Jammu & Kashmir HC Halts Gurdwara Prabandhak Board Elections: Notification Stayed

22-05-2023 : The recent notification issued by the Divisional Commissioner of Jammu regarding the Gurdwara Parbandhak Board elections in Jammu and Kashmir divisions has been put on hold by the Jammu & Kashmir and Ladakh High Court. The court took this decision while considering a petition filed by Satinder Singh, who argued that the Sikh Gurdwaras and Religious Endowment Act and its rules state that the Board is a single entity and its members, totaling 15, should be elected through a unified process in both Kashmir and Jammu divisions.

Satinder Singh informed the court that a similar challenge had been presented before the Srinagar Wing of the court through a writ petition. In response, the Coordinate Bench of the Srinagar Wing had ordered a status quo, effectively halting the elections for various reasons. According to the petitioner, when the status quo order was issued by the Srinagar Wing, the election process for both divisions, as outlined in the notices issued by the respective Returning Officers on January 28, 2023, was postponed.

The petitioner argued that the election process should be conducted jointly for both divisions, citing Section 3 of the Sikh Gurdwaras and Religious Endowment Act, 1973, which defines the composition and structure of the Board, consisting of fifteen members, eight from Jammu Division and seven from Kashmir Division. The petitioner also referred to Section 8 of the Act, which outlines the composition of Board members, including the President and other office bearers, and the procedure for their election in a General Meeting. It was contended that since the election process is already being adjudicated in two writ petitions, one of which is before the High Court, the Divisional Commissioner of Jammu should not have issued the impugned notification on May 9, 2023, calling for elections.

The petitioner argued that the notification violates the provisions of the Sikh Gurdwaras and Religious Endowment Act and the rules made under it. After considering the arguments, Justice Nargal concluded that the Divisional Commissioner of Jammu had issued the May 9, 2023 notification unlawfully by directing elections only in Jammu Division, despite the fact that the Sikh Gurdwaras and Religious Endowment Act, 1973, and its rules provide for a single election process in both Kashmir and Jammu Divisions for the fifteen members of the Board.

Consequently, the court granted a stay on the implementation of the challenged notification until the next hearing, noting the presence of a prima facie case warranting intervention. The matter is scheduled for further hearing on May 26, 2023.