STATE TIMES NEWS
JAMMU: Justice Sanjeev Kumar of J&K High Court has quashed SO No. 218 dated 13-07-2020, acting in exercise of powers conferred upon it by Rule 63-C supra, which extended term of office bearers elected in 2015 for a period of three months from the date of expiry of their term or till the elections to the committee were held under the Act of 1973 and Rules framed there under, whichever earlier.
While quashing SO, Justice Sanjeev Kumar directed that petitioners in WP(C) 1762/2021, who are also respondents 6 to 10 in WP(C) 1931/2021, are not legally entitled to continue in office beyond term of five years, for which they were elected and at least beyond the expiry of three months after expiry of their term in view of extension granted by Government. High Court further observed that the administration and management of Sikh Gurdwaras all over the Union Territory of J&K, in particular in district Srinagar, cannot be kept in limbo and, therefore, a constitution/nomination of Sikh Gurdwara Prabandhak Committee, Srinagar, is inevitable and that with a view to run day-today administration and management of Sikh Gurdwaras of district Srinagar, the Government shall come out with an appropriate notification in terms of Rule 63-C of the Rules of 1975, constituting/nominating suitable Gurdwara Prabandhak Committee within a period of four weeks. Court further directed the Government to ensure that neither the petitioners of WP(C) 1762/2021 nor the petitioners of WP(C) 1931/2021 are nominated to the aforesaid Prabandhak Committee.
It shall be advisable if Government constitutes a committee of some independent persons having no affiliation with rival factions litigating in the Courts of law. The Government 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 and all functions under Act of 1973 and Rules framed there under, shall be performed by the committee till the atmosphere is congenial and elections to the Gurdwara Prabandhak Committee are held in accordance with the provisions of Act of 1973. Court further directed that until such committee is appointed by the Government and it takes over the administration and management of Sikh Gurdwaras of district Srinagar, the present dispensation shall continue.
