IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18827 of 2008 MANOHAR SINGH, SON OF LATE SARDAR LADHA SINGH, RESIDENT OF HARI MANDIRJI GALI, P.S. CHOWK, PATNA CITY, DISTRICT-PATNA. …………………………………………………………..PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE CUSTODIAN, TAKHT SRI HARI MANDIRJI, PATNA SAHEB-CUM-DISTRICT AND SESSIONS JUDGE, PATNA. 3. SARDAR MAHINDER SINGH ROMANA (ADVOCATE), RESIDENT OF HARINDER NAGAR FARIDKOT, PUNJAB - 151203, PRESIDENT OF TAKHTH SRI HARIMANDIRJI PRABANDHAK COMMITTEE, PATNA SAHEB, PATNA. 4. SARDAR MAHENDRA SINGH CHHABRA, VICE PRESIDENT, PRABANDHAK COMMITTEE TAKTH SRI HARI MANDIR JI, PATNA SAHEB, RESIDENT OF GOBIND NAGAR CHITKOHRA, PATNA-800002. 5. SARDAR TAJENDRA PAL SINGH DHILLON, VICE PRESIDENT, PRABANDHAK COMMITTEE TAKTH SRI HARI MANDIRJI, PATNA SAHEB, RESIDENT OF KACHCHI GHAT, DHILLON NIWAS, PATNA SAHEB, PATNA-800008. 6. KULMOHAN SINGH, GENERAL SECRETARY, PRABANDHAK COMMITTEE TAKTH SRI HARI MANDIRJI, PATNA SAHEB, P.S. CHOWK, PATNA CITY, TOWN AND DISTRICT-PATNA. 7. RAJA SINGH, SECRETARY, PRABANDHAK COMMITTEE, TAKHTH SRI HARIMANDIRJI, PATNA SAHEB, P.S. CHOWK, PATNA. 8. BIHAR STATE ELECTION AUTHORITY THROUGH ITS CHIEF ELECTION OFFICER, BARAK NO.11, MAIN SECRETARIAT, PATNA. …………………………………………………..RESPONDENTS. ----------- For the Petitioner : Mr. Shivajee Pandey, Sr. Advocate. For the State : M/s. P.K. Verma, AAG-XI and P.K. Sharan, AC to AAG-XI. For the Intervenor : M/s. J.P. Shukla, Senior Advocate and R.K. Shukla, Advocate (in I.A. No.6817 of 2010). ------------ 2 12. 7.12.2010. Heard the parties including the intervenors. This writ petition has been filed by way of Public Interest Litigation. The main prayer of the petitioner, who claims to be of Sikh Community, is for a direction to the Prabandhak Committee of Takth Sri Harimandir Ji, Patna Saheb, to constitute a new Committee as per the Constitution and Bye- laws and to demit the office at the earliest because the full term of the present Prabhandak Committee is said to have expired in July, 2006 after completing a term of five years. Certain allegations were also made against some persons but those allegations are not deemed fit to be considered in this Public Interest Litigation. The main concern of the Court is to find a solution to the practical difficulties that have arisen in implementation of the Constitution and Bye- laws relating to the famous Sikh Shrine, Takht Sri Harimandir Ji, Patna Saheb. In order to appreciate the concern of the Court and the issues involved, we have only to advert to the order dated 12.8.2009. The said order shall be treated as a part of this order to avoid the unnecessary repetition. In the background of changed circumstances, this Court had directed the State of Bihar, 3 particularly, the Chief Secretary, Bihar, to seek appropriate orders from the highest level and explore the possibility of finding out ways and means including a fresh legislation on the subject so that the affairs of a very famous and respected Shrine situated in Patna Saheb may be managed efficiently. Now, from the counter affidavit of the State of Bihar, it appears that a meeting of all the office bearers of the old Prabandhak Committee and other invitees from the Sikh Community was held on 15.11.2009 by the Chief Secretary. Legal opinion and advice was also sought by him. In order to ensure the earlier constitution of the new Prabandhak Committee, it was deemed necessary to issue a Notification dated 25.5.2010 under Section 4(1) of the Bihar State Election Authorities Act, 2008 read with Rule 3 of the Election Rules, authorizing the Bihar State Election Authority to initiate and conduct fresh elections for constituting a new Prabandhak Committee of Takht Sri Harimandir Ji. The intervention applications generally contain prayer for being impleaded as party to this Public Interest Litigation. The intervenors claim to be interested in the welfare of the Shrine as members of the Sikh Community. 4 Their interest in the subject matter is accepted and the intervention applications are accordingly disposed of. No further order in respect of intervention applications is required because this Public Interest Litigation need not be kept pending any further. In view of Notification dated 25.5.2010 contained in Annexure-‘A’ to the counter affidavit, filed on behalf of the State, we direct the State Government and the authorities to ensure that election of the Prabandhak Committee of Takht Sri Harimandir Ji, Patna Saheb, is held without any delay, preferably within six months from today. This Court has been assured by all the intervenors that they shall extend full cooperation in holding a fair election so that the new Prabandhak Committee is formed without any difficulty and serves the best interest of the Shrine and the Sikh Community. Some doubts were raised as to whether the election authority will be competent to hold the election as proposed which were earlier used to be conducted by the District Judge, Patna. As noticed in the earlier order, the District Judge, Patna, became the authority for holding election as per the Constitution and Bye- laws, on account of settlement 5 between the parties in a suit decided on 14.12.1954. Now, when the situation has changed and the District Judges due to some practical difficulties are finding difficulties in assuming their responsibility of holding election, this Court approves the proposal of the State Government to entrust the duty of holding election to the State Election Authority. As a result, the State Election Authority will simply replace the District Judge, Patna, as an authority, entitled for holding election in the manner prescribed in the Constitution and Bye- laws. It is clarified that any other role of the District Judge under the Constitution and Bye- laws such as nominating suitable members shall continue to be performed by the District Judge and only task of holding election will now be that of the State Election Commission. The parties, specially the intervenors, have expressed their desire that the State Government should further consider their views for enacting a comprehensive legislation on the lines of different Gurdwaras Act for Amritsar, Delhi etc. Considering the sentiments of all the intervenors and the parties, it is observed that the representations, if any, filed by the members of the Sikh Community for a comprehensive legislation shall be 6 considered by the authorities appropriately. This writ petition is disposed of accordingly. Let a copy of this order be handed over to the learned AAG-XI for communication to all concerned. P.S. ( Shiva Kirti Singh, J) ( Dr. Ravi Ranjan, J)