Panthak Seva Dal v. Directorate Of Gurdwara Elections & ORS

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1039/2017 & C.M. Nos. 4736-37/2017 PANTHAK SEVA DAL ..... Petitioner Through: Mr. Siddharth, Mr. Inder Chand, Mr. Anil Kumar Yadav and Mr. Vichitra Kumar, Advocates.

versus DIRECTORATE OF GURDWARA ELECTIONS & ORS ..... Respondents Through: Mr. Satyakam, ASC for R-1 with Mr. Joginder Singh, EO, DGE, GNCTD.

Mr. Jasmeet Singh, Advocate for -2.

Mr. Vedanta Varma, Mr. Vibhor Kush, Mr. Sanat Tokas, Mr. Akhil Gola and Mr. Kulvinder, Advocates for R-3.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 06.02.2017 1.

The petitioner/Society has filed the present petition through Mr. Kartar Singh Kochar, who has described himself as the General Secretary of the Society and authorised by the Core Committee to file the present petition, praying inter alia for quashing the Notifications dated 08.10.1999 and 30.11.2006 and 31.1.2017 issued by the respondent No. 1/Directorate.

2.

At the outset, learned counsels for the respondents have challenged the locus standi of Mr. Kartar Singh Kochar to file the present petition on W.P.(C) 1039/2017

behalf of the petitioner/Society on the ground that there is a dispute between the members of the Core Committee and letters have been written by Mr. Sarabjot Singh Grover and Mr. Gurjeet Singh to the respondent No. 1/Directorate, describing themselves as the President and General Secretary of the petitioner/Society and stating therein that Mr. Kartar Singh Kochar is not the General Secretary of the petitioner/Society. 3.

Learned counsel for the petitioner disputes the above and states that prior thereto Mr. Kartar Singh Kochar had written a letter dated 10.10.2016 to the Registrar of Societies informing him that Mr. Sarabjot Singh Grover is not the Convenor of the petitioner/Society. 4.

Learned counsels for the respondents also challenge the maintainability of the present petition on the ground that the Schedule for holding the election of the members of the Delhi Sikh Gurdwara Management Committee has already been declared and once the election process has commenced, the court should refrain from passing any orders. 5.

At this stage, learned counsel for the petitioner states that he may be permitted to withdraw the present petition while reserving the right of the petitioner/Society to file a fresh petition for the same relief after the election process is over.

6.

Leave, as prayed for, is granted. The petition is disposed of along with the pending applications.

HIMA KOHLI, J FEBRUARY 06, 2017 ap/mk W.P.(C) 1039/2017