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2021 DIGILAW 673 (JK)

Chaturveer Singh v. UT of J&K

2021-12-23

SANJEEV KUMAR

body2021
ORDER : 1. In both these petitions, a common question with regard to administration and management of Sikh Gurduwaras in the Union Territory of J&K, in particular, in district Srinagar, after the elected Prabandhak Committee has completed its tenure and there is no possibility of elections to the said committee being held in the recent future, has arisen. 2. The administration, superintendence and management of Sikh Gurduwaras and its property in J&K is regulated by the Jammu & Kashmir Sikh Gurduwaras & Religious Endowment Act of 1973 [“Act of 1973 for short”] and the Rules framed thereunder. Chapter III of the Act of 1973 deals with the Gurduwara Prabhandhak Committee, which, in terms of section 10 of the Act of 1973, is to be established in one or more districts in the manner as may be prescribed by the Rules framed under the Act of 1973. In terms of section 13 of the Act of 1973, the members of the Gurduwara Prabhandhak Committee are to hold office for five years from the date of its constitution. However, the Government, in exercise of powers conferred upon it by section 19 of the Act of 1973 has framed the Jammu & Kashmir Sikh Gurduwaras & Religious Endowment Rules of 1975 [“Rules of 1975 for short”], which make provisions to carry out the purposes of the Act of 1973. However, the Government, in exercise of powers conferred upon it by section 19 of the Act of 1973 has framed the Jammu & Kashmir Sikh Gurduwaras & Religious Endowment Rules of 1975 [“Rules of 1975 for short”], which make provisions to carry out the purposes of the Act of 1973. Rules 63-B and 63-C of the Rules of 1975 are relevant in the context of controversy raised in these petitions and are, therefore, reproduced hereunder : “63-B. A Gurduwara Prabandhak Committee may be liable to be suspended/removed by the Board by a resolution and replaced by an ad hoc committee or Manager/Managers till the time a regular committee is elected if the Board is satisfied that the committee has failed to carry out its functions and responsibilities in accordance with the provisions of the Act and the Rules made thereunder and in particular when a committee fails to carry out the following functions and responsibilities, namely : - i) non compliance with Rules laid down with respect to the passing and submission of annual budget by 15th of March ; ii) non compliance with the requirements laid down in connections with the contribution to be made to the Board ; iii) gross/serious irregularities committed in the maintenance of the Gurduwara accounts, involving embezzlements, misappropriation of Gurduwara funds and property as reported by Audit Party ; iv) mismanagement of the Gurduwara properties and corrupt practices with regard to the renting out of Gurduwara buildings, shops, grounds, lands etc. ; v) non compliance with the instruction and directives etc. issued from time to time by the Provincial Board with respect to the maintenance and publishing etc. of accounts and general administration of Gurduwara affairs. ; v) non compliance with the instruction and directives etc. issued from time to time by the Provincial Board with respect to the maintenance and publishing etc. of accounts and general administration of Gurduwara affairs. 63-C. Notwithstanding anything to the contrary contained in these Rules, where the term of office of the members of any Committee has expired before holding elections and the Government is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to hold elections to any Committee in accordance with the provisions of the Act and these Rules, it may, by notification, nominate the members of the Committee and thereupon the provisions of the Act and these Rules shall apply to the members so nominated in the same manner as they apply to the members elected under the Act and these Rules : Provided that the term of office of members of the Committee so nominated shall not exceed one year unless the Government for reasons to be recorded in writing, considers it necessary to extend the term for further periods not exceeding one year at a time.” 3. As is apparent from a bare reading of section 63-B above, the Gurduwara Prabhandhak Committee is liable to be suspended/removed by the Board by a resolution and replaced by an ad hoc Committee or Manager/Managers till the time a regular Committee is elected provided the Gurduwara Prabhandhak Board is satisfied that the Committee has failed to carry out its functions and responsibilities in accordance with the provisions of the Act of 1973 and the Rules made thereunder. 4. Indisputably, the case set up in these petitions does not fall under section 63-B of the Rules of 1975. In the instant case, the election to the last Gurduwara Prabhandhak Committee, district Srinagar, were held on 08-07-2015 and the petitioners in WP(C) 1762/2021, who are also figuring as respondents 6 to 10 in WP (C) 1931/2021, were elected as its Office Bearers. The elected respondents aforesaid, therefore, completed their maximum term of five years on 07-07-2020. Ordinarily, with effect from 08-07-2020, the elected Office Bearers ought to have vacated their office, paving way for the new ones. The elected respondents aforesaid, therefore, completed their maximum term of five years on 07-07-2020. Ordinarily, with effect from 08-07-2020, the elected Office Bearers ought to have vacated their office, paving way for the new ones. However, as it transpires that the Government of J&K, vide SO No. 218 dated 13-07-2020, acting in exercise of powers conferred upon it by Rule 63-C supra, extended the term of Office Bearers elected in the year 2015 for a period of three months from the date their term had expired or till the elections to the committee were held under the Act of 1973 and the Rules framed thereunder, which ever was earlier. It is by the strength of this statutory order, issued by the Government, the petitioners of WP(C) 1762/2021 were allowed to continue for a period of three months beyond the expiry of their term. Even the period of three months expired on 06-10-2020. There is no order of the Government, placed on record by either side, to show that there has been any further extension in the term of Office Bearers elected in the year 2015. It is worthwhile to notice that the elected Office Bearers, whose extended term too had expired, came to this Court in WP(C) 1762/2021, seeking, inter alia, a writ of Certiorari for quashing the impugned Notification bearing No. ADC-S/PS/GPS/2021-22/1551-57 dated 03-09-2021, issued by the Deputy Commissioner, Srinagar, whereby the Office Bearers elected in the year 2015, who were on extension of three months, were removed in a No Confidence Motion and new Office Bearers were elected in their place. 5. On the writ petition coming up for consideration, this Court, after hearing both the sides, found the action of the Deputy Commissioner, Srinagar, contrary to the Act of 1973 and the Rules framed thereunder and, accordingly, while granting time to the respondents to file objections, stayed the effect and operation of the impugned notification dated 03-09-2021 aforesaid, whereby the new team of Office Bearers had been constituted. While this petition was pending, the 07 persons, claiming to be members of sikh community, challenged the SO No. 218 dated 13-07-2020, issued by the Government, on various grounds. 6. Both the petitions, involving virtually the same controversy, were clubbed and taken up for consideration together. 7. While this petition was pending, the 07 persons, claiming to be members of sikh community, challenged the SO No. 218 dated 13-07-2020, issued by the Government, on various grounds. 6. Both the petitions, involving virtually the same controversy, were clubbed and taken up for consideration together. 7. Having heard learned counsel for the parties and perused the material on record, I am of the considered opinion that the maximum term of the elected members of a Gurduwara Prabhandhak Committee, established u/s 10 of the Act of 1973, is five years from the date of constitution of such committee (see section 13). Rules 63-B, as noted above, does not have any application to the case on hand. Rule 63-C supra clearly provides that where the term of office of the members of any committee has expired before holding elections and the Government is satisfied, for the reasons to be recorded in writing, that it is not reasonably practicable to hold election to any committee in accordance with the provisions of the Act of 1973 and the Rules made thereunder, it may, by notification, nominate the members of committee for a period not exceeding one year. The committee so nominated, shall be governed by the provisions of the Act of 1973 and the Rules framed thereunder in the same manner as the elected members of the committee are governed. There is, however, a proviso appended to Rule 63-C of the Rules of 1975, which confers upon the Government power to extend the term of nominated committee for further period not exceeding one year at a time, but this is subject to the Government spelling out reasons to be recorded in writing for such extension. In a nutshell, Rule 63-C supra confers power on the Government to nominate a committee for administration and management of Sikh Gurduwaras in a district after the term of elected members of the committee has expired but the Government is required to record its satisfaction for the reasons to be recorded in writing that it is not reasonably practicable to hold election to any committee in accordance with the provisions of the Act of 1973 and the Rules made thereunder. The extension can go even beyond one year but again it is subject to the reasons to be recorded by the Government in writing. The extension can go even beyond one year but again it is subject to the reasons to be recorded by the Government in writing. There is further caveat in Rule 63-C that there should be no extension exceeding one year at a time. 8. Viewing the present controversy in the context of provisions of the Act of 1973 and the above quoted Rules, it is abundantly clear that the Government has only exercised the power of extension in terms of Rule 63-C of the Rules of 1975 by issuing SO No. 218 dated 13-07-202 and that too was for a period of three months from the date the term of the committee, elected in the year 2015, had expired. This order, on the face of it, is not sustainable for the simple reason that the Government has not recorded its satisfaction nor has it recorded any reason in writing as to why it was not reasonably practicable to hold elections to the committee in question. 9. In view of the above, as also since SO No. 218 dated 13-07-2020 has outlived its life, therefore, there is hardly any need for this Court to issue a writ of Certiorari to quash such non-existent order. Position that emerges is that there is no validly constituted/nominated Gurduwara Prabhandhak Committee in district Srinagar in existence as on date. The petitioners in WP(C) 1762/2021 are perhaps continuing in office because of the interim direction dated 20-09-2021 passed in the writ petition or may be in view of the interim order dated 17-07-2020 passed in WP(C) 1174/2020, titled Satindhar Singh and another versus Union Territory of J&K and others. 10. Be that as it may, in law, as can be culled out from the Act of 1973 and the Rules made thereunder, there is no elected/nominated Gurduwara Prabhandhak Committee in the district of Srinagar in existence and the petitioners in WP(C) 1762/2021 are, unauthorizedly, continuing in office. From the pleadings of both the writ petitions, it is crystal clear that there are allegations and counter allegations made against each other. The petitioners in WP(C) 1931/2021 have leveled the allegation of misappropriation of funds by the members of the committee elected in the year 2015, which is holding over even after the expiry of their term and extension granted to their term by the impugned notification. 11. The petitioners in WP(C) 1931/2021 have leveled the allegation of misappropriation of funds by the members of the committee elected in the year 2015, which is holding over even after the expiry of their term and extension granted to their term by the impugned notification. 11. Whatever be the dispute between the rival factions and without going into the genuineness and otherwise of the allegations leveled against each other, I deem it fit and also in the larger interest of better administration of Sikh Gurduwaras in the district of Srinagar to dispose of both these petitions by providing as under : a) That the impugned SO No. 218 dated 13-07-2020, issued by the Government, having outlived its life, is non-est in the eyes of law and, therefore, no writ of Certiorari would be required to quash the same. b) That the petitioners in WP(C) 1762/2021, who are also respondents 6 to 10 in WP(C) 1931/2021, are not legally entitled to continue in office beyond the term of five years, for which they were elected and at least beyond the expiry of three months after the expiry of their term in view of extension granted by Government. c) That the administration and management of Sikh Gurduwaras all over the Union Territory of J&K, in particular in district Srinagar, cannot be kept in limbo and, therefore, a constitution/nomination of Sikh Gurduwara Prabhandhak Committee, Srinagar, is inevitable. d) That with a view to run the day today administration and management of Sikh Gurduwaras of district Srinagar, the government shall come out with an appropriate notification in terms of Rule 63-C of the Rules of 1975, constituting/nominating suitable Gurduwara Prabhandhak Committee within a period of four weeks from today. e) That the Government shall ensure that neither the petitioners of WP(C) 1762/2021 nor the petitioners of WP(C) 1931/2021 are nominated to the aforesaid Prabhandhak Committee. It shall be advisable if the Government constitutes a committee of some independent persons having no affiliation with the rival factions litigating in the Courts of law and such persons are persons of high integrity. The Government shall do well to appoint some retired District & Sessions Judge or an officer, serving or retired, of the rank of not less than an Additional District Magistrate to head the committee. The Government shall do well to appoint some retired District & Sessions Judge or an officer, serving or retired, of the rank of not less than an Additional District Magistrate to head the committee. f) That all functions under the Act of 1973 and the Rules framed thereunder, shall be performed by the committee till the atmosphere is congenial and the elections to the Gurduwara Prabhandhak Committee are held in accordance with the provisions of the Act of 1973 and the Rules framed thereunder. g) That until such committee is appointed by the Government and it takes over the administration and management of the Sikh Gurduwaras of district Srinagar, the present dispensation shall continue.” 12. Writ petition are, accordingly, disposed of along with connected IAs.