VidhiSangh

Supreme Court of India · 20/08/2020

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

[2020] 14 S.C.R. 349 · 2020 INSC 501

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The authority to nominate four members to the statutory Gurudwara Board belonged to the Sachkhand Hazuri Khalsa Diwan’s entire voting membership, rather than its President, office bearers, Working Committee or the State Government. The State’s notification selecting nominees from conflicting factional claims was invalid. The Court affirmed its quashing and directed completion of the pending change-report inquiries and a lawful nomination process within three months, with the Assistant Charity Commissioner supervising the meeting and determining eligible voters.

Issues

  1. Who could nominate the Diwan’s four representatives under Section 6(1)(viii).
  2. Whether the State could resolve competing factional nominations by selecting members itself.

Provisions considered

Held

Result

Appeals disposed of, affirming the invalidity of the State notification dated 21 June 2019 and issuing time-bound inquiry and nomination directions. Interim continuation of the invalidly notified members refused. No order as to costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 14 S.C.R. 349.