Buzz about Sidhu Moosewala’s father contesting from Bathinda as Independent candidate
Chandigarh, May 26:
The Sehajdhari Sikh Party has filed a PIL in the Punjab and Haryana High Court through its Chief Dr. Paramjeet Singh Ranu challenging the viries and Constitutional validity of the Sikh Gurdwara Amendment Act 2016, recently enacted by the Parliament, which debarred 70 lakh of Sehajdhari Sikhs from their voting rights in the SGPC elections. The Hon’ble bench of Justice Mahesh Grover of Punjab and Haryana High Court issued notice to the Central and State Governments for 10 August 2017. A specific liberty was granted by the Supreme Court to the Sehajdhari Sikh Party to challenge the constitutional validity of the amendment Act 2016 while disposing off the SLP of the SGPC.
The petitioner alleges that neither proper facts nor any figures were placed before the competent authority Home Minister to take such a drastic step just to further political cause of allay NDA partner Akali Dal Badal. It was not born in mind that by amending the Act more than 70 lacs Sehajdhari Sikhs were being deprived of their voting rights in the SGPC elections, especially when a similar effort was done earlier by the Central Govt. amending the Act by a notification dated 08.10.2003 which was quashed by a Full Bench of High Court on 20.12.2011. This judgment of the High Court was challenged by the SGPC and not by the Central Govt., which was disposed off in view of this amendment, however, a specific liberty was granted to the Sehajdharis by Supreme Court to challenge the constitutional validity of this Amendment.
The Sehajdharis have demanded the quashing of the Amendment by which the proviso of Section 49 and 92 of the Sikh Gurdwara Act, 1925 has been amended retrospectively w.e.f. 08.10.2003 by removing the exemption given to Sehajdhari Sikhs which is an abuse of power by the Central Govt. and proper procedure has not been carried out as per the rules of the Parliament. Though in the amendment bill the ‘Objects’ were given but no ‘Reasons’ were forthcoming which were mandatory provisions for a bill, as to why the exemption given to Sehajdhari Sikhs was being removed especially when this right was conferred on Sehajdhari Sikhs by competent legislature after due deliberations and application of mind way back in the year 1944 by amending the Gurdwara Act and the said amendment had stood test of time when Sehajdharis still remain in the definition of Sikh in the Act. The petitioners alleged that there ought to have been some material or cogent reasons or change in circumstance before the NDA Govt. to undertake this ill advised action at the behest of its political ally Shiromani Akali Dal Badal and was a clear case of political expediency and appeasement.
As stated in the petition the Amendment carried out by the Parliament under bereft of any Object and Reasons, having been passed without following due process of law, being ultra vires of the Constitution, and a colourable exercise of power and with a view to circumvent the main judgment of High Court and various interim orders passed therein, vide which the elections held for constitution of the House of SGPC in the year 2011 was made subject to the outcome of the writ petition of Sehajdharis and with acceptance of that writ and quashing of the notification dated 08.10.2003, the said SGPC elected house became still born and nonest in the eyes of law especially when aforesaid judgment of High Court was not interfered by the Hon’ble Supreme Court rather a specific liberty was granted by the Apex Court to the Sehajdhari Sikh Party to challenge the constitutional validity of the Amendment Act, 2016.
The petitioners sought that in pursuant to quashing of the amendment Act, 2016 thereby restoring their rights to vote suitable directions may be issued to the Govt. to update voter list of SGPC electorate by including Sehajdhari Sikhs and to hold fresh elections for constitution of the SGPC, which was though not constituted in accordance with law as it has already expired on 17.12.2016. As per section 54 of the Act the term of the House is from the day of its constitution as notified by the Govt. and the earlier House was constituted, vide notification dated 16/17.12.2011.
