Excelsior Correspondent
JAMMU, May 19: Jammu & Kashmir and Ladakh High Court has stayed the notification issued by Divisional Commissioner Jammu for the conduct of elections to Gurdwara Parbandhak Board (GPB) in Jammu division only.
The stay has been granted by Justice Wasim Sadiq Nargal in an application filed by Satinder Singh, who has already preferred a writ petition, which is pending adjudication, challenging the process of conduct of the elections to the Gurdwara Parbandhak Board Jammu and Kashmir issued in terms of Notification No. 301/SGPB/Election/2023/2477-80 dated 28.01.2023 in which, notice has been issued to the non-applicants and the objections have already been filed.
It was brought to the notice of Justice Wasim Sadiq Nargal by the applicant-Satinder Singh, appearing in person, that the process of conduct of the elections to the Board was also challenged in Srinagar Wing of High Court in a Writ Petition bearing No. WP(C) No. 344/2023 in which a Co-ordinate Bench vide order dated 22.02.2023 has shown indulgence and granted status quo with regard to the holding of the elections to the Board.
He further brought to the notice of the High Court that after passing of the status quo order by the Srinagar Wing, the process of election to the Board so far as it pertains to the Kashmir/Jammu Division in terms of Notifications earlier issued on 28.01.2023 by the concerned Returning Officers of Jammu and Kashmir Division— the Divisional Commissioner, Jammu and the Divisional Commissioner, Kashmir, was deferred.
He referred to Section 3 of the Sikh Gurdwaras and Religious Endowment Act, 1973, in which the composition and constitution of the Board has been specified and submitted that in terms of Rule 36 of the Jammu and Kashmir Sikh Gurdwaras and Religious Endowment Rules, 1975, the Board consists of fifteen members—eight members from Jammu Division and seven members from Kashmir Division which clearly shows beyond any shadow of doubt that members are to be elected for both the Divisions—Kashmir Division as well as Jammu Division and the election process has to be a composite election process for both the Divisions and not separately.
The specific case of the applicant was that since the conduct of the elections to the members of the Gurdwara Prabandhak Board is pending adjudication before High Court in Writ Petition WP(C) No. 370/2023, as also in Srinagar Wing wherein in terms of order dated 22.02.2023, status quo has already been granted, Divisional Commissioner, Jammu, without waiting for the outcome of the same, in a haste manner, has issued the impugned Notification dated 09.05.2023 for the conduct of the elections to the Board only in Jammu Division, which is in violation of the provisions of the Act and the Rules.
After hearing Satinder Singh in person and Advocate Priyanka Bhat vice Senior AAG Monika Kohli for the respondents, Justice Wasim Sadiq Nargal observed, “prima facie a case for indulgence is made out. In the meantime, subject to objections and till next date of hearing before the Bench, the operation of the impugned Notification No. 301/SGPB/Election/2023/327-51 dated 09.05.2023 issued by the Divisional Commissioner Jammu shall remain stayed”.
Follow our WhatsApp channel
