HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.7036 of 2010 (O&M) Date of Decision: 04.03.2011 **** Jarnail Singh & Anr. . . . . Petitioners VS. z SGPC & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. KG Chaudhary, Advocate for the petitioners Mr. PS Thiara, Advocate for respondent No.1 Mr. MS Sidhu, Advocate for respondents No.2 to 5 Ms. Sudeepti Sharma, DAG Punjab for respondent No.6 Mr. OP Goyal, Senior Advocate with Ms. Shilpa Sahi, Advocate for respondent No.7 Messrs NS Bawa & Karminder Singh, Advocates - Court Commissioners ***** SURYA KANT, J. (ORAL) (1). The controversy pertains to the election of the President/Managing Committee of Gurdwara Sri Guru Singh Sahib Phase XI, SAS Nagar Mohali (‘the Gurdwara’, in brief). (2). With a view to resolve the issue amicably and to get the election conducted in a fair and transparent manner, Sarvshri LS Bawa and Karminder Singh, two senior CWP No.7036 of 2010.doc - 2 – Members of the Bar were appointed as Court Commissioners vide an agreed order dated 17.08.2010 who were also authorized to take over the complete control over the Management of the Gurdwara till the fresh elections were held under their supervision. (3). Pursuant thereto, the Court Commissioners took charge of the affairs of the Gurdwara on 19.08.2010. They finalized the Voters List and got conducted the election with the assistance of the District Administration in which Sardar Baldev Singh Malhi, who, secured 419 votes out of the total 568 votes, was declared elected as President of the Managing Committee. The operative part of the report submitted by the Court Commissioners after the election, reads as follows:- “14. On 19.9.2010 Election was held peacefully. Two booths were set up for polling which were manned by the officials of District Administration. In booth No.1, five officials namely S/Shri Baljit Singh, Sadhu Singh, Harpreet Singh, Partap Singh and Hardip Singh were deputed, while booth No.2 was manned by S/Sh. Gurminder Singh, Onkar Singh, Diljit Singh, Sukhamaran Singh and Ravinder Singh. Out of 657 voters, 568 cast their votes i.e. 275 in booth No.1 and 293 in booth No.2. Counting of votes was done in the presence of two candidates i.e. S/Shri Baldev Singh Malhi and Jarnail Singh. The third candidate Shri Balbir Singh Khalsa did not come present. The counting was done by the election staff of District Administration and also CWP No.7036 of 2010.doc - 3 – checked by both the candidates. The votes polled by the three candidates were as under:- Booth No.1 Votes polled 275 Baldev Singh Malhi with symbol Lion 156 Balbir Singh Khalsa with symbol Khanda 007 Jarnail Singh with symbol Bow & Arrow 112 ---- --- Total 275 ---- --- Booth No.2 Votes polled 293 Baldev Singh Malhi (Lion) 263 Balbir Singh Khalsa (Khanda) 005 Jarnail Singh (Bow & Arrow) 022 Votes rejected 003 ---- --- Total 275 ---- --- The total votes polled were 275 + 293 = 568 Shri Baldev Singh Malhi with symbol Lion secured the highest number of votes i.e. 419. CWP No.7036 of 2010.doc - 4 – Hence, he was declared President and announcement made. 15. It may be stated that when the Court Commissioners took over control of the Gurdwara on 19.8.2010. The amount in the Bank was Rs.39972/- and on 20.9.2010 the amount in the Bank was Rs.2,12,802/-. This was after meeting major expenditure of salary of staff Rs.45600/- electricity bill of Rs.12979/- and cost of five tins of Verka Desi Ghee, two quintals of sugar for daily use for preparing Parsad, Gas Cylinders and Diesel for diesel generating set. Shri Sohan Singh Sud Ex-President did not submit the statement of accounts and records of the Gurdwara pertaining to his period which is still in his possession.” (4). Respondent No.7 – the outgoing President of the Managing Committee of the Gurdawara has filed objections against the report of the Court Commissioners and pointing out that the names of 36 out of 449 life members have been struck off without any notice to them. It is also alleged that the Court Commissioners have added 254 life members without following the procedure as prescribed in the Constitution of the Gurdwara. The report of the Court Commissioners suggests that 254 new life members have been seeking their enrolment and had filled in the membership forms much before the Management was taken over by the Court Commissioner but the Managing Committee headed by respondent No.7 did not accept their CWP No.7036 of 2010.doc - 5 – applications till the cut off date expired on 31.12.2009. That being so, prima facie, I do not find any irregularity in the induction of the new life members. The names of 36 life members are said to have been deleted as no objection from any quarter including the affected members was received. (5). Nevertheless, it is clarified that any aggrieved person shall be at liberty to approach the newly elected members of the Managing Committee who shall consider their claim/objection in accordance with the Constitution of the Gurdwara. That apart, it appears that the deletion of 36 life members from the voter list has no material bearing on the validity of the election as the difference of votes between the newly elected President and his nearest rival is more than 300 votes. The election appears to have been conducted in a peaceful, transparent and fair manner under the supervision of Court Commissioners and does not warrant any interference by a writ court. (6). The objections submitted by respondent No.7 who was not even a candidate in the election as well as those submitted by the writ petitioners, are, thus untenable and liable to be rejected. (7). It is pointed out, at this stage, by learned counsel for respondent No.7 that a civil suit has already been filed CWP No.7036 of 2010.doc - 6 – against inclusion of 254 new Life members or deletion of 36 Life members from the Voters List. If that is so, respondent No.7 and the writ petitioners are at liberty to pursue the Civil Suit(s). (8). Adverting to the application moved by the newly elected President alleged that the outgoing President (respondent No.7) has not handed over the complete records, it is pointed out by Mr. Karminder Singh, learned Court Commissioner that the Manager had given in writing on 21.08.2010 that the entire records except those which were taken over by the Court Commissioners were lying with the then President of the Gurdwara, namely, Sohan Singh Sud. However, an affidavit has been filed by Sohan Singh Sud stating that the records are not in his custody and are rather lying with the Manager. (9). From the contradictory stand taken by the Manager of the former President of the Managing Committee, it does appear that the public records, maintaining the accounts and expenditures of the Gurdwara have been deliberately withheld/misplaced though it is not known as to who is responsible for misplacing or destroying the said records. In these circumstances, the Senior Superintendent of Police, SAS Nagar, Mohali is directed to formally register CWP No.7036 of 2010.doc - 7 – a case and investigate the matter to determine the responsibility for misplacement or destruction of the Gurdwara records. If the records are traced out during the course of investigation/enquiry, the same shall be entrusted to the newly elected President, the receipt whereof shall be duly acknowledged. (10). With these observations and directions, the writ petition as well as the accompanying applications stand disposed of. (11). Ordered accordingly. Dasti. 04.03.2011 Vishal shonkar (S u r y a K a n t) Judge