July 24, 2012 | By Sikh Siyasat Bureau
Chandigarh (July 24, 2012): The Sehajdhari Sikh Federation is reported to have filed its reply in the Special Leave Petition of the SGPC before Supreme Court. The respondent Sehajdhari Sikh Federation represented by its President Dr.Parmjeet Singh Ranu has raised preliminary objections on the locus standii of the SGPC for filing the Special Leave Petition (SPL).
As per media reports the 75 pages reply of the Sehajdhari Sikh Federation has given a detailed counter to all the law points raised in the SLP by the SGPC.The Sehajdhari Sikh Federation has requested the Supreme Court that the present SLP deserves to be dismissed on the short ground that the Union of India which had issued the impugned notification dated 8.10.2003 debarring the Sehajdharis to vote, has chosen not to impugn the judgment of Hon’ble Full Bench, having accepted its correctness.
The petitioner SGPC, therefore, lacks locus standi to file and maintain the present SLP, claims the reply.
It is further also claimed that in view of the ad-interim order dated August 02, 2011 of the Full Bench of Punjab and Haryana High Court; the entire election process itself was made subject to the decision by the Full Bench and the Supreme Court had affirmed the same vide order dated September 16, 2011, where by virtue of consent order of all the parties it was then directed by the Supreme Court that the result of the election would abide by the decision by the Full Bench.
“The Full Bench having quashed the notification dated 8.10.2003; the election held on 18.09.2011 to the new house is a nullity. The result of the election has been notified by Government of India vide Notification dated 17.12.2011 thereby constituting the newly elected Board but the said notification was subject to the final outcome of the writ petition pending in the High Court. Thus it inevitably follows that there is no validly constituted house/Board as on date or even on the date when a decision was taken to file the present SLP” adds the reply by Sehajdhari Federation.
It further claimed that: there being no valid resolution of the petitioner, which is a body corporate, the present SLP has not been filed by a competent person and the same also deserves to be dismissed for want of proper resolution in this regard as a body corporate can only act through a resolution as neither the Old house was in existence nor the new House has passed any resolution authorizing any one to approach the SC, therefore the SLP deserves to be dismissed on this ground alone.
The Supreme Court has only allowed the executive body of the old house to look after the day to day affairs so that the functioning of the body corporate may not suffer. This further supports the contention of the Sehajdhari Sikh Federation that there is no validly constituted body in existence, therefore the petitioner cannot maintain the present Special Leave Petition.
“The issue raised in 2003 when the SGPC passed resolutions that only keshdhari Sikhs should be allowed to vote in the SGPC elections and those with shorn hairs, trimeed or shaved beards and plucked eyebrows were termed as patits and their voting right was snatched away by an executive order by the Ministry amending the Sikh Gurdwara Act 1925” reports Punjab News Line (PNL).