- (1.) LEAVE granted. Whether rule of perpetuity would be applicable in respect of a member of a Sikh Judicial Commission (for short "commission")constituted under the Sikh Gurdwaras Act, 1925 (for short "the Act") is in question in this appeal which arises out of a judgment and order dated 13. 09. 2002 passed by a Five-Judge Bench of the Punjab and Haryana high Court in Civil Writ Petition No. 371 of 1999.
(2.) THE Act was applicable to the entire territories of the undivided state of Punjab including PEPSU. By reason of the provisions of the state Reorganisation Act, 1956, the State of Himachal Pradesh was constituted, having been carved out from the State of Punjab. Another Parliamentary Act, being Punjab Reorganisation Act, 1966 (for short "the 1966 Act") was enacted in terms whereof the State of Punjab was divided into the State of Punjab, the State of Haryana and the Union Territory of Chandigarh. The Central Government admittedly is the appropriate authority for passing requisite orders in relation to the matters involving inter-State boards as envisaged under Section 88 of the 1966 Act. It issued a notification dated 19. 10. 1978 nominating the State of Punjab for the purpose of exercising its power under the 1966 Act.
(3.) IN terms of the provisions of the Act, the Shiromani Gurdwara prabandhak Committee (hereinafter referred to as "the Board") was constituted. Appellant was appointed as a member of the Commission in terms of a notification dated 4. 07. 1989. He was elected the President thereof. Along with him one S. Dara Singh and S. Raghbir Singh were also appointed as members of the Commission. A new Board was constituted on 21. 11. 1996. While the commission was functioning with the said members, the State of Punjab issued a notification on 6. 01. 1999 whereby and whereunder all the members including the appellant were removed and in their places S. Man Mohan Singh, S. Amrik Singh and S. Ajwant Singh Mann were appointed.;