- (1.) This order shall dispose of CWP No. 17771 of 2003, CWP No. 14179 of 2010 (Hans Raj v. Union of India and others) and CWP No. 11841 of 2010 (Harbans Singh Kandhola v. Union of India and others) as common question of law and facts are involved.
(2.) In CWP No. 17771 of 2003, the petitioner has challenged notification dated 8.10.2003 (P-3) issued by the respondent-Union of India whereby in Sections 49 and 92 of the Sikh Gurdwaras Act, 1925 (for brevity, ''1925 Act''), the word "Sehajdhari" has been omitted. The said amendment has been made by the Union of India in exercise of the power conferred under sub-sections (1) read with sub-sections (2) and (3) of Section 72 of the Punjab Reorganisation Act, 1966 (for brevity, ''1966 Act''), on a resolution passed by the Shiromani Gurdwara Prabandhak Committee, Amritsar. The primary grievance of the petitioner in the said case is that by virtue of the omission of word ''Sehajdhari'', a large number of ''Sehajdhari Sikhs'' have been deprived of their right to vote in the elections of SGPC and other related Boards and Committees. A further direction has been sought from restraining the Chief Commissioner, Gurudwara Electionsrespondent No. 3 from finalising the electoral rolls and starting the election process of SGPC Board.
(3.) In CWP No. 11841 of 2010, the petitioner has challenged the constitutional validity of Section 44 of the 1925 Act being ultra vires of the Constitution. A direction has been sought directing the respondents to make amendment in the electoral registration form and register the electors for elections to the Board of SGPC strictly as per Rule 3 of the Sikh Gurdwaras Board Elections Rules, 1959. Challenge has also been made to the notification dated 17.9.2009 (P-1). It has been alleged that the said notification has been issued by the Union of India for the purpose of creation and rotation of constituencies without ascertaining the number of electors in general as well as Schedule Castes/Women voters or SC women population in a particular constituency.;