Avtar Singh Hit vs Delhi Sikh Gurdwara Management ...

2. These appeals have been filed challenging the judgment and order dated 1.3.2006 passed by the Division Bench of Delhi High Court by which Letters Patent Appeals were allowed and the judgment and order of the learned single Judge disposing of four writ petitions was set aside. The learned single Judge had allowed the writ petitions and countermanded the election of the members of the Executive Board of Delhi Sikh Gurdwara Management Committee, which was held on 19.12.2005 and had issued a further direction that fresh election be held on 14.2.2006.

3. The controversy raised in all the four appeals is identical and for the sake of convenience we will refer to the facts of Civil Appeal No. 4532 of 2006 (arising out SLP (C) No. 5188 of 2006) (Avtar Singh Hit vs. Delhi Sikh Gurdwara Management Committee and others). The principal issue raised is regarding the validity of the election held on 19.12.2005 for electing the members of the Executive Board of Delhi Sikh Gurdwara Management Committee (hereinafter referred to as 'DSGMC'). In order to understand the controversy involved it is necessary to make a brief reference to the relevant statutory provisions.

6. After constitution of the new Executive Board for the year 2005-06 had been announced as a result of election held on 19.12.2005 the appellant Shri Avtar Singh Hit filed Writ Petition (C) No. 370 of 2006 in the Delhi High Court praying that the alleged minutes of the meeting dated 19.12.2005 be quashed and a writ of mandamus be issued directing the respondents to the writ petition to hold fresh election of the Executive Board. The parties arrayed as respondents to the writ petition are: -

7. The main facts pleaded in the writ petition are as follows. The last general elections were held on 30.6.2002 and a new Committee, which is the present Committee in existence, was constituted. The Executive Boards, which have life of only one year, were constituted in the elections held on 24.7.2002, 22.9.2003 and 22.11.2004. As respondent No. 2 in the writ petition did not hold a meeting of the Committee for electing the members of the Executive Board after expiry of the term of the earlier Board on 21.11.2005, seventeen members of the Committee made representation to the General Secretary on 28.11.2005 for holding of fresh election of the Executive Board for the year 2005-06. Thereafter the General Secretary sent a letter on the same day, i.e., on 28.11.2005 intimating that the meeting of the Committee shall take place on 19.12.2005 to elect the office bearers of the Executive Board. The Officiating President S. Baldev Singh Rani Bagh sent a letter dated 1.12.2005 stating that the letter of the General Secretary dated 28.11.2005, whereby it was informed that the election shall be held on 19.12.2005, had been issued without any authority. However, the General Secretary by his letter dated 7.12.2005 disputed the authority of the Officiating President and reiterated that what had been conveyed by his letter dated 28.11.2005 was correct. Thereafter, Shri Paramjit Singh Sarna, respondent No. 2, sent a letter to the members of the Committee on 8.12.2005 stating that there are no records to indicate that the Executive Board had taken any decision to hold the election. On 10.12.2005 the General Secretary gave a reply that the Committee was under a legal obligation to hold the election and the same would be held on 19.12.2005. A letter was also sent by him to all the members on the same day intimating his decision to hold the meeting as scheduled. In para 15 of the writ petition it is stated that in a meeting, which had been called by Paramjit Singh Sarna, respondent No.2, on 15.12.2005, the members passed a resolution that the election shall be held as scheduled on 19.12.2005. This was followed by a communication sent by respondent No. 3 on 16.12.2005 to all the members that as intimated earlier vide letter dated 28.11.2005 the meeting shall take place on 19.12.2005. Respondent No. 2 then sent a letter to the members that the meeting for electing the members of the Executive Board shall be held on 18.1.2006. In para 28 of the writ petition it is stated that though respondent No. 3 was taking up a stand that the order passed by him and communicated vide letter dated 28.11.2005 that the meeting shall be convened on 19.12.2005 was justified but respondent No. 2 had taken a stand that the meeting shall be held on 18.1.2006. In para 29 of the writ petition it is averred that the President in connivance with the General Secretary kept the members of the Committee in a confused state of affairs and the position was not clear till 16.12.2005. In para 32 of the writ petition it is alleged that on account of aforesaid confusion the writ petitioner did not attend the meeting on 19.12.2005 though he was very much interested to contest the election for the office of the President but on account of the confused state of affairs he was deprived of his valuable right to participate and contest the election.

8. The respondent No. 1 filed a short affidavit stating that respondent No. 3 had sent a letter to all the members on 28.11.2005 that the meeting shall be held on 19.12.2005. The respondent No. 2 had also sent a letter dated 17.12.2005 to all the members of the Committee that the Annual General Meeting of the members of the DSGMC shall be held at 11.00 A.M. on 19.12.2005 and the said letter was delivered to all the members of the Committee by 'Dak Rider'. The elections were held as scheduled on 19.12.2005 wherein 35 out of 50 members participated and the new office bearers had been elected with more than 2/3rd majority of the total membership of the Committee. The new office bearers of the Executive Board had taken over charge on the same day i.e. on 19.12.2005 but they had not been impleaded as party to the writ petition. It was also pleaded that the election of the office bearers could only be challenged by filing an election petition in accordance with Section 31 of the Act and the rules framed thereunder.

9. Shri Paramjit Singh Sarna, respondent No. 2, in the writ petition also filed a short affidavit stating that 35 out of 50 members had taken part in the meeting held on 19.12.2005. The writ petition was not maintainable on the ground that the petitioner had an alternative remedy of filing an election petition as provided in Section 31 of the Act. It was further pleaded that the office bearers of the newly elected Executive Board, who have been functioning since 19.12.2005, having not been impleaded as party to the writ petition, the writ petition was liable to be dismissed on ground of non-joinder of necessary parties.

10. Shri Ravinder Singh Khurana, respondent No. 3, in the writ petition filed a counter affidavit stating that after receipt of a representation from over 1/3rd members of the Committee for holding a fresh election, he issued a letter dated 28.11.2005 fixing 19.12.2005 as the date for convening the meeting and holding of elections and this had been done by him in exercise of powers vested in him under the Regulations. In fact, respondent No. 2, who was holding the office of President, did not want to hold the election so that he could continue in office. In para 7 of the counter affidavit it is stated that a meeting of the Executive Board was held on 15.12.2005 wherein a decision was taken to hold the elections on 19.12.2005 and accordingly a communication was sent to all the members of the Committee. However, respondent No. 2 held another meeting wherein only 8 members were present and a resolution was passed that the Secretary had no authority to circulate the letter dated 28.11.2005 and it was further resolved that the meeting shall be held on 7.1.2006. In para 9 of the counter affidavit it is averred that respondent No. 2 issued another communication to the members of the Committee on 16.12.2005 stating that the meeting for electing the office bears of the Executive Board would be held on 18.1.2006. Respondent No. 2 also passed an order whereby he declared 19.12.2005 to be a holiday. Lastly, it is averred that the respondent No. 2 had never agreed for holding of elections on 19.12.2005 and had in fact fixed 18.1.2006 for the said purpose and thus holding of the election on 19.12.2005 by respondent No. 2 was arbitrary and mala fide exercise of powers.

12. Shri Paramjit Singh Sarna, respondent No. 2 in the writ petition and Delhi Sikh Gurdwara Management Committee, respondent No.1 in the writ petition, preferred Letters Patent Appeals against the decision of the learned single Judge. The Division Bench of the High Court, after meticulously examining the material on record, held that there was no confusion regarding the date of meeting as the total number of members was only 50. It also held that the allegation that 15 members did not participate in the meeting because of any alleged confusion could not be believed, more so in the light of the findings of the learned single Judge that the elections were validly summoned. It was further held that as more than 2/3rd members were present and had elected the office bearers of the Executive Board, the result of the election had not been materially effected and, therefore, the order passed by the learned single Judge countermanding and setting aside the election could not be sustained. The Division Bench did not go into the question regarding the effect of non-joinder of the newly elected members of the Executive Board to the writ petition but expressed a prima facie view that its effect was not fatal. It further held that despite the alternative remedy of election petition being available, the writ petitions were maintainable.

Similar view has been taken in Harnek Singh vs. Charanjit Singh 2005 (8) SCC 383 which is a case relating to election of Chairman of Gram Panchayat and the judgment of the High Court by which the order of the Returning Officer was set aside in a writ petition was reversed.

21. This being the settled legal position the non-impleadment of the newly elected office bearers of the Executive Board was fatal and no relief could have been granted to the writ petitioners. The result of granting any relief in the writ petitions, as was done by the learned single Judge, was that the members of the newly elected Executive Board lost the office which they were holding without affording them an opportunity to present their case which is clearly impermissible in law. The writ petitions were liable to be dismissed on this count as well.

23. For the reasons discussed above, we find no merit in these appeals, which are hereby dismissed with costs.