DHANANJAYA Y.CHANDRACHUD, J. - (1.) Leave granted.
(2.) Prior to the re-organisation of states, the Hyderabad Legislative Assembly enacted a law called the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act 1956[1]. On receiving the assent of the President on 16 September 1956, the Nanded Act 1956 was published in the Hyderabad Government Gazette on 20 September 1956. Section 2(c) defines the expression 'Gurudwara' thus: "'Gurudwara' means the institution known as the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib and includes the premises called the Gurudwara with all buildings contained therein, together with all additions thereto or alterations thereof which may hereafter be made from time to time and shrines specified in the schedule." [1] "the Nanded Act 1956"
(3.) Chapter II is titled "Control of the Gurudwara". Section 3 provides for the constitution of a Board for the administration of the Gurudwara and a Committee of Management. Section 4 provides for the administration of the affairs of the Gurudwara by the Board in accordance with the provisions of the Nanded Act 1956. The Board is constituted by the provisions of Section 5 to be a body corporate. The controversy in this case turns on the interpretation of Section 6 which provides for the composition and constitution of the Board. The provision is extracted below: "Section 6(1) The Board shall consist of: i) Two members nominated by the Government; ii) Three members nominated by the Government from the Sikhs of the State: Provided that after the expiration of the first term of the Board these three members shall be elected from among the Sikhs of the State in such manner as may be prescribed; iii) One member nominated by the Government from among the Sikhs of the cities of Hyderabad and Secunderabad; iv) One member nominated by the Shiromani Gurudwara Prabandhak Committee from among the Sikhs of the State of Madhya Pradesh; v) Three members nominated by the Shiromani Gurudwara Prabandhak Committee; vi) Two members elected by and from among the Sikh members of the Parliament; vii) One member nominated by the Chief Khalsa Diwan of Amritsar; viii) Four members nominated by the Suchkhand Hazur Khalsa Diwan, Nanded. 2) The nomination and election of members under this section shall be made in such manner and within such period as may be prescribed. 3) i) If the members mentioned in clauses (iv) to (vii) (both inclusive) of sub-section (1) are not nominated or elected, as the case may be within the prescribed period, the Government shall specify such further period as it may deem fit within which such members shall be nominated or elected. If such members are not nominated or elected within the further period so specified the Government shall nominate a person or persons to fill the vacancy or vacancies, as the case may be and the person or persons so nominated shall be deemed to be a member or members duly nominated or elected by the respective body. ii) The term of office of the members nominated under clause (i) shall expire at the time at which it would have expired if he had been nominated or elected, as the case may be, within the period prescribed under sub-section (2). 4) After the members have been nominated or elected, as the case may be, in accordance with the foregoing provisions the Government shall notify the fact of the Board having been duly constituted; and the date of the publication of the notification shall be deemed to be the date of the constitution of the Board." Section 10 provides that where a vacancy occurs in the Board owing to death, resignation or for any other reason, the new member is to be nominated or elected in the manner in which the member whose seat is to be filled was nominated or elected. Section 11 provides for the election of a President. Section 22 (1) provides for the constitution of a Committee of Management consisting of (i) the Collector of Nanded or an officer appointed by the government; (ii) the Superintendent of the Gurudwara as an ex officio member; and (iii) three members nominated by the Board at its first meeting in the prescribed manner from among the Sikhs of Nanded. Under Section 36(i), the management, control and superintendence of the administration of the Gurudwara is to vest in the Board. The Board is entrusted with the duty of ensuring that the Gurudwara and its endowments are properly maintained, controlled and administered and that its income is duly applied to the objects and purposes for which they were intended. The Committee carries on day to day administration of the Gurudwara under Section 37(1) in accordance with the directions of the Board. The objects on which the funds of the Gurudwara may be spent are specified in Section 39[2].The Government is empowered to supersede the [2] Section 39: 1) Subject to any rules that may be made by the Government in this behalf, all properties and income of the Gurudwara shall be under the control of the Board and shall be applied to:- a) the maintenance or improvement of the Gurudwara. b) the maintenance of religious worship and the performance and conduct of religious and charitable duties ceremonies and observances connected with the Gurudwara. c) the payment of allowances or salaries of officers and servants of the Gurudwara. d) the fulfilment of the objects of the endowments thereof. e) the maintenance of the langar. f) the payment of the cost of audit of the funds and accounts of the Gurudwara. g) the payment of the salary and allowances of the Secretary and Staff of the Board and the Committee and the Superintendent of the Gurudwara. h) the payment of allowances to the President and members of the Board and the Committee and members of the Committee. i) the payment of all expenses incurred by the Board in the performance of the duties imposed, and the exercise of the powers conferred by or under this Act. 2) If any balance remains after meeting the expenditure referred to sub-section [1] the Board may use any portion of such balance for- a) the foundation and maintenance of educational or charitable institutions and orphanages for the benefit of the Sikhs in particular. b) the establishment of hospitals and dispensaries for the relief of the pilgrim and worshippers resorting to the Gurudwara. c) the construction and maintenance of free feeding house and the rest houses for the use of all classes of pilgrims. d) the provision of water supply and sanitary arrangements, and the construction and maintenance of roads and communications and lighting arrangements for the convenience of the pilgrims and worshipper. e) the establishment and maintenance of a veterinary hospital for the animals of the Gurudwara. Leper asylum and poor houses for the disabled and helpless. f) the promotion of the study of the Gurumukhi or any other language and the cultivation of the Indian arts and architecture , and the prachar of the Sikh religion. g) the grant of aid to any other deserving religious institution, h) any other purposes which the Board may deem fit. Board under Section 53 in the event, inter alia, of a default in the performance of duty or where it has acted in excess or abuse of its powers. Section 61(1) entrusts a rule making power to the Government. The rule making power extends among other things to providing the manner in which and the period within which the members of the Board shall be nominated or elected under Sub-section 1 of Section 6. ;