Excelsior Correspondent
Srinagar, Dec 23 : High Court today directed the Government to come out with a notification for running the day-to-day administration and management of Gurdwaras in Srinagar within four weeks.
Justice Sanjeev Kumar has decided the petition filed by the rival groups over the running of affairs of Gurdwara in Srinagar directed the Government to come out with an appropriate notification in terms of Rule 63-C of the Rules of 1975, constituting and nominating suitable Gurduwara Prabhandhak Committee within a period of four weeks from today in order to run the daily affairs of the Sikh Gurdwaras in district Srinagar.
Court said since the notification under challenge issued by the Government, having outlived its life. The present members of the Gurdwara committee are not legally entitled to continue in office beyond the term of five years.
Court said that the administration and management of Sikh Gurduwaras all over the Union Territory of J&K, in particular in district Srinagar, cannot be kept in limbo and, therefore, held inevitable to constitute and nominate the Sikh Gurduwara Prabhandhak Committee for district Srinagar.
Court has made it clear that the Government shall not nominate the persons of rival groups for the fresh Gurdwara Prabhandhak Committee. “It shall be advisable if the Government constitutes a committee of some independent persons having no affiliation with the rival factions litigating in the Courts of law and such persons are persons of high integrity”, Justice Kumar said.
The Government, court added, shall do well to appoint some retired District & Sessions Judge or an officer, serving or retired, of the rank of not less than an Additional District Magistrate to head the committee. “That all functions under the Act of 1973 and the Rules framed there-under, shall be performed by the committee till the atmosphere is congenial and the elections to the Gurduwara Prabhandhak Committee are held in accordance with the provisions of the Act of 1973 and the Rules framed there-under”, court directed
“That until such committee is appointed by the Government and it takes over the administration and management of the Sikh Gurduwaras of district Srinagar, the present dispensation shall continue”, reads the direction.
Court said that it may, by notification, nominate the members of committee for a period not exceeding one year and the committee so nominated, shall be governed by the provisions of the Act and the Rules framed there-under in the same manner as the elected members of the committee are governed.
There is, however, a provision which confers upon the Government power to extend the term of nominated committee for further period not exceeding one year at a time, but this is subject to the Government spelling out reasons to be recorded in writing for such extension.
“In a nutshell, Rule 63-C of the Act confers power on the Government to nominate a committee for administration and management of Sikh Gurduwaras in a district after the term of elected members of the committee has expired but the Government is required to record its satisfaction for the reasons to be recorded in writing that it is not reasonably practicable to hold election to any committee in accordance with the provisions of the Act of 1973 and the Rules made there-under”, Justice Kumar said.
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