Case: Gurdit Singh Aulakh (Deceased) Through L.R.S Vs. The State Of Punjab &amp; Others

1. The Governor of Punjab constituted the Sikh Gurudwaras Tribunal with effect from April 1, 1962 and one Gurdit Singh Aulakh (Aulakh for short) was appointed as a member of the Tribunal. He was removed from the membership by an order dated September 10, 1965 and one Shri S. S. Kahla (Kahla for short) was appointed to the vacancy so created. Aulakh challenged the validity of his removal in a writ petition filed before the HIgh Court of Punjab. The petition was ultimately allowed in letters patent appeal and the order removing Aulakh from the membership of the Tribunal was quashed. That was on October 13, 1966. An application for leave to appeal to this Court against the decision of the Letters Patent Bench was rejected. So also an application before this Court for special leave to appeal. Thereafter, a notification was issued on October 26, 1966 stating:In exercise of the powers conferred byn (1) of Section 12 of the Sikh Gurudwaras Act, 1925, the President of India is pleased to direct the dissolution with immediate effect of the Tribunal constituted vide the Punjab Government NotificationP dated the 26 April, 1962This notification was challenged by Aulakh in a writ petition. Aulakh died on July 18, 1969 and the appellants were impleaded as his legal representatives. They confined their claim to the emoluments alleged to be due to the writ petitioner from September 11, 1965, till the date of his death. The High Court dismissed the petition and this appeal, by certificate, is from this decision.

Reasoning:
5. We think that the contention urged on behalf of the State of Punjab must prevail. From the fact that the judgment of the High Court declared that the removal of Aulakh was bad in law, it would not follow that the appointment of Kahla in the vacancy by the removal of the Aulakh was void. Assuming that the appointment was void, it was void only as against Aulakh. There is nothing strange in the notion of the appointment being void as against Aulakh only, for, it was his rights that were affected by the appointment of Kahla and as Aulakh did not challenge the validity of the appointment, the appointment became valid, even on the assumption that it was originally void. The appointment of Kahla, however void in the eyes of a Court will prevail unless Aulakh challenged it successfully. Unless the law upheld the challenge, Aulakh must accept whatever the Government had done as valid and effectual.The fact that Aulakh successfully challenged the order removing him from the membership as against the Government is of no consequence as Kahla was not bound by that decision. The validity of his appointment was not challenged in the writ petition filed by Aulakh; Kahla was not even made a party to that writ petition. His appointment, therefore, remained unchallenged. That apart, he was functioning as a member of the Tribunal and was participating in the decision of cases. Section 12 (1) of the Act provides for the constitution of one or more Tribunals by the State Government for deciding claims made in accordance with the provisions of the Act. The Tribunal so constituted should consist of a President and two other members appointed by the State Government. Therefore, it was essential that on the removal of Aulakh, there should be an appointment to the vacancy as the business of the Tribunal could not have been carried on without filling the vacancy created by the removal. We, therefore, find it difficult to hold on the ground of practical expediency also that the appointment of Kahla as a member of the Tribunal was void and, therefore, non est in the eye of law. Kahla having been appointed as a member of the Tribunal, he could have been removed only in accordance with the provisions of Section 12 (3)The High Court has considered the question whether the sub-section was in force on the relevant date and its conclusion was that it continued to be operative notwithstanding the purported repeal. The provisions of the sub-section did not contemplate a removal in the contingency created by the facts of the case and so the State Government had no power to remove him under the sub-section. The Tribunal could not have functioned with both of them as members in the teeth of the provisions of Section 12(2). The grounds for dissolution of the Tribunal are not enumerated in the Act. We, therefore, agree with the view of the High Court that the dissolution of the Tribunal was not for a collateral purpose8.We do not think that the notification dissolving the Tribunal abolished any public office of the description specified in the sub-rule. The Tribunal was not abolished. It was only re-constituted. There was no abolition of any public office. Abolition means, to destroy, extinguish, abrogate or annihilate. We, therefore overrule the contention of the counsel.