CHANDIGARH: Taking up the petition seeking voting rights for Sehajdhari Sikhs in the SGPC elections, the Punjab and Haryana High Court issued notice of motion for September 28 to the Union government, Gurdwara Election Commission and the Punjab government.
In a petition filed before the Bench of Chief Justice Mukul Mudgal and Justice Ajay Tewari, a Sahajdhari Sikh has challenged the action of the Union of India and other respondents, “whereby the Sahajdhari Sikhs are not being considered as Sikhs in view of the impugned amended Section 49 and Section 92 of the Gurdwara Act.”
In the petition filed through counsel Mansur Ali and H.S. Deol, Hans Raj of Jalandhar district has contended special voting rights were given to Sahajdhari Sikhs in 2002. As such, it is evident that “Sahajdhari Sikhs were recognised as Sikhs and got all electoral rights thereof”.
The petitioner added that up to 2003 Sahajdhari Sikhs were considered as Sikhs. But at present “the respondents are restraining the definition of Sikhs by ousting Sahajdhari Sikhs by amending Section 49 and Section 92 of the Act.”
Going into the legality of the action, the petitioner said the original Act declared Sahajdhari Sikhs as qualified electors for the SGPC elections; and the apex court in numerous judgments held the state cannot regulate the definition of religion.
As such, the state authorities cannot fetter the definition of Sikhs in general and Sahajdhari Sikhs in particular, when religion is not within the bounds of any kind of legislation.
The petitioner said Sahajdhari Sikhs were ones not born in Sikh families, but were followers of the Sikh religion for all intents and purposes.When even the preachers have not restricted any man from entering the Sikh fold, the action of the respondents in creating a class within a class is bad in law.
http://www.punjabnewsline.com/conte...ri-sikhs-sgpc-elections-filed-punjab-hc/22770
In a petition filed before the Bench of Chief Justice Mukul Mudgal and Justice Ajay Tewari, a Sahajdhari Sikh has challenged the action of the Union of India and other respondents, “whereby the Sahajdhari Sikhs are not being considered as Sikhs in view of the impugned amended Section 49 and Section 92 of the Gurdwara Act.”
In the petition filed through counsel Mansur Ali and H.S. Deol, Hans Raj of Jalandhar district has contended special voting rights were given to Sahajdhari Sikhs in 2002. As such, it is evident that “Sahajdhari Sikhs were recognised as Sikhs and got all electoral rights thereof”.
The petitioner added that up to 2003 Sahajdhari Sikhs were considered as Sikhs. But at present “the respondents are restraining the definition of Sikhs by ousting Sahajdhari Sikhs by amending Section 49 and Section 92 of the Act.”
Going into the legality of the action, the petitioner said the original Act declared Sahajdhari Sikhs as qualified electors for the SGPC elections; and the apex court in numerous judgments held the state cannot regulate the definition of religion.
As such, the state authorities cannot fetter the definition of Sikhs in general and Sahajdhari Sikhs in particular, when religion is not within the bounds of any kind of legislation.
The petitioner said Sahajdhari Sikhs were ones not born in Sikh families, but were followers of the Sikh religion for all intents and purposes.When even the preachers have not restricted any man from entering the Sikh fold, the action of the respondents in creating a class within a class is bad in law.
http://www.punjabnewsline.com/conte...ri-sikhs-sgpc-elections-filed-punjab-hc/22770
