Shergill & Ors v Khaira & Ors [2017] EWHC 883 (Ch) (03 March 2017)

Shergill & Ors v Khaira & Ors [2017] EWHC 883 (Ch) (03 March 2017)

The term 'successor' in the trust deeds and constitutions includes successors in the plural, not limited to the immediate successor. The Third Holy Saint was properly appointed by Dastar Bandi ceremony and is entitled to exercise powers under the trust deeds and constitutions. There is insufficient evidence that the Third Holy Saint has departed from the tenets of Sikhism as practiced by the institution. The 2004 constitutional amendments were validly adopted with the approval of the Holy Saint and the joint management committees.

Citation
[2017] EWHC 883 (Ch)
Parties
Claimants: Daljit Singh Shergill & Ors.; Defendants: Mohinder Singh Khaira & Ors.
Jurisdiction
England and Wales
Judgment Date
03 March 2017
Procedural Posture
Chancery Division High Court Civil / Judgment After Trial
Outcome
Claim allowed. Declaration granted that the Third Holy Saint is entitled to exercise powers under the trust deeds and constitutions.
Legal Topics
Construction of Trust Deeds, Succession of Religious Office, Interpretation of Constitutions, Charitable Trusts, Religious Charities, Sikh Religious Institutions
Charity Law Trusts Religious Law Construction of Trust Deeds Succession of Religious Office Interpretation of Constitutions Charitable Trusts Religious Charities +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Daljit Singh Shergill & Ors.

Claimants

Mohinder Singh Khaira & Ors.

Defendants

Procedural Posture

Chancery Division High Court Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the ninth claimant is the Third Holy Saint entitled to exercise powers under the trust deeds and constitutions of the Gurdwaras.
  2. 2 Whether the term 'successor' in the trust deeds and constitutions includes successors beyond the immediate successor.
  3. 3 Whether the Third Holy Saint has departed from the tenets of Sikhism so as to be disqualified from exercising powers under the trust deeds and constitutions.

Ratio Decidendi

The term 'successor' in the trust deeds and constitutions includes successors in the plural, not limited to the immediate successor. The Third Holy Saint was properly appointed by Dastar Bandi ceremony and is entitled to exercise powers under the trust deeds and constitutions. There is insufficient evidence that the Third Holy Saint has departed from the tenets of Sikhism as practiced by the institution. The 2004 constitutional amendments were validly adopted with the approval of the Holy Saint and the joint management committees.

Court Disposition

Claim allowed. Declaration granted that the Third Holy Saint is entitled to exercise powers under the trust deeds and constitutions.

Orders

  • Declaration that the ninth claimant is the Third Holy Saint entitled to exercise powers under the trust deeds and constitutions of the Birmingham and High Wycombe Gurdwaras.
  • Recognition of the validity of the 2004 constitutional amendments.