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2. Facts :

Gurdwara Salochahal (Achal Sahib) excluding Shiwala Talab Kalan and Shiwala Bhandarian is a notified Sikh Gurdwara mentioned at Sr. No. 69 in Schedule I attached to ihe Sikh Gurdwaras Act, 1925. This Gurdwara is to be managed under the provisions of the Sikh Gurdwara Act. Govt. of Punjab issued notification in the year 1998 for holding elections to the committee of the management of this gurdwara. Petitioners Joginder Singh, Puran Singh and respondents Balbir Singh, Baldev Singh and Mohinder Singh were elected/nominated as members to the committee-of management under Section 87 of the Sikh Gurdwara Act. 1925. Four members are elected while one member is nominated by me Shiromani Gurdwara Parbandhak Committee. After the I. election and nomination, the State Govt. notifies them under Section 88 of the Sikh Gurdwara Act. Petitioners and respondents No. 1 to 3 were notified by the State Govt. under Section 88 of the Sikh Gurdwara Act to the committee of management of this gurdwara. After the constitution of committee of management, the General Secretary of SGPC is to call its first meeting for election to the office of the President and Vice President of the committee of management under Section 101 of "the Act. General Secretary of the Board i.e. SGPC vide letter No. 87/5909/6-Gur Salochahal dated 11.12.1999 called the meeting of the newly elected/nominated members for election of the President and the Vice President. Vide this letter, meeting was required to be held on 15.12.1999 at 10 AM in the premises of the gurdwara. Newly elected and nominated members were informed about the holding of the said meeting for the election of the President and the Vice President. One executive member of the Board namely Shri Pritam Singh Bhatia respondent No. 4 was also requested to be present. Respondent No. 5 Nirmal Singh/Inspector SGPC was also directed to be present. After the receipt of this letter, meeting was held on 15.12.1999 in the presence of all the elected and nominated members and in the presence of respondents No. 4 and 5 as well. In the said meeting, petitioners were elected as President and Vice President. Proceedings recorded in the proceedings book were signed by all the members, Pritam Singh Bhatia and Gurdwara Inspector i.e. respondents No. 4 and 5. Proceedings of the meeting were duly recorded which is Annexure P-4. Before the committee of management was elected and notified by the State Govt. gurdwara was being managed by Shri Dyal Singh who was appointed as receiver by the Commission.

4. Gurdwara Salochahal (Achal Sahib)excluding Shi-wala Talab Kalan and Shiwala Bhandarian is a notified Sikh Gurdwara mentioned at Serial No. 69 in the Schedule I attached to the Sikh Gurdwara Act, 1925. SGPC is the committee to manage of all such gurd-waras as are mentioned in Section 85 ofthe Sikh Gurd-waras Act, 1925. There are other two types of gurd-waras as mentioned in Section 87 of the Act. In respect of those gurdwaras, the annual income of which is less than Rs. 1 lac, SGPC is to nominate the committee of management. If income of gurdwara is more than Rs. 1 lac, the State Govt. is to hold election for electing the committee of management by constituting constituents. After elections, the State Govt. is to notify the duly elected committee of management under Section 88 of the Act. So far as income of this gurdwara is concerned, it is more than Rs. 1 lac and, therefore, the State Govt. ordered election for electing the committee of management of this gurdwara. This gurdwara was earlier under the control of the receiver appointed by the Sikh Gurdwara Judicial Commission. This receiver was committee of management. In October 1998, elections were held to the committee of management of this gurdwara. Petitioner No. 1 and respondents 1 to 3 were elected and notified by the State Govt. Petitioner No. 2 was nominated by the SGPC. Petitioner No. 2 belongs to scheduled caste. Under Section 87 of the Act, every committee shall consist of 5 members out of which one at least shall be a person belonging to the scheduled castes. This became the committee of management irrespective of nomination or election. Section 101 of the Act lays down that every committee shall at its first meeting, which shall be called by the General Secretary of the Board or any person specially authorised by him in this behalf, within 60 days of the constitution of the Committee, elect a member to be President and another member to be Vice President and each of the members so elected shall hold office during the continuance of the committee or until he resigns or ceases to be member of the committee. It was submitted by the learned counsel for the petitioner that in view of the provisions of Section 101 of the Act after the constitution of committee of management, the General Secretary of the SGPC Vide letter No. 87/5909/6-Gur Salochahal dated 11.12.1999 called the meeting of the newly elected/nominated members for the election of the President and Vice President.

Vide this letter the meeting was required to be held on 15.12.1999 at 10 AM in the premises of the gurdwara and the duly elected and nominated members were duly informed about the holding of the said meeting for the election of the President and the Vice President. One executive member of the SGPC Shri Pritam Singh Bhatia respondent No. 4 was requested to be present at the said meeting. Respondent No. 5 Nirmal Singh Inspector, SGPC was also directed to be present at the said meeting. After the receipt of this letter meeting was held on 15.12.1999 in the presence of all the elected and nominated members and also in the presence of respondents 4 and 5. It was submitted that petitioners 1 and 2 were duly elected as President and Vice President respectively of the committee of management of this gurdwara. It was submitted that proceedings recorded in the proceedings book were duly signed by all the members and Pritam Singh Bhatia and Nirmal Singh Inspector SGPC as well. Annexure P4 is the copy of the proceedings of that meeting. Before the committee of the management was elected and notified by the State Govt., this gurdwara was being managed by Sardar Dyal Singh who was receiver appointed by the Sikh Gurdwara Judicial Commission, Amritsar. After the holding of the elections and the election of the President and Vice President of the committee of management, the said receiver was to hand over charge to the newly elected office-bearers of the committee of management. It was submitted that Assistant Secretary of the SGPC wrote letter No. 87/7354 dated 29.1.2000 Annexure P-5 to the said receiver Dyal Singh to hand over charge to the petitioners No. 1 and 2 who were the President and Vice Presi-

In the Daily Punjabi Ajit Jalandhar dated 23.12.1999, a news item appeared (Annexure P-4) condemning the conduct of Inspector Nirmal Singh who had to go back on 15.12.1999 without holding elect ion to the office of President and Vice President of the committee of management of this gurdwara because of his partisan attitude and thereafter, the Sarpanches of 12 villages, Akali leaders and hundreds other respectables elected unanimously Baldev Singh as President, Captain Bal-kar Singh as Vice President and Mohinder Singh Ran-gar Nangal, Joginder Singh and Puran Singh as members to the committee of management and on that occasion Makhan Singh Pardhan Shiromani Akali Dal, Batala City and S.S. Malhi Pardhan, Batala Rural and others were present. It was submitted that the President of the SGPC got the inquiry conducted into the episode and it was found that the alleged proceedings of the meeting dated 15.12.1999 had been recorded in a fraudulent manner. It was submitted that the respondents Baldev singh, Balkar Singh and Mohinder Singh filed application under Section 142 of the Sikh Gurd-waras Act, 1925 whereby they prayed that Raldcv Singh and Balkar Singh be held to be duly elected President and Vice President respectively of the committee of management of this gurdwara and the alleged report dated 15.12.1999 of Pritam Singh Bhatia and Inspector Nirmal Singh, SGPC regarding the election of President and Vice President of the commitlee of management of the gurdwara showing Joginder Singh and Puran Singh to be President and Vice President be set aside and they (Joginder Singh and Puran Singh) be restrained form interfering forcibly and illegally into the affairs of the management of the gurdwara by Baldev Singh, Balkar Singh and Mohinder Singh, President, Vice President and member respectively of the committee of management of the said gurdwara and Joginder Singh and Puran Singh be directed to restrain themselves from interfering in the management of the affairs of the said gurdwara and Pritam Singh Bhatia be removed from the membership of the SGPC and Nirmal Singh be removed from the office of the SGPC and Pritam Singh Bhatia be disqualified for a period of 5 years from becoming member of the SGPC. It was submitted that this election petition was cognizable by the Judicial Commission under Section 142 of the Act and the Judicial Commission could pass any order by way of interim arrangement which was essential in the interest of justice. It was submitted that the Judicial Commission passed the order directing both the parties i.e. elected and nominated members to hold meeting for election of the office- bearers.