuine Sikh religious voters from getting their true religious character in the body of the Delhi Sikh Gurdwara Management Committee. Hence the writ petition/present objections. 11. I have heard learned counsel for the parties. 12. Learned counsel appearing for the Directorate of Gurdwara Elections has submitted as follows:- (i) He has pointed out that for carrying out fresh electoral rolls, a scrutiny of about 5 lakhs voters would have to be done and such an exercise would take at least about 10 months. As far as revision of the electoral rolls is concerned, at best, it would require a scrutiny of about 1 lakh voters and the exercise can be completed within six months. He states that the elections have to be held before 15.03.2021 as elections are held every four year. (ii) It is further pleaded that the Govt. of NCT of Delhi has no issues and is willing to carry out preparation of fresh electoral rolls or to revise the existing electoral rolls as this court may direct. (iii) It is pleaded that in case this court were to direct preparation of fresh electoral rolls, the respondents would take a period of 10 months to do the needful and the elections would not be held before 30.03.2021 when the term of the present Committee expires. (iv) It is pleaded that revision of electoral rolls was also something that was accepted by the Division Bench in its judgment dated 01.03.2012 in LPA No. 128/2012 titled as "Directorate of Gurdwara Elections & Ors. Vs. Dashmesh Sewa Society (Regd.) & Ors.". (iv) It is pleaded that revision of electoral rolls was also something that was accepted by the Division Bench in its judgment dated 01.03.2012 in LPA No. 128/2012 titled as "Directorate of Gurdwara Elections & Ors. Vs. Dashmesh Sewa Society (Regd.) & Ors.". (v) Learned counsel also pointed out to a meeting held on 30.07.2020 where the warring factions were present, and it was unanimously agreed that the elections to the Delhi Sikh Gurdwara Management Committee should be held in time and in accordance with the Act and the Rules. It was agreed that by January 2021 it would not be possible to prepare fresh photo electoral rolls, hence the Directorate of Gurdwara Elections would initiate the process of revision of electoral rolls. 13. Leaned counsel appearing for the petitioner has stressed that the present writ petition was filed with a prayer that the respondent be directed to prepare fresh electoral rolls. It is stated that the period of 4 years is sacrosanct. It is stated that however, the petitioners have no objection for preparation of revised electoral rolls and do not wish to delay holding of the elections. There has been a strenuous opposition to the re-verification of the electoral rolls and continued insistence on preparation of fresh electoral rolls as the intent and motive of Shiromani Akali Dal (Delhi State) is to delay the elections and not conduct the elections on time i.e. in March 2021. It is stated that the persons who are elected members of the Management Committee have a vested interest in delaying holding of the elections 14. Learned senior counsel appearing for Shiromani Akali Dal (Delhi State) who has also filed objections to the present application has strongly opposed the present application. He has reiterated the contentions raised in the objections/CM No. 21540/2020 and has reiterated the following pleas:- (i) That the last time when the fresh electoral rolls were made was in 1983. In 2010, the LG had approved preparation of fresh electoral rolls, but nothing has been done so far. Reliance is placed on the orders of the Division Bench dated 01.03.2012 and orders of the Supreme Court in SLP dated 17.09.2012 to plead that the direction of the court was to prepare fresh electoral rolls immediately which have to be carried out. Reliance is placed on the orders of the Division Bench dated 01.03.2012 and orders of the Supreme Court in SLP dated 17.09.2012 to plead that the direction of the court was to prepare fresh electoral rolls immediately which have to be carried out. (ii) It is further pleaded that the petitioner had filed writ petition No.10690/2017 immediately after the last elections seeking directions for preparation of fresh electoral rolls which for one reason or the other, the respondents have failed to carry out 15. Learned counsel appearing for the petitioners in W.P.(C) 6401/2020 has largely repeated the contentions raised above by the learned senior counsel for Shiromani Akali Dal (Delhi State). He has repeated most of the contentions as noted above in the writ petition. He has also made the following submission:- (i) Till now, no elections have been concluded on time. There is no issue in case the fresh elections are delayed so that proper electoral rolls are prepared. It is stated that even in 2017, the elections overshot by a period of 2-1/2 months. (ii) It is stressed relying upon Section 5(3) of the Act of 1971 that till fresh elections are not held, the earlier Committee will continue. There can be no problem in continuation of the earlier Committee so that fresh electoral rolls are made. (iii) It is stressed that revision of electoral roll can be completed speedily. This will ensure that only genuine Sikh voters vote in the elections. 16. I may first look at the statutory scheme of the Delhi Sikh Gurdwaras Act, 1971. Under Section 3 of the Act, there shall be established a Committee to be called the Delhi Sikh Gurdwara Management Committee for the proper management and control of the Gurdwaras and Gurdwara properties. The Committee is a body corporate. The Committee is to consist of forty-six members to be elected from various wards into which Delhi is to be divided. Nine members are to be co-opted by the elected members of the Committee. Under Section 5 of the Act, the term of office of a member of the Committee is four years and shall commence from the date on which the first meeting of the Committee is held under Section 15 of the Act. Section 7 states that an electoral roll has to be prepared in such a manner as may be prescribed by the rules for every ward. Section 7 states that an electoral roll has to be prepared in such a manner as may be prescribed by the rules for every ward. Section 8 provides eligibility to be a voter. 17. The procedure for carrying out fresh electoral rolls/revision of electoral rolls is stated in the Delhi Sikh Gurdwara Management Committee (Registration of Electors) Rules 1973. Under Rule 23, the electoral roll for the ward shall come into force immediately upon its final publication and shall remain in force for a period until the final publication of a subsequent electoral roll for the ward. Rule 26 of the Rules deals with revision of electoral rolls and Rule 27 to 29 deals with correction of entries in electoral rolls. Rule 30 deals with preparation of fresh electoral rolls. 18. The last election for the Committee took place in 2017. As per the present application, the new committee has to be in place before 30.03.2021. As per the objections, it should be in place by 29.03.2021. Hence, the elections have to be held before 15.03.2021. 19. The whole issue revolves around as to whether the respondent, namely, the Directorate of Gurdwara Elections should before conducting elections this time prepare fresh electoral rolls or revise the old electoral rolls. As per the application, about 1 lakh voters would have to be contacted in case the electoral rolls are revised. However, if fresh electoral rolls are to be compiled, then approximately 4 to 5 lakhs voters would have to be contacted. It has been stated that in case fresh electoral rolls are to be compiled, a period of ten months would be taken and the elections cannot be held by 30.03.2021 when the term of the present Committee expires. 20. Much stress has been laid by the objectors on the various judicial orders that have been passed earlier by different courts, all of which have mandated the respondent/applicant to take immediate and urgent steps for preparation of fresh electoral rolls. 21. In this context, reference may be had to some of the said orders. On 01.03.2012, the Division Bench of this court in LPA 128/2012 passed the following directions:- "20. The process of delimitation and of preparation of fresh electoral rolls is undoubtedly a lengthy process and no error can be found in the Lieutenant Governor subsequently deciding to give more weightage to the holding of elections. On 01.03.2012, the Division Bench of this court in LPA 128/2012 passed the following directions:- "20. The process of delimitation and of preparation of fresh electoral rolls is undoubtedly a lengthy process and no error can be found in the Lieutenant Governor subsequently deciding to give more weightage to the holding of elections. As aforesaid, the Act expressly contains a prohibition against the elected members continuing beyond the terms of four years. Moreover, the Rules having sufficiently provided as aforesaid for the existing electoral rolls and wards to continue till fixation of fresh one, there is no reason for this Court to interfere in the decision of the Lieutenant Governor and which is in consonance with the Act and the Rules, howsoever, laudable the reasons which prevailed with the learned Single Judge. 21. We have also satisfied ourselves that the decision to merge the new electoral rolls with the old one is in the spirit of the Rules. It may be noticed that even after the elections are announced, the draft electoral rolls are published and objections invited there against. We are satisfied that the process of merger is to enable any new voters in the ward to get enrolled and which they would have been entitled to even after publication of the existing electoral rolls of the year 2006 as draft electoral rolls. 22. We therefore allow these appeals, set aside the judgment of the learned Single Judge and dismiss the writ petitions. It is however clarified that the work of delimitation and/or preparation of fresh electoral rolls if found to be necessary shall be undertaken immediately after the elections and ought be completed well in time so that such a situation does not occur when the next elections become due. The appellants shall how be entitled to fix a fresh schedule for the general elections to the post of members of DSGMC." 22. The Supreme Court in the appeal against the aforenoted order, namely, in SLP No.8464/2012 vide its order dated 17.09.2012 held as follows:- "5. As regards the working of de-limitation and preparation of electoral rolls, if found to be necessary, it is directed that this exercise may be undertaken after the above general elections and shall be completed as early as may be possible and in no case later than nine months from the date of declaration of result of above general elections." 23. As regards the working of de-limitation and preparation of electoral rolls, if found to be necessary, it is directed that this exercise may be undertaken after the above general elections and shall be completed as early as may be possible and in no case later than nine months from the date of declaration of result of above general elections." 23. Hence, the Supreme Court upheld the orders of the Division Bench but directed that the exercise of preparation of electoral rolls should be undertaken after the elections which shall be completed as early as possible. 24. No doubt the respondents/applicant is in default of the aforesaid directions. However, it is the stand of the applicant that they are ready and willing to abide by the aforesaid directions except that they need some time in case this court were of the view that fresh electoral rolls should be prepared. It is stated that in that eventuality, the term of the present Committee would have to be extended as the elections cannot be held before 30.03.2021. 25. Ordinarily, this court would have insisted that the respondents/Government of NCT of Delhi/Directorate of Gurdwara Elections is bound to comply with the aforesaid directions of the Division Bench of this court and of the Supreme Court dated 01.03.2012 and 17.09.2012 respectively. In fact, it is the own case of the respondents that they were geared to fully comply with the aforesaid directions and carry out preparation of fresh electoral rolls except that the pandemic has created an impediment and caused disruption in the entire working schedule. 26. I cannot help noticing that according to the applicant in case fresh electoral rolls are to be prepared, the same would take a period of ten months. The same is also subject to timely posting of officers and subordinate staff by the service department. It is also stated that initially, it was planned that fresh electoral rolls would be prepared and completed by 31.01.2021. The timeline got disturbed due to intervention of the present Pandemic that has had an effect of stalling the normal functioning for a considerable period of time. Staff was in short supply and number of officers who are posted were unable to join as they had not been relieved from the their duties. 460 subordinates staff is required which has not yet been posted in the Directorate by the service department. Staff was in short supply and number of officers who are posted were unable to join as they had not been relieved from the their duties. 460 subordinates staff is required which has not yet been posted in the Directorate by the service department. Large numbers of subordinate staff is posted on emergent duty for Covid-19. It is also stated that there are approximately 4 to 5 lakhs voters in Delhi and a door to door survey will have to be conducted, which is difficult and unsafe considering the present Pandemic. 27. In my opinion, there is no dispute that the respondent ought to have commenced the process of revision of electoral rolls in terms of the orders of the Division Bench of this court and of the Supreme Court much earlier. However, to insist at this stage in the given facts and circumstances that it must carry out the preparation of fresh electoral rolls irrespective of the consequences, in my opinion, is an argument that cannot be accepted. The preparation of the fresh electoral rolls is a tedious task which would needlessly expose staff members of the respondent to the hazards of the present Pandemic. 28. I may only note that the objectors have strenuously urged that the respondent is bound to prepare fresh electoral rolls in view of the directions passed earlier by the Division Bench on 01.03.2012 and by the Supreme Court on 17.09.2012. The plea, in my opinion, is misplaced. I cannot help noticing that despite the aforesaid directions, elections did take place in 2017 based on revision of electoral rolls. That apart, it is an admitted fact that for the last 37 years, elections have been held based on revision of electoral rolls. In these peculiar facts and circumstances and keeping into account the present pandemic situation, in my opinion, preparation of fresh electoral rolls can be postponed till the pandemic settles down. It would be appropriate that the elections are held based on revised electoral rolls. 29. Much stress was laid by the learned senior counsel/learned counsel for the objectors on the fact that while carrying out preparation of fresh electoral rolls, the correct voters who are eligible as per the 1971 Act can be properly identified in terms of the definition of a ''Sikh'' as given in Section 2(n) of the Act. 30. The above plea of the objectors is misplaced. 30. The above plea of the objectors is misplaced. As already noted above, the Division Bench in its order dated 01.03.2012 in LPA No. 128/2012 had rejected a similar plea noting as follows:- "21. We have also satisfied ourselves that the decision to merge the new electoral rolls with the old one is in the spirit of the Rules. It may be noticed that even after the elections are announced, the draft electoral rolls are published and objections invited there against. We are satisfied that the process of merger is to enable any new voters in the ward to get enrolled and which they would have been entitled to even after publication of the existing electoral rolls of the year 2006 as draft electoral rolls." In view of the above legal position, the plea of the objectors to the above effect is without merit. 31. I also cannot help noticing that the Election Officer had held a meeting on 30.07.2020 where all the affected parties including the representatives of Shiromani Akali Dal (Delhi State) were present. No doubt, the objectors have disputed the minutes of the said meeting stating that they were not prepared at that time. In the said meeting, the Election Officer had pointed out that the Directorate of Gurdwara Elections is initiating the process of revision of electoral rolls. The meeting concluded as follows:- "The representatives of both the parties and DSGMC were satisfied with the above process and have suggested for physical verification of the unmatched data of Sikh voters received back from the office of CEO, Delhi. The Director (GE) stated that the physical verification of unmatched data of Sikh electors received from CEO office will be done during the process of revision of electoral rolls. The representatives have stated that during the last elections some Polling Stations were not set up in the vicinity of a particu4ar Ward. The Director(GE) stated that necessary directions will be issued to the concerned Returning Officers to set up the Polling Stations in the vicinity of that particular Ward. The representatives of Shiromani Akali Dal (Delhi State) and DSGMC have stated that the process of delimitation can be done once the electoral rolls is complete and the number of voters in a particular ward is ascertained, for maintaining average number of voters in a Gurdwara ward. The representatives of Shiromani Akali Dal (Delhi State) and DSGMC have stated that the process of delimitation can be done once the electoral rolls is complete and the number of voters in a particular ward is ascertained, for maintaining average number of voters in a Gurdwara ward. Shri Prabhjit Sarna, Shiromani Akali Dal Delhi has further stated that he will file a detailed fresh representation on the anomalies in the Delimitation of Gurdwara Wards. The Director (GE) stated that after obtaining the comments of the DSGMC on the representation appropriate action on the anomalies would be taken. All the members are unanimously of the view that the elections of the Delhi Sikh Gurdwara Management Committee should be held in time in accordance with the Delhi Sikh Gurdwara Act, 1971 and the Rules framed thereunder." 32. Clearly, one of the strong objectors to the present proposal for revision of electoral rolls, namely, Shiromani Akali Dal (Delhi State) had given its consent in the said meeting for revision of the electoral rolls. In the peculiar facts and circumstances of this case, I accept the present application of the respondents and permit the Election Officer/respondents to carry out revision of the electoral rolls and carry out the necessary elections to the Committee in question. The aforesaid direction is passed without prejudice to the rights and submission of the objectors and of the petitioner to the effect that once the elections are completed this time, the Government of NCT of Delhi shall ensure that fresh electoral rolls are prepared much in advance prior to the next elections. 33. The application stands disposed of as above.