Violation Of Gurdwaras Religious Endowment Act: JK and And Ladakh HC Stays Board Elections

The Jammu and Kashmir and Ladakh High Court recently stayed the operation of a notification issued by the Divisional Commissioner of Jammu regarding the conduct of elections to the Gurdwara Parbandhak Board.

A single-judge Justice Wasim Sadiq Nargal pronounced the order after hearing the petitioner Satinder Singh who informed the court that he had already filed a writ petition before the High Court challenging the process of conducting the Gurdwara Parbandhak Board elections in Jammu and Kashmir, wherein notice was issued but the respondents had yet to file their objections.

Furthermore, the applicant informed the court that a similar challenge had been filed in the High Court’s Srinagar Wing, in response to which a coordinate bench of the Srinagar Wing had granted status quo regarding the holding of the elections, albeit for different reasons.

According to the applicant, after the Srinagar Wing issued the status quo order, the election process for both the Kashmir and Jammu Divisions, as specified in the notifications issued by the respective Returning Officers on January 28, 2023, was postponed.

The petitioner argued that the election process should be conducted jointly for both divisions rather than separately, citing Section 3 of the Sikh Gurdwaras and Religious Endowment Act, 1973, which outlines the composition and constitution of the Board, which consists of fifteen members, eight from Jammu Division and seven from Kashmir Division.

The petitioner also cited Section 8 of the Act, which outlines the composition of Board members, including the President and other office bearers, and the procedure for their election in a General Meeting, and contended that because the election process is already being adjudicated in two writ petitions, one of which is before the High Court, the Divisional Commissioner of Jammu should not have issued the impugned notification dated 09.05.2023 for conducting elections. According to the petitioner, this violates the provisions of the Sikh Gurdwaras and Religious Endowment Act and the rules enacted under it.

After hearing the petitioner’s arguments and reviewing the record, Justice Nargal concluded that there was a prima facie case for granting indulgence.

“The Divisional Commissioner, Jammu has issued the Notification dated 09.05.2023 illegally by directing conduct of the elections in Jammu Division only, even though the Sikh Gurdwaras and Religious Endowment Act, 1973 and the rules framed thereunder provide that the Board is a single constituent body and its members i.e., fifteen in all, can be elected by a single process both at Kashmir and Jammu Divisions simultaneously and not otherwise,” the single bench stated.

As a result, the court stayed the operation of the impugned notification until the next date of hearing.

The bench has listed the matter for further consideration on 26th May, 2023.