H S Phoolka writes to PM requesting SGPC elections ASAP

JALANDHAR: H S Phoolka the senior advocate and AAP MLA wrote to the Prime Minister Narendra Modi to holding Shiromani Gurdwara Parbandhak Committee (SGPC) elections as soon as possible while arguing regarding the Supreme Court not passing any order extending the tenure of members whose election was notified on December 17, 2011, when it reinstated the present house.

“The government on its own has no right to give tenure till 2021 to those members elected in 2011. Accordingly, the SGPC elections were due in 2016. But by illegal means and high handedness, the members elected in 2011 are continuing to hold the office and controlling the SGPC affairs,” Phoolka has stated in the letter to the PM.

He has mentioned that the elections were set aside by the Punjab and Haryana high court. The HC held that the amendment to the Sikh Gurdwara Act by way of a notification was not a valid amendment. “As the said elections were held under this amended provision, therefore, the HC had set aside the elections. The SGPC challenged the above mentioned judgment before the Supreme Court, which passed an interim order that SGPC notified vide notification dated December 17, 2011, shall continue to function,” he has written.

“During the pendency of the case before the Supreme Court, the Parliament passed an amendment of the act giving voting rights to keshdhari (baptised) Sikhs only. On the basis of this amendment, the SGPC requested the SC to pass orders giving fresh five years tenure to the members from 2016-2021. However, this was not the correct position of law. As such the Supreme Court did not accept this plea of SGPC. It simply disposed off the appeal as having become infructuous (unprofitable). As a result, there is no judicial pronouncement giving a fresh tenure to the members notified by notification dated December 17, 2011,” he has argued.