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HC issues notices to Centre, Punjab Govt on Sehajdhari issue
Punjab & Haryana High Court on Tuesday issued notices to the Centre, Punjab Government, SGPC and Gurudwara Election Tribunal for February 8 on a PIL by Sehajdharis (non-baptised Sikhs), seeking fresh elections of SGPC and inclusion of Sehajdhari in revised list.
On December 20, the High Court had quashed the Centre’s notification debarring Sehajdharis from voting in the Sikh body’s polls.The petitioner appealed that till the fresh elcetions are held, newly elected members of SGPC, which is the apex religious body of the Sikhs, be restrained from acting. It was submitted by the petitioner that the election of SGPC held on September 18, 2011 was made conditional and outcome of the writ petitions challenging notification issued by the Central Government on October 8, 2003 disfranchising Sehajdharis by the full bench of the High Court as well as by the Supreme Court in the Special Leave Petition.
It was contended by the counsel of the petitioners that with the quashing of the notification by a full bench of the court, the election to SGPC was non-est and continuation of the SGPC was not in accordance with law. A bunch of three petitions were filed in the High Court.
In one of the writ petition Sehajdhari Sikh federation had challenged the notification dated October 8, 2003 issued by the union of India whereby in section 49 and 92 of the Sikh Gurudwaras Act 1925 the word “Sehajdari” was omitted. In another writ petition, the constitutional validity of section 44 of the 1925 Act was challenged being ultra vires of the Constitution.
The third petition had questioned the validity of notification being in contradiction to the definition of “Sikh” as contained under the provisions of Section 2(9) and 2(10-A) of the 1925 Act.
Punjab & Haryana High Court on Tuesday issued notices to the Centre, Punjab Government, SGPC and Gurudwara Election Tribunal for February 8 on a PIL by Sehajdharis (non-baptised Sikhs), seeking fresh elections of SGPC and inclusion of Sehajdhari in revised list.
On December 20, the High Court had quashed the Centre’s notification debarring Sehajdharis from voting in the Sikh body’s polls.The petitioner appealed that till the fresh elcetions are held, newly elected members of SGPC, which is the apex religious body of the Sikhs, be restrained from acting. It was submitted by the petitioner that the election of SGPC held on September 18, 2011 was made conditional and outcome of the writ petitions challenging notification issued by the Central Government on October 8, 2003 disfranchising Sehajdharis by the full bench of the High Court as well as by the Supreme Court in the Special Leave Petition.
It was contended by the counsel of the petitioners that with the quashing of the notification by a full bench of the court, the election to SGPC was non-est and continuation of the SGPC was not in accordance with law. A bunch of three petitions were filed in the High Court.
In one of the writ petition Sehajdhari Sikh federation had challenged the notification dated October 8, 2003 issued by the union of India whereby in section 49 and 92 of the Sikh Gurudwaras Act 1925 the word “Sehajdari” was omitted. In another writ petition, the constitutional validity of section 44 of the 1925 Act was challenged being ultra vires of the Constitution.
The third petition had questioned the validity of notification being in contradiction to the definition of “Sikh” as contained under the provisions of Section 2(9) and 2(10-A) of the 1925 Act.
