Notice to Centre, state on Sehajdharis’ plea

Tribune News Service

Chandigarh, May 26

The Punjab and Haryana High Court today issued notice of motion to the Centre and Punjab on a petition challenging the Sikh Gurdwara Amendment Act, 2016, which debars 70 lakh Sehajdhari Sikhs from casting votes in the SGPC elections.

The notice for August 10 by the Bench of Justice Mahesh Grover and Justice Shekher Dhawan came on a petition filed by the Sehajdhari Sikh Party through its national chief, Dr Paramjeet Singh Ranu.

The petitioner alleged it has every reason to believe that neither proper facts nor figures were placed before the competent authority, the Home Minister, to take such a drastic step just to further the political cause of SAD.

The petitioner claimed that the Bill, proposed to carry out the amendment retrospectively from October 8, 2003, for removing the exemption given to Sehajdharis was an abuse of power by the Centre.

The object was given in the amendment Bill, but reasons were not forthcoming why exemption given to Sehajdhari Sikhs was being taken away. The right was conferred on Sehajdharis in 1944 by amending the Act of 1925. The petitioner said an earlier effort on the part of the Centre by issuing a notification in 2003 was quashed by the High Court in 2011.

The judgment was challenged which was disposed in view of the amendment. However, a specific liberty was granted to the petitioner to challenge the constitutional validity of the Amendment Act of 2016.

Petitioner’s questions 

• Does the impugned amending Act violate the spirit of democracy?
• Is it in violation of Article 26 on freedom to manage religious affairs?
• Could the Act of 1925 be amended without the mandatory procedure for presentation of Bill and passing of Act?
• Could the right of Sehajdhari Sikhs to vote in SGPC elections, conferred upon them by carrying out amendment in the 1925 Act in 1944 by legislature of competent jurisdiction, be taken away?