Finding fault with the SGPC’s move to challenge the Punjab and Haryana High Court’s decision revoking voting rights of Sehajdharis, the Sehajdhari Sikh Party on Sunday claimed that SGPC secretary is “not a valid authority” to file a plea in the apex court.
SGPC secretary Dalmegh Singh has filed a special leave petition in the Supreme Court challenging HC’s judgment dated December 20, 2011, where the Full Bench headed by Justice Surya Kant has quashed the Centre’s notification, dated October 8, 2003, via which the Sehajdhari Sikhs were debarred from voting right.
Referring to the landmark Justice Liberhan’s judgement, party’s national president PS Ranu said that SGPC secretary is not a valid authority because the SGPC is a body corporate and all body corporates can only speak through resolutions. “The same has been ruled in the High Court’s judgment by Justice Liberhan in case ‘Sadhu v/s Gram Panchayat of Village Akalian’ which said that the Corporates are not the living persons and can speak only through resolutions.
In absence of a resolution authorising a particular person to act or to conduct or to defend case, that act or deed shall be deemed to be without any authority and the act or result of the case cannot be binding on the corporate body.”
He maintained that after November 30, 2011, the term of SGPC president stand expired and no new office bearer has been elected even after the December notification by which the new Board was to be constituted by the Centre.
He added that as per section 54 of the Sikh Gurudwara Act 1925, its mandatory to hold the first meeting not later than one month from the date of notification constituting the Board and even that has lapsed on 16.1.2012, and now the House is nullified and secretary cannot take an independent decision in the absence of SGPC General House or Executive Committee or the president.
Ranu also added that the Sehajdharis have also filed a caveat in the Apex Court so that they may be heard before passing any interim order in any appeal against the Full Bench orders. But, till today no notice has been received by their advocates.
News Source: Daily Pioneer
