Punjab-Haryana High Court
Major Singh vs Shiromani Gurudwara Parbandhak ... on 25 February, 2011
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.3415 of 2011
Date of Decision : February 25, 2011.
Major Singh .....Petitioner
versus
Shiromani Gurudwara Parbandhak Committee and others ....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.Apanjyot Singh Virk, Advocate, for the petitioner.
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1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Surya Kant, J. (Oral)
The petitioner seeks a mandamus to direct the respondent- Shiromani Gurdwara Parbandhak Committee (for short 'the SGPC') to fill up four vacancies of the members of Gurudwara Sahib Patshahi Navi, Village & Post Office Dhilwan (Nabha), Tehsil Tappa, District Barnala.
It is averred that in the election of the Managing Committee of the Gurudwara Sahib held in the year 2003, four members were elected while the fifth member was nominated by the SGPC, out of whom two have resigned and two members were ordered to be removed by the Sikh Gurudwara Judicial Commission. Only one member-respondent No.2 is left who is managing the affairs of the Gurudwara all along. The petitioner alleges that besides the fact that the funds of the Gurudwara are being C.W.P.No.3415 of 2011 2 misappropriated/embezzled, a Single Member Committee is otherwise incompetent to run the affairs of the Gurudwara. The petitioner has further alleged that despite his representations like dated 3.12.2010 and 5.1.2011 (Annexures P-5 & P-6, respectively), nothing has been done in the matter.
Having heard learned counsel for the petitioner and considering the nature of relief sought in this writ petition, however, without expressing any views on the allegations made against respondent No.2 as the said respondent has not been heard at this stage, I deem it appropriate to dispose of this writ petition with a direction to respondent No.1-SGPC to take immediate action in accordance with law/rules to fill up the four vacancies of the members of the Gurudwara Sahib Patshahi Navi (respondent No.3), within a period of three months from the date of receiving a certified copy of this order.
Ordered accordingly.
Dasti.
February 25, 2011 (SURYA KANT) Mohinder JUDGE