SARDAR BAHGINDER SINGH S/O GURUCHARAN SINGH versus SARDAR MANJIEETH SINGH JAGAN SINGH AND ORS.

SARDAR BAHGINDER SINGH S/O GURUCHARAN SINGH versus SARDAR MANJIEETH SINGH JAGAN SINGH AND ORS.

Section 6(1)(viii) of the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956 entrusts the power to nominate four members to the Sachkhand Hazuri Khalsa Diwan, Nanded — understood as the collective body of all members entitled to vote under the Diwan's memorandum/bye-laws — and that the State Government's notification dated 21 June 2019 purporting to nominate four members was contrary to that provision and therefore invalid; pending factual disputes regarding membership must be determined in the pending inquiries under Section 22 of the MPT Act, and the nomination process by the Diwan must be completed in accordance with prescribed rules and within the time directed by...

Parties
Appellant: SARDAR BAHGINDER SINGH; Respondent: SARDAR MANJIEETH SINGH JAGAN SINGH
Jurisdiction
India
Judgment Date
20 August 2020
Procedural Posture
Civil Appeal / Appeal From High Court
Outcome
Appeals disposed of; High Court judgment upholding setting aside of State notification dated 21 June 2019 affirmed
Legal Topics
Nomination Under Section 6(1)(viii), Maharashtra Public Trusts Act Matters, Nanded Sikh Gurudwara Act Provisions, Rules and Bye Laws, Change Reports Under Section 22 MPT Act
Trusts and Charities Statutory Interpretation Administrative Law Nomination Under Section 6(1)(viii) Maharashtra Public Trusts Act Matters Nanded Sikh Gurudwara Act Provisions Rules and Bye Laws Change Reports Under Section 22 MPT Act

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Parties

SARDAR BAHGINDER SINGH

Appellant

SARDAR MANJIEETH SINGH JAGAN SINGH

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court

Legal Issues

  1. 1 Whether the State Government notification dated 21 June 2019 nominating four members under Section 6(1)(viii) of the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956 was valid
  2. 2 Whether the power to nominate four members under Section 6(1)(viii) is exclusively vested in the Sachkhand Hazuri Khalsa Diwan, Nanded and the meaning of the expression 'Diwan' in the statute
  3. 3 Whether the Supreme Court should adjudicate factual disputes or await conclusion of pending inquiries under Section 22 of the MPT Act

Ratio Decidendi

Section 6(1)(viii) of the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956 entrusts the power to nominate four members to the Sachkhand Hazuri Khalsa Diwan, Nanded — understood as the collective body of all members entitled to vote under the Diwan's memorandum/bye-laws — and that the State Government's notification dated 21 June 2019 purporting to nominate four members was contrary to that provision and therefore invalid; pending factual disputes regarding membership must be determined in the pending inquiries under Section 22 of the MPT Act, and the nomination process by the Diwan must be completed in accordance with prescribed rules and within the time directed by...

Court Disposition

Appeals disposed of; High Court judgment upholding setting aside of State notification dated 21 June 2019 affirmed

Orders

  • Notification dated 21 June 2019 is held to be invalid and the conclusion of the High Court is upheld
  • Inquiry Application No. 44 of 2019 and Inquiry Application No. 114 of 2019 pending before the Assistant Charity Commissioner, Nanded shall be concluded and disposed of in accordance with law within three months from the date of this judgment