Supreme Court dismisses plea against nominations to Patna Sahib Sikh body
Satya Prakash
New Delhi, July 9
The Supreme Court has dismissed a petition filed by a Sikh body, challenging three nominations made by the Patna District Judge to the prabandhak committee, which manages the affairs of Takht Shri Harimandir Ji Patna Sahib – one of the five ‘Takhts’ of the Sikhs.
“We are not inclined to interfere with the impugned judgment and order passed by the High Court. The special leave petition is, accordingly, dismissed,” a Bench led by Justice BR Gavai said, dismissing a petition filed by ‘The Sikh Collective’.
The petitioner had challenged the Patna High Court’s February 16 order, rejecting its petition against the three nominations made by the Patna District Judge to the prabandhak committee of Takht Shri Harimandir Ji Patna Sahib.
It had contended that the Patna District Judge should not have made the nominations before the elections were held as it was beyond the provisions of the constitution and bylaws governing the formation of the committee.
However, the high court had concluded that it could not be said the community, which has interest in the affairs of the institution and also its management, was either marginalised or downtrodden, requiring it to invoke extraordinary remedy under Article 226 of the Constitution, bypassing other remedies available.
“We find that the District Judge’s role in the constitution being one ex officio member, he does not discharge any judicial function in that role, insofar as the constitution and bylaws of the Patna Sahib are concerned,” the HC had said.
“The petitioner is a Sikh collective (Sikh) which is not stated to be registered as a society or association and, in that circumstance, it cannot be deemed to be a legal entity,” the HC had said in its order.
Agreeing with the high court, the Bench on Monday noted that the petitioner did not raise any argument before the high court regarding the three nominations, leading to increase in the total strength of the committee.
