Sikh Sadhbawana Dal (Regd.) v. Directorate Of Gurdwara Elections
$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1012/2025 SIKH SADHBAWANA DAL (REGD.) .....Petitioner Through:
Mr. Jagminder Singh, Advocate.
versus DIRECTORATE OF GURDWARA ELECTIONS .....Respondent Through:
None.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 28.01.2025 CM APPL. 5016/2025 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
W.P.(C) 1012/2025 3.
This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India for a direction to the Respondent to pass a speaking order/directions to remove the sitting President and General Secretary of Delhi Sikh Gurdwara Management Committee. The petition is predicated on Section 10(k) of the Delhi Sikh Gurdwaras Act, 1971 which provides the qualification of members and stipulates that a person shall not be qualified to be chosen or co-opted as a member of the Committee if such person has been convicted of an offence involving moral turpitude or has been dismissed from service by Government, Board, Committee or any local authority, on account of moral turpitude.
W.P.(C) 1012/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:17:01
4.
Mr. Jagminder Singh, learned counsel for the Petitioner draws attention of the Court to a judgment of this Court pronounced on 26.02.2024 in a batch of contempt petitions one of them being Cont.Cas(C) 131/2022, wherein Sh. Harmeet Singh Kalka and Sh. Jagdeep Singh Kahlon have been held guilty of wilfully and intentionally failing to comply with the judgment of this Court in Shikha Sharma v. Guru Harkrishan Public School and Others, 2021 SCC OnLine 5011 and committing contempt of Court. Notice to show cause was issued by the Court with respect to quantum of punishment to be awarded to the contemnors and the matter is pending at this stage.
5.
Learned counsel for the Petitioner submits that representation dated 14.12.2024 has been made by the Petitioner bringing to the notice of the Respondent the said facts and seeking necessary action but till date the same is pending and needs to be decided before the forthcoming elections. 6.
Since the Petitioner has made a representation to the Respondent on 14.12.2024, at this stage, this writ petition is disposed of, without entering into the merits of the case with a direction to the Respondent to decide the representation in accordance with law and in light of the judgment dated 26.02.2024. The decision shall be taken within a period of six weeks from today.
7.
In case of any surviving grievance, it shall be open to the Petitioner to take recourse to appropriate legal remedies.
JYOTI SINGH, J JANUARY 28, 2025 B.S. Rohella/shivam W.P.(C) 1012/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:17:01