Sandhu v Singh & Ors

Sandhu v Singh & Ors

The 2015 elections for the board of 5 Singhs and the Management Committee at the Guru Nanak Gurdwara were invalid because the congregation was denied a genuine and reasonable opportunity to object, contrary to the Constitution. The disregard of the congregation’s right to object is fatal to the validity of the elections. As a result, neither the 5 Singhs nor the MC were validly elected, and both lack authority to act.

Parties
Part 20 Claimant: Sukhbinder Singh Sandhu; Part 20 Claimant: Surjit Singh Mattu; Part 20 Claimant: Ajit Singh Brainch; Part 20 Defendant: Tarsem Singh; Part 20 Defendant: Manjit Singh Boparai; Part 20 Defendant: The Charity Commission; Part 20 Defendant: Her Majesty’s Attorney General
Jurisdiction
England and Wales
Judgment Date
28 March 2018
Procedural Posture
Civil (charity/trusts) / Judgment After Full Trial
Outcome
Claim allowed; declaration of invalidity of 2015 elections.
Legal Topics
Election Validity, Interpretation of Constitutions, Charity Governance, Procedural Fairness, Religious Associations
Charity Law Trusts Constitutional Law (associations) Election Validity Interpretation of Constitutions Charity Governance Procedural Fairness Religious Associations

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Parties

Sukhbinder Singh Sandhu

Part 20 Claimant

Surjit Singh Mattu

Part 20 Claimant

Ajit Singh Brainch

Part 20 Claimant

Tarsem Singh

Part 20 Defendant

Manjit Singh Boparai

Part 20 Defendant

The Charity Commission

Part 20 Defendant

Her Majesty’s Attorney General

Part 20 Defendant

Procedural Posture

Civil (charity/trusts) / Judgment After Full Trial

Legal Issues

  1. 1 What are the constitutional requirements for electing the Management Committee (MC) and the board of 5 Singhs at the Guru Nanak Gurdwara?
  2. 2 Was the election of the 5 Singhs on 2.5.15 valid?
  3. 3 Did the congregation have a genuine opportunity to object to the 5 Singhs and the MC?

Ratio Decidendi

The 2015 elections for the board of 5 Singhs and the Management Committee at the Guru Nanak Gurdwara were invalid because the congregation was denied a genuine and reasonable opportunity to object, contrary to the Constitution. The disregard of the congregation’s right to object is fatal to the validity of the elections. As a result, neither the 5 Singhs nor the MC were validly elected, and both lack authority to act.

Court Disposition

Claim allowed; declaration of invalidity of 2015 elections.

Orders

  • Declaration that the 5 Singhs and the current MC were not elected in accordance with the Constitution.
  • Declaration that the 5 Singhs and the current MC have no authority and are to be removed from office.