Delhi High Court - Orders
Shiromani Akali Dal Delhi & Anr vs Directorate, Gurdwara Elections, Govt ... on 15 September, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~147 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10293/2021
SHIROMANI AKALI DAL DELHI & ANR. ..... Petitioners
Through: Mr. Saurabh Kirpal, Sr. Advocate
with Mr. Anunaya Mehta, Mr.
Rishabh Kapur and Mr. Vinayak
Thakur, Advocates
versus
DIRECTORATE, GURDWARA ELECTIONS,
GOVT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Satyakam, ASC, GNCTD for
R-1 and R-3.
Mr. Harish Malhotra, Sr. Advocate
with Mr. Abhinash Kr. Mishra,
Advocates for R-2, R-5 and SGPC.
Mr. Tushar Mehta, SG with Mr.
Chetan Sharma, ASG, Mr. Amit
Mahajan, CGSC, Mr. Amit Gupta,
Mr. Vinay Yadav, Mr. R. V.
Prabhat, Mr. Sahaj Garg,
Advocates for R-4.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 15.09.2021 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].
CM APPL. 31690/2021 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 10293/2021 with CM APPL. 31691/2021 (for interim relief)
1. Issue notice. Mr. Satyakam, learned counsel, accepts notice on behalf of the respondent nos. 1 and 3. Mr. Abhinash Kumar Mishra, Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:16.09.2021 14:11:11 W.P.(C) 10293/2021 Page 1 of 3 learned counsel, accepts notice on behalf of respondent nos. 2 and 5. Mr. Amit Mahajan, learned counsel, accepts notice on behalf of respondent no. 4.
2. The writ petition concerns the nomination of the respondent no.5/Mr. Manjinder Singh Sirsa, as a member of the respondent no.2/Delhi Sikh Gurdwara Management Committee ["DSGMC"] by the Shiromani Gurdwara Parbhandhak Committee ["SGPC"], purportedly under Section 4(b) (iii) of the Delhi Sikh Gurdwaras Act, 1971 ["the Act"].
3. The petitioner no.2 filed a representation before The Director, Gurdwara Elections, Directorate of Gurdwara Elections, Government of NCT of Delhi ["the Director"] challenging the nomination of the respondent no. 5, both on procedural grounds and on the ground that he is disqualified from membership of the DSGMC.
4. The Director responded to the representation of the petitioner no.2 by a communication dated 13.09.2021 which states as follows:-
"There seems no such legal provision available in the abovesaid Act and Rules framed thereunder, whereby the Director can seek or address any objection raised against any of the Head priest of any Akal Takhat or against the nominee of the Shiromani Gurudwara Parbandhak Committee."
5. As far as the qualifications of co-opted members are concerned, Rule 3(ii) of the Delhi Sikh Gurdwara Management Committee (Co- Option of Members) Rules, 1974 provides that the co-opted members would be subject to the qualifications laid down in Section 10 of the Act.
Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:16.09.2021 14:11:11 W.P.(C) 10293/2021 Page 2 of 3The power to conduct an enquiry as to this issue is vested with the Director.
6. To this extent, Mr. Satyakam, learned Additional Standing Counsel for the GNCTD, who appears on behalf of the Director, accepts that the view taken in the communication dated 13.09.2021 is erroneous. The Director is directed to take a decision upon the representation of the petitioners dated 09.09.2021, insofar as it relates to the qualifications for membership prescribed under Section 10 of the Act. Mr. Satyakam states that the petitioners and the respondent no.5 will be given a personal hearing by the Director and a decision will be taken by 21.09.2021, as the next meeting of the DSGMC is scheduled only thereafter.
7. The respondents are directed to file their counter affidavits within two weeks. The decision of the Director will be placed before the Court in the counter affidavit to be filed.
8. List on 08.10.2021.
PRATEEK JALAN, J SEPTEMBER 15, 2021 „j‟ Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:16.09.2021 14:11:11 W.P.(C) 10293/2021 Page 3 of 3