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Sehajdhari Row: Supreme Court of India admits special leave petition of SGPC

October 5, 2013 | By

New Delhi, India (October 05, 2013): It is learnt that the Supreme Court of India (SCI) on October 04, 2013 admitting a special leave petition (SLP) filed by Shiromani Gurdwara Prabhandak Committee (SGPC) seeking approval of the SGPC general house which was elected following the 2011 elections. Admitting the SLP, the court, however, declined to put its stamp of approval on the September 2011 general house.

Sehajdhari Row - Supreme Court of India accepts SLP by SGPCIn its order, the court made it clear that the SLP would be decided along with the rest of the case pertaining to voting rights of Sehajdharis (non-Sikhs who believe in principles of Sikhism and follow Sikh customs and traditions).

In it’s petition the SGPC led by Avtar Singh Makkar has challenged the verdict of the Punjab and Haryana High Court allowing voting rights to the so-called “Sehajdharis” in general elections of SGPC. SGPC is a statutory body formed under Indian law to manage the affiars of historic Sikh Gurdwaras in Punjab and adjoining states of Haryana, Himachal Pradesh and Chandigarh.

The All India Sehajdhari Federation led by Paramjit Singh Ranu had moved the high court, challenging a 2003 notification of the central government debarring Sehajdharis from exercising their franchise in the SGPC general elections.

Paramjit Singh Ranu led Sehajdhari Federation had moved the court as the government did not allow Sehajdharis to vote in the September 2011 polls, which the ruling Shiromani Akali Dal (SAD) won easily. The HC ruled in Sehajdhari Federation’s favour, but it was silent on the legality of the 2011 elections.

In December 2012, the SGPC moved the apex court against the HC verdict. The apex court, while hearing the case, has held that the SGPC office-bearers and executive elected in November 2010 would continue to function till the final outcome of the case.

Due to this order, SGPC president Avtar Singh Makkar and other office-bearers and executive members have continued in office, performing their normal duties. The SGPC general house used to elect the president and other office-bearers and an 11-member executive in November every year.

In view of this case, budget sessions of the SGPC have not taken place for the past two years. The executive has passed the annual budgets instead of the general house as the legality of the September 2011 general house is yet to be decided.

In October 04, 2013 order, the SCI observed that the SLP and the entire case would be decided within a year. This order came after the SGPC counsel sought recognition of the 2011 house.

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