SAD moves high court challenging disqualification from contesting HSGMC polls
The Shiromani Akali Dal (SAD) has moved the Punjab and Haryana High Court challenging its disqualification from contesting the upcoming elections for the Haryana Sikh Gurdwara Management Committee (HSGMC).
The party was considered ineligible to participate on the grounds of being a registered political entity under the Representation of the People Act (RPA), 1951. The elections for the HSGMC are slated to take place on January 19.
The petition, filed through its representative, Daljit Singh Cheema, has raised a fundamental question – can a political party registered under the RPA, 1951, be barred from contesting elections to a religious body solely due to its status as a political entity?
Among other things, the petition seeks to set aside the order dated September 18, 2023, which prohibits political parties registered under Section 29A of the RPA from forming groups or organisations, effectively rendering them ineligible for the HSGMC elections.
SAD has also sought a declaration that the order violates Articles 14, 19, and 29-30 of the Constitution, alleging that it creates an unjustifiable classification between political parties registered under the RPA and other Sikh organisations.
The plea argues that the impugned order exceeds the powers of the Gurdwara Election Commissioner, Haryana, asserting that the eligibility criterion under Section 10 of the Haryana Sikh Gurdwaras Management Act has effectively been rewritten. SAD contends that such powers rest solely with the state legislature under Section 52 of the 2014 Act, while the commissioner is limited to publishing a list of electoral symbols under Rule 18 of the Haryana Sikh Gurdwara Management Rules, 2023.
The party has also requested the court to direct the allotment of an electoral symbol to its candidates and permit them to participate in the elections. The petition has named the Haryana home secretary and the Gurdwara Election Commissioner as respondents.
