The SGPC Secretary Dalmegh Singh has filed a SLP in the Supreme Court challenging the judgment dated 20/12/2011 of the Punjab & Haryana High Court where the Hon’ble full bench headed by Justice Surya kant has quashed the notification dated 8/10/2003 by which the Sehajdhari Sikhs were debarred from their voting right. The National President of the Sehajdhari Sikh Party Dr.P.S.Ranu stated in a press statement that the Secretary of the SGPC is not a valid authority to file the SLP in Sehajdhari case because the SGPC is a body corporate and all body corporates can only speak through resolutions as it is upheld in the Punjab & Haryana High Court in a Judgement of Justice Liberhan in case of “ Sadhu v/s Gram Panchayat of Village Akalian:- Pleading-Suit against Corporate body-Corporates are not living persons and can speak only through resolutions. In absence of a resolution authorising a particular person to act or to conduct or to defend case, that act or deed shall be deemed to be without any authority and the act or result of the case cannot be binding on the corporate body.”
He said that as per the interim order dated 3/8/2011 of the Punjab & Haryana High Court and the directions dated 16/9/2011 of the Hon’ble Supreme Court the elections of the newly elected Board SGPC has been set aside and the Board constituted by the Govt. of India vide notification dated 17/12/2011 has become no-nest and is a nullity in the eyes of law as on today. Also after 30/11/2011 the term of the President of the SGPC has expired and no new office bearer has been elected even after the notification dated 17/12/2011 by which the new Board was constituted by the Union Govt.. He added that as per section 54 of the Sikh Gurudwara Act 1925 its mandatory to hold the first meeting not later than one month from the date of notification constituting the Board and even that has lapsed on 16.1.2012, and now the House is no more. In light of all these facts the SGPC house recently elected is at nullity then how can the SGPC Secretary Delmegh Singh take an independent decision to file the SLP in the Supreme Court on behalf of the SGPC in the absence of SGPC General House or Executive Committee or the President.
It is mentionable here that the said notification dated 8/10/2003 debarring the Sehajdhari Sikhs from voting in the SGPC was challenged by Sehajdhari Sikh Federation. Now the newly elected Board was constituted by the Government of India Ministry of Home Affairs vide Gazette notification No.2354 dated 17.12.2011. It has been specifically mentioned in a note on the copy of the notiifcation that the Constitution of the Board is subject to the judgment of the Punjab & Haryana High Court in CWP no.17771 /03 of the Sehajdhari Sikh Federation V/S UOI and others.
The Sehajdharis have also filed a Caveat in the Hon’ble Supreme Court of India so that they may be heard before passing any interim order in any appeal against the Orders dated 20/12/2011 of the Hon’ble Full bench of Punjab & Haryana High Court but till today no notice has been received by their Advocates said Dr.Ranu. It is learnt that the SGPC has filed an SLP with dairy No. 4446 of 2012 on 6/2/2012 but is not yet listed due to certain objections.
Phone of Dr.Ranu- 0-9888071530