Excelsior Correspondent
JAMMU, Aug 17: In a petition filed by Satinder Singh and Joginder Singh challenging the order of Revenue Secretary whereby tenure of existing Gurdwara Prabandhak Committees has been extended by three months in view of the COVID-19 pandemic, Justice Ali Mohammad Magrey has directed the Deputy Commissioners to file compliance report regarding monitoring of exercise of powers by the committees in terms of the impugned notification by or before next date of hearing or appear in person.
The petitioners are aggrieved of the notification issued by the Principal Secretary to Government, Revenue Department dated 13th of July, 2020, in terms whereof, the Government in exercise of the powers conferred by Rule 63-C of the Jammu and Kashmir Sikh Gurdwaras and Religious Endowments Rules, 1975 and in suppression of all previous notifications issued on the subject, had directed that the members of District Gurdwara Prabandhak Committees of Shopian, Anantnag, Pulwama, Baramulla, Budgam, Kupwara, Srinagar and Jammu, elected in the year 2015, shall continue as the members of the committees for a period of three months from the date their term has expired or till elections of these committees are held whichever is earlier.
The petitioners submitted that Rule 63-C does not empower the Government to exceed the term of members of office beyond period of five years and the only power available in terms of Rule 63-C is on noticing any difficulty regarding holding of elections, the Government may 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 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 period not exceeding one year at a time.
“There is no scope for the Government for extending the period of committees in term of Rule 63-C”, the petitioner said.
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