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HC declines to stay SGPC polls

Last Updated: Wednesday, August 3, 2011 - 18:40

Chandigarh: The Punjab and Haryana High
Court on Wednesday declined to stay the Shiromani Gurdwara Prabhandak
Committee elections slated for September 18.

The court issed notices to the Union of India and the
Gurdwara Election Commission returnable by August 16 while
declining to stay the SGPC elections.

A Full Bench of the High Court comprising Justice M M
Kumar, Justice Alok Singh and Justice Gurdev Singh passed the
order on a writ petition filed by Harbans Singh Khandola and
the Sehajdhari Sikh Federation.

It said the election process, beginning tomorrow,
would continue subject to the decision of the writ petition.

The petitioners contended a large number of Sehajdhari
Sikhs were debarred from voting in the SGPC polls by the then
NDA government.

A notification to this effect was issued by the Home
Ministry on October eight, 2003, they said.

Challenging the notification, the Sehajdhari Sikh
Federation had then moved the High Court arguing the Central
Act could not be amended by a mere notification on such a
crucial issue.

Meanwhile in 2004, elections were announced for the
SGPC General House and a writ petition was filed in the High
Court seeking a stay on the poll process.

A Division Bench comprising Justice Rajiv Bhalla and
Justice Surya Kant on May 31, 2004 had stated the "election
process shall be subject to the outcome of the the writ

Demanding a stay on the election process, the fresh
petition argued that the 2004 elections were held and till
date this order stands.

Moreover, as the main case had not been decided yet,
how fresh elections could be held before the decision of the
pending case, the petitioners argued.


First Published: Wednesday, August 3, 2011 - 18:40
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