M A I N   N E W S

Resolve Sehajdhari voting issue in one month: SC to HC
R Sedhuraman
Legal Correspondent

The Sehajdhari Sikh Federation had come to the SC, challenging the September 6 High Court verdict by which it had suspended its September 1 order that had effectively allowed the Sehajdhari Sikhs to vote in the Shiromani Gurdwara Parbandhak Committee poll.

Senior counsel Gopal Subramanium, arguing for the federation, today suggested that the election should be postponed, pending a solution to 
the controversy.

“We don’t want to have an irreversible situation. Defer the elections. Nothing is going to happen as the present members can continue,” he pleaded.

Appearing for the Shiromani Gurdwara Parbandhak Committee, senior counsel KK Venugopal and Mukul Rohatgi strongly opposed the plea for a stay on the poll process, stating that all arrangements for conducting the elections were in place and postponing these would have “serious consequences”.

Punjab’s senior counsel PS Patwalia also opposed the plea, contending that the Sehajdhari Sikhs were not allowed to vote even under the Shiromani Gurdwara Parbandhak Committee Act and a Full Bench of the High Court had given a verdict on that.

The Bench said the poll process had already begun and it was not possible to cancel the schedule now. In the order, the Bench clarified that the High Court’s final verdict on the issue could be challenged in the apex court.

The Supreme Court asked the High Court to take up on September 20 the Centre’s application seeking recall of the September 1 order.

In case the application was allowed, the writ petition filed by the federation challenging the October 8, 2003, notification that had taken away the Sehajdhari Sikhs’ voting right “may be taken up for hearing immediately in accordance with law. The High Court is requested to decide the matter, if possible, within one month” from September 20.

A Full Bench of the High Court had disposed of the federation’s petition on September 1, observing that it had become infructuous in the light of an assurance made by the Central Government’s senior counsel, Harbhagwan Singh, that the 2003 notification “is withdrawn”.

However, the next day, the Centre filed an application, contending that it had not authorised its senior counsel to give such an assurance and sought recall of the court order. On this application, the High Court “suspended” the operation of its earlier order.

In its petition, the federation said the Full Bench of the High Court could not have suspended the operation of the September 1 order merely on an application filed by the Central Government seeking its recall and without examining the “effect of suspension”.

The Sehjdhari Sikhs also questioned the legal sustainability of the High Court order which denied them their “statutory right” to vote.