Delhi High Court - Orders
Shiromani Akali Dal Delhi & Anr vs Directorate, Gurdwara Elections, Govt ... on 9 December, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~18, 19 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10293/2021 with CM APPL. 31691/2021
SHIROMANI AKALI DAL DELHI & ANR. ..... Petitioners
Through: Mr. Saurabh Kirpal, Senior
Advocate with Ms. Tanima Gaur,
Advocates (Mobile No.
8800533444).
versus
DIRECTORATE, GURDWARA ELECTIONS,
GOVT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Satyakam, ASC, GNCTD with
Ms. Swarnika Singh and Mr, KP
Gori, Advocates (Mobile No.
9868219633) for R-1, R-3 and R-4.
Mr. Harish Malhotra, Senior
Advocate and Mr. Abinash K
Mishra, Advocates for R-2 and R-5
19.
+ W.P.(C) 10798/2021 with CM APPL. 33372/2021, CM APPL.
35883/2021 & CM APPL. 44190/2021
SHIROMANI GURDWARA PRABANDHAK
COMMITTEE & ANR. ..... Petitioners
Through: Mr. Saurabh Kirpal, Senior
Advocate with Ms. Tanima Gaur,
Advocates (Mobile No.
8800533444).
Mr. A S Chandhiok, Senior
Advocate with Mr. Abinash K
Mishra, Advocates for P-1.
Mr. Harish Malhotra and Mr
Abinash K Mishra, Advocates for
P-2
versus
Signature Not Verified
Digitally signed By:SHITU
NAGPAL
Signing Date:10.12.2021
20:39:27 W.P.(C) 10293/2021& connected matter Page 1 of 3
DIRECTORATE OF GURDWARA
ELECTIONS AND ORS ..... Respondents
Through: Mr. Satyakam, ASC, GNCTD with
Ms. Swarnika Singh and Mr, KP
Gori, Advocates (Mobile No.
9868219633) for R-1, R-2 and R-3.
Mr. Jagmohan Singh and Mr. Anil
Malik, Advocates
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 09.12.2021 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].
1. These two writ petitions concern the nomination of Mr. Manjinder Singh Sirsa (respondent No.5 in W.P.(C) 10293/2021 and petitioner No.2 in W.P.(C) 10798/2021) by the Shiromani Gurdwara Parbandhak Committee ["SGPC"] as a co-opted member of the Delhi Sikh Gurudwara Management Committee ["DSGMC"].
2. The challenge in W.P.(C) 10293/2021 was to a communication dated 13.09.2021, issued by the of the Director, Gurdwara Elections, Directorate of Gurdwara Elections, Government of NCT of Delhi ["the Director"] holding that there was no provision for the Director to address the representation of the petitioner's therein with regard to the qualifications of Mr. Sirsa.
3. During the pendency of the petition, pursuant to an order dated 15.09.2021, the Director considered the matter afresh, and passed an order dated 21.09.2021 holding that Mr. Sirsa was not qualified to be a member of the DSGMC. The aforesaid order was challenged by SGPC Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:10.12.2021 20:39:27 W.P.(C) 10293/2021& connected matter Page 2 of 3 and Mr. Sirsa by way of W.P.(C) 10798/2021. By virtue of the order dated 22.10.2021, certain interim arrangements were made.
4. In the meanwhile, it transpires that Mr. Sirsa does not intend to accept the nomination to the membership of DSGMC.
5. It is stated by learned counsel appearing for Mr. Sirsa that he does not intend to accept the nomination in the present session. In this view of the matter, it appears to me that the adjudication of these petitions is now unnecessary, and only of academic interest.
6. Learned counsel of all sides are anxious that neither the order of the Director, nor the order of this Court ought to have any effect on their rights and contentions if a similar situation arises in future. It is therefore made clear that this Court has not adjudicated on any of the questions raised in these writ petitions, including as to the jurisdiction of the Director and the procedure therein by which the Director is required to exercise that jurisdiction, in case the nomination of a co-opted member is challenged. The findings contained in the impugned order dated 21.09.2021 against Mr. Sirsa will also not be regarded as binding in the event a similar question arises in future. The rights and contentions of all parties in this regard stand reserved.
7. The writ petitions, alongwith the pending applications, are disposed of with these observations. All interim orders stand vacated.
PRATEEK JALAN, J DECEMBER 9, 2021 'Bp' Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:10.12.2021 20:39:27 W.P.(C) 10293/2021& connected matter Page 3 of 3