CWP No.17745 of 2011 -1- In the High Court of Punjab and Haryana at Chandigarh Date of decision: 21.09.2011 Amar Singh and another Vs. The State of Punjab and others CORAM: HON'LE MR. JUSTICE PERMOD KOHLI HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Anmol Rattan Singh Sidhu, Senior Advocate, with Mr.Charanjit Singh Bakshi, Advocate,for the petitioners. PERMOD KOHLI, J. This writ petition has been filed seeking a direction for setting aside the election process in respect to Sikh Gurdwara Prabandhak Committee for Dharamkot (General) constituency on account of illegal deletion of 4786 voters from the voters list. A further direction is sought for permitting these voters to cast their votes in the election of the said constituency for which polling was held on 18.09.2011 and till then the result of the election be kept in a sealed cover. A further prayer is made for conducting a probe by an independent agency in respect to deletion of the voters on political consideration. The petitioners claimed to be the bonafide voters of Dharamkot constituency for the SGPC elections notified to be held on 18.09.2011. It is stated that the petitioners who were residents of village Umari Aana, in district Moga, were registered voters of the SGPC at Booth CWP No.17745 of 2011 -2- No.76. Their names figured at Serial Nos.209 and 215 of the voters list prepared in the year 2010. However, their names have been excluded at the instance of respondent No.5 which fact was revealed to them on 8.9.2011 when they approached for registration of the names of some other co- villagers in the voters list. They were surprised to know that the names of as many as 4786 voters had been deleted without any intimation to them and in violation of law. They made a representation to respondent No.2 which was forwarded to respondent No.3 vide letter dated 09.09.2011 for a report within 24 hours. Respondent No.3 further asked respondent No.4 to report within 24 hours. Respondent No.4 got an enquiry conducted and reported to the Commission Gurdwara Elections wherein the allegations contained in the complaint were reported to be correct and a recommendation was made for passing appropriate orders. It is the admitted case of the petitioners that polling took place on 18.09.2011 and the elections have been held. However, it is pleaded that the result is to be declared tomorrow i.e. 22.09.2011. The petitioners have the statutory remedy of election petition for challenging the election under the Sikh Gurdwara Board Election Rules, 1959. It is not possible for this Court to interfere at this stage. The petitioners have already made a representation dated 09.09.2011 (Annexure P-2) to the Chief Commissioner Gurdwara Elections, Punjab. We are informed that the Commission has already ordered probe. In view of the above, we dispose of this writ petition with a direction to the Commission Gurdwara Elections to decide the representation filed by the petitioners within a period of two weeks from the CWP No.17745 of 2011 -3- date of receipt of a certified copy of this order. While deciding the representation, recommendations of respondent No.4 shall be taken into consideration. It is further observed that if the petitioners are aggrieved of the action of the respondents, they are at liberty to seek any remedy under law. A copy of this order be given dasti to the learned counsel for the petitioners duly authenticated by the Special Secretary of the Bench for immediate compliance. (PERMOD KOHLI) JUDGE 21.09.2011 (RITU BAHRI) BLS JUDGE