Excelsior Correspondent
JAMMU, July 17: In a petition challenging the order of Revenue Secretary whereby tenure of existing Gurdwara Prabandhak Committees has been extended by three months in view of COVID-19 pandemic, High Court has directed the Deputy Commissioners concerned to supervise and monitor the exercise of powers by these committees and file compliance report by or before next date of hearing.
The petitioners Satinder Singh and Joginder Singh submitted before the High Court that Rule 63-C of the Jammu and Kashmir Sikh Gurdwaras and Religious Endowments Rules, 1975 does not empower the Government to exceed the term of members of office beyond period of five years and the only power available in terms of Rule 63-C is on noticing any difficulty regarding holding of elections, the Government may for reasons to be recorded in writing, that it is not reasonably practicable to hold elections to any Committee in accordance with the provisions of the Act and these Rules, it may, by notification, nominate the members of the Committee and thereupon the provisions of the Act and these Rules shall apply to the members so nominated in the same manner as they apply to the members elected under the Act.
They further submitted that the notification of the Revenue Secretary was contrary to Rule 63-C therefore is illegal and unconstitutional.
After hearing petitioners in person, Justice Ali Mohammad Magrey observed, “before proceeding further, it has become necessary to seek response from the Government and accordingly SS Nanda, Sr AAG is granted weeks time to submit response.
“Prima facie, it appears that the Government has not considered the true interpretation of the Rules, as such, it is left open to the Government to reconsider the matter in tune with Rule 63 C of the Rules, and take a decision”, Justice Magrey said.
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