Excelsior Correspondent
SRINAGAR, Feb 22: The High Court today restrained the authorities from holding elections for the Sikh Gurdwara Committee (SGC) in Kashmir and directed for maintaining the status quo with regard to the elections.
Aggrieved of the notice of election dated February 17, issued by the Divisional Commissioner Kashmir, the Gurdwara Prabhandak Committee Pulwama through Advocate Mir Suhail on the ground that in district Bandipora there is no Sikh population or Gurdwara Prabhandak Committee as such there is no representation that would take part in elections for the said district.
Justice V C Koul has issued notice to the Chief Secretary, Commissioner/Secretary Law, Justice & Parliamentary Affairs, Financial Commissioner (Revenue) and Divisional Commissioner, Kashmir, and asked them to file their response to the plea of the Prabhandak Committee.
Mohsin Qadiri, Senior AAG, sought two weeks’ time to file reply as also to produce a record relating to this case.
“…In the meantime, subject to objections and till the next date before the Bench, status quo as on date with regard to elections shall be maintained”, Justice Koul directed.
The petitioner (Committee) has challenged the notice of election dated 17.02.2023, issued by Returning Officer (Divisional Commissioner, Kashmir) Sikh, by virtue of which districts of Anantnag, Kulgam, Pulwama and Shopian, have been allotted one seat or member and Baramulla and Bandipora districts have been shown two seats or members, primarily on the ground that in District Bandipora there is no Sikh population or Gurdwara Prabhandak Committee.
Advocate Suhail averred before the court that the petitioner submitted a representation before the Sikh Gurdwara Committee Board, wherein it is stated that the seat of Pulwama has been shifted to District Bandipora notwithstanding the fact that there is neither any Sikh population nor any elected Gurdwara Prabhandak Committee in District Bandipora.
It has also been brought to the notice of the court that District Pulwama has huge population of Sikhs, but this fact of the matter has not been considered by the Committee. The counsel representing petitioner has set up the case in the instant petition and has invited attention of the Court to the notice dated 13.02.2023 issued by Divisional Commissioner, Kashmir, to strenuously contend that the said notice itself reflects and shows that there is no population of Sikh Community in District Bandipora and as a consequence of which, impugned Notice qua District Bandipora requires to be set at naught inasmuch as it will badly affect the rights of Sikh Community of district Pulwama.
The case of the aggrieved committed is that impugned notification has been issued by the official respondents in a slipshod manner and if assumed for the sake of arguments that any type of amendment, repealing or abrogating any provision of the Act and in that eventuality competent authorities under the mandate of constitution have to bring in fresh legislation which will replace the law/rules, which has not been done in this case because the J&K Sikh Gurdwaras and Religious Endowment Act, 1973 is a Special Act, can only be either amended or replaced by way of fresh legislation which has to be followed while adhering to, the provision of the Constitution of J&K.
“This is the first illegality and an unconstitutional act perpetuated by the authorities, therefore, the impugned notification cannot sustain in the eyes of law as such deserves to be quashed and set aside”, read the plea.
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