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DGPC Jammu polls: HC directs Div Com to take steps for polls

Kashmir Times. Dated: 7/8/2013 1:10:52 AM

JAMMU, Jul 7 (JNF): Justice Hasnain Massodi of J&K High Court Jammu wing has directed Divisional Commissioner Jammu to take over the responsibility of District Gurudwara Prabandhak Committee Jammu from the petitioners.
The court also directed Divisional Commissioner Jammu to take steps for election of DGPC Jammu and take the election process to its logical end as far as possible by September 30, 2013.
The direction of court came while disposing of two petitions pertaining to the controversy related to the constitution of District Gurudwara Prabandhak Committee Jammu in accordance with J&K Sikh Gurudwaras and Religious Endowment Rules.
Justice Hasnain Massodi of J&K High Court Jammu wing after hearing the advocates of petitioners and respondents directed Divisional Commissioner Jammu to take over the responsibility of District Gurudwara Prabandak Committee Jammu from the petitioners.
“The committee shall be constituted vide SRO 357 of 2008 dated November 10, 2008 at 10:00 AM on July 8, 2013 and thereafter shall perform the duties of Gurudwara Prabandhak Committee and discharge its duties qua the affairs of the committee and Gurudwaras to be looked after/managed by the Committee in accordance with J&K Sikh Gurudwaras and Religious Endowment Act 1973 and J&K Sikh Gurudwaras and Religious Endowment rules 1973 and the rules if any, in force as on dated without taking any policy decision otherwise expected not to be taken by an adhoc or transitory authority, till the elections are held,” the Justice Massodi held.
Justice Massodi observed that the petitions with the consent and on agreement of counsels for parties was disposed of with the terms that the notification dated November 10, 2008 (SRO 357 of 2008) and notification dated December 19, 2011 (SRO 375 of 2011) should cease to be in force from July 8, 2013.
The Court also directed Divisional Commissioner Jammu to take steps for election of DGPC Jammu and take the election process to its logical end as far as possible by September 30, 2013.
State High Court also directed, “The state government, as first step towards election to the committee, shall appoint election authority within two weeks from the date of this order. The election authority shall cause the electorate roll to be prepared within two weeks, allot symbols, appoint returning officers, presiding officers. The Returning Officer shall within one week, after he is appointed, shall notify the date of holding the election, date of submissions of nomination papers, time and date of scrutiny of nomination papers and steps for smooth conduct of election.”
Justice Massodi further directed, “The Divisional Commissioner shall hand over the charge to the DGPC Jammu immediately after the constituted committee and in any case by or before September 30, 2013” and disposed of the petition.
Senior advocate M K Bhardwaj with advocates Ajay Abrol and Anil Sethi appeared for the petitioners while Deputy AG S Hakim appeared for the state respondents, senior advocates K S Johal with advocate Aakash Choudhary appeared for the respondents, senior advocate UK Jalali with advocate Priyanshu appeared for the intervener.