- (1.) RAJESH Tandon, J. Heard Sri M. S. Pal, Sr. Advocate assisted by Sri S. K. Mandal and Sri C. S. Bagadwa, Counsel for the petitioners and Standing Counsel for State of U. P. , State of Uttaranchal and the Central Government.
(2.) BY the present writ petition the petitioners have prayed for a writ of mandamus directing the respondents to frame the scheme of management for the administration of Gurudwara Nanakmata Sahib in conformity with the judgment dated 20-8-1935 passed by Mr. J. R. W. Benett Esquire, ICS, District Singh and Ors. v. Chaudhary Ram Singh Sarupnand, under Section 92 of the Code of Civil Procedure. Further prayer has been made for a writ of certiorari quashing the BYelaws so framed and registered under Societies Act, in 1959. According to the case of the petitioners, Gurudwara Sri Nanakmatta Sahib is one of the most sacred and religious places of Sikh Shrine and much revered by the Sikh community in particular and others in general. According to the petitioners Gurudwara Shri Nanakmatta Sahib has a very respected history behind, where Guru Nanak Dev, the first Guru of Sikh Panth visited this place some 526 years back and sowed the seeds of Sikh religion from the said place in this region and eventually by the efflux of time, he brought changes and the area started expanding in length and breadth and attracting persons having deep faith in the holy Guru and Sikhism eventually. A civil suit under Section 92 of the Code of Civil Procedure was filed before the District Judge, Kumaon in the year 1934. The suit was registered as Civil Suit No. 3 of 1934 (N) between Sardar Santok Singh and Ors. v. Chaudhary Ram Singh alias Sarupanand. The District Judge delivered its judgment on 20-8-1935 and framed guidelines for administration and management of the Shrine Gurudwara Nanankmatta. No appeal was preferred thereafter by any of the parties before the higher Courts against the aforesaid order passes by the District Judge, Kumaon and the judgment and decree have become final and binding to all the parties.
(3.) THE petitioners have alleged that an application dated 10-7- 1959 under the Societies Act, was moved before the Registrar, Societies and Chits, Kumaon Region (Hardwar) by the managing committee of the Gurudwara Shri Nanakmatta Sahib with its aims and objects. THE petitioners filed a Memorandum of Association/certificate for the renewal of the Society dated 27- 11-1995, Annexure-2 to the writ petition. Amendment was also made in the Rules and Regulations in the year 1997 amended rules and regulations were also annexed as Annexure-3 to the writ petition. THE petitioners have alleged that the framing of rules and registration of committee for the management of the Shrine is violative of the judgment and decree passed by the District Judge, Kumaon in Civil Suit No. 3 of 1934 (N ). Registration of the Gurudwara Prabandhak Committee Shri Nanakmatta Sahib by the Registrar of U. P. , Lucknow is erroneous in the eyes of law in view of the final judgment and decree passed by the District Judge, Kumaon. THE petitioners have submitted that the registration had been done with mala fide intention inter alia is ultra vires, and is a nullity and is liable to be struck down. In the violation of the order passed by the District Judge, the Society has inducted number of members of the Committee from 5 to 31 in order to gain the personal and political interests of certain influential and politically strong Sikh politicians. THE society formed in the year 1959, did not even effectively manage the affairs of the estate of the Gurudwara and protected and managed the financial and religious interest of the Gurudwara and has always remained a fraction ridden management resulting into the serious acrimony among themselves. The petitioners have alleged that the management and administration of the Shrine is deteriorating. The money generated by the devotees in the form of offerings should have been put to a maximum use for the up-liftment of the Shrine in general and the Sikh Community in particular.;