The Jammu and Kashmir in the case Satinder Singh Vs UT of J&K observed and has stayed the operation of the notification which pertains to the conduct of elections to the Gurdwara Parbandhak Board which was being issued by the Divisional Commissioner of Jammu and Kashmir.
The bench comprising of Justice Wasim Sadiq Nargal in the case observed and has pronounced the order after hearing the petitioner Satinder Singh who informed the said court that he has already filed a writ plea moved before the High Court, wherein it challenged the c process of conducting the Gurdwara Parbandhak Board elections in Jammu and Kashmir. Thus, the court in the case issued a notice but the respondents were yet to file their objections.
It has also been informed by the applicant in the case to the court that a similar challenge was being made in the Srinagar Wing of the High Court in response to which a coordinate bench of the Srinagar Wing who had granted the status report with regards to the holding of the elections, albeit for different reasons.
However, as per the applicant, the status report which is being filed after the status quo order was passed by the Srinagar Wing and the election process which being both for the Kashmir and Jammu Divisions as it has been specified in the notification which is being issued on January 23, 2023 by the respective Returning Officers, was also deferred.
The court in the case observed and has also referred to the provision of Section 3 of the Sikh Gurdwaras and Religious Endowment Act, 1973, the section outlines the composition and constitution of the Board which consists of fifteen members, with the eight members from Jammu Division and the seven members from Kashmir Division. Thus, it has been argued by the petitioner in the plea that the election process should be conducted jointly for both divisions and should not be conducted separately.
Further, the petitioner in the case cited that as per Section 8 of the Act, which outlines the composition of Board members, which includes the President and other office bearers, and the procedure for their election in a General Meeting and it has been contended before the court that since the election process is already under adjudication in two writ petitions, which includes the one before the High Court, therefore, the Division bench Commissioner of Jammu should not have issued the impugned notification dated May, 09, 2023 for conducting the elections in Jammu Division only. The same violated the provisions of the Sikh Gurdwaras and Religious Endowment Act and the rules which are framed under it.
The bench of Justice Nargal after hearing arguments of the petitioner and perusing the record found a prima facie case for granting indulgence.
The court in the case stayed the operation of the impugned notification until the next date of hearing. Accordingly, the court listed the matter to be next heard on May 26, 2023.
