HSGMC polls: No need for political parties to manage Sikh body affairs: HC
The SAD was barred from contesting the polls as per provisions of the Haryana Sikh Gurdwara (Management) Act, 2014 due to its status as a registered political party under the Representation of the People Act (RPA), 1951
The Punjab and Haryana high court has dismissed a plea from Shiromani Akali Dal (SAD) against the party’s disqualification to contest the Haryana Sikh Gurdwara Management Committee (HSGMC) elections asserting that politicians, as individuals, have neither been barred from contesting nor from winning the elections.
The SAD was barred from contesting the polls as per provisions of the Haryana Sikh Gurdwara (Management) Act, 2014 due to its status as a registered political party under the Representation of the People Act (RPA), 1951. The HSGMC elections are set to be held on January 19.
It was in December, the SAD had moved high court challenging the decision to disqualify the party from contesting HSGMC polls on the ground that it is a registered political party with the Election Commission of India (ECI) under the Representation of the People Act (RPA),1951.
The high court bench of justice Anil Kshetarpal and justice Harpreet Kaur Jeewan observed that “The obvious purpose is to discourage political parties to contest elections of HSGMC as a group. An effort has been made to exclude politicisation of the HSGMC which has been constituted for managing the gurudwaras located in the state of Haryana and to preserve its properties.” “A Sikh Gurdwara is a sacred place of worship. The provision seeks to avoid the potentially harmful blend of religion and politics,” the bench added.
The court noted that politicians as individuals even if they are members of registered political parties are not debarred from contesting the election. However, they have not been permitted to form a group/organisation to collectively contest the elections as a group. “A political party is an association of like-minded individuals sharing a common political philosophy. The committee is not a political body; it exists to manage the affairs and properties of the gurdwaras in accordance with the principles established by the founders of the religion. In the absence of any infringement of legal or constitutional rights, a registered political party cannot claim an absolute right to participate as a group,” the bench observed.
The court recorded that as alleged by the SAD, the commissioner has not overstepped the domain of the legislature and these provisions were added in the 2014 Act to prevent the politicisation of the managing committee.
“Reservation on basis of caste and gender against philosophy of Sikh religion”: HC
To a demand raised in another plea about reservation based on caste and gender, the high court observed that seeking reservation on this basis, for the purpose of elections in a Sikh religious institution will go against the irreproachable philosophy of the Sikh religion.
“..the division of society based on caste or creed contradicts the fundamental principles of Sikhism. Guru Nanak, the founder of the Sikh religion, always advocated for a casteless society. The philosophy of Sikh religion emphasises on Oneness of all human beings,” it said.
“The Sikhism founded by Guru Nanak underscores the importance of principle ‘Ek Noor Te Sab Jag Upjya’-which signifies that from one light, i.e. from a universal source, the entire universe is made of. The initial word in Guru Grant Sahib is ‘IK ONKAR’, which denotes that there is only one ‘Universal Creator’ i.e. ‘God’ referred to as ‘Onkar’,” the bench recorded adding that it also implied oneness in all forms of mankind.
“Sikhism abides by its philosophies and tenets and the practice of Langar is the best example of oneness, langar halls are one of those places where everyone is treated equally and offered a meal; where attendees sit on the floor and eat simple food,” it observed dismissing the pleas.
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