Case Note & Summary
The petitioner, Sardar Manjieeth Singh Jagan Singh, challenged a notification dated 21.06.2019 issued by the State of Maharashtra nominating members to the Nanded Sikh Gurudwara Sachkhand Shree Hazur Apchalnagar Sahib Board under Section 6(1)(viii) of the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956. The petitioner contended that the notification was contrary to the Act because the power to nominate members vests in the general committee of Sachkhand Hazuri Khalsa Diwan, not the State. The State had acted on a proposal from a group claiming to be the executive committee, but the general committee had not authorized any such proposal. The court examined the language of Section 6(1)(viii) and held that the State's role is limited to notifying the names submitted by the general committee; it cannot independently select or finalize names. The impugned notification was therefore ultra vires the Act. The court quashed the notification and directed the State to call upon the general committee to submit a valid panel of nominees within a reasonable time. The petition was allowed with no order as to costs.
Headnote
A) Statutory Interpretation - Nomination Powers - Section 6(1)(viii) of Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956 - The provision requires the State to nominate members from a panel submitted by the general committee of the Diwan; the State cannot act suo motu or on proposals from rival factions. The impugned notification was based on a proposal from a group claiming to be the executive committee but without authority from the general committee. Held that the State's action was ultra vires the Act and the notification was quashed. (Paras 2-6) B) Administrative Law - Delegated Powers - Ultra Vires - The State's power under Section 6(1)(viii) is limited to notifying names received from the general committee; any independent selection by the State is without jurisdiction. The court directed the State to call upon the general committee to submit a valid panel. (Paras 5-6)
Issue of Consideration
Whether the State Government can nominate members to the Nanded Sikh Gurudwara Board under Section 6(1)(viii) of the Act, 1956 without a valid proposal from the general committee of Sachkhand Hazuri Khalsa Diwan.
Final Decision
The impugned notification dated 21.06.2019 is quashed and set aside. The State Government is directed to call upon the general committee of Sachkhand Hazuri Khalsa Diwan to submit a panel of nominees under Section 6(1)(viii) within a reasonable time. Rule made absolute. No order as to costs.
Law Points
- Interpretation of Section 6(1)(viii) of Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act
- 1956
- Power of general committee to nominate members
- State's limited role in notification
- Ultra vires government action
