SARDAR BAHGINDER SINGH S/O GURUCHARAN SINGH versus SARDAR MANJIEETH SINGH JAGAN SINGH AND ORS.

Citation: [2020] 14 S.C.R. 349 · Decided: 20-08-2020 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Disposed off

Judgment (excerpt)

[2020] 14 S.C.R. 349
349
 SARDAR BAHGINDER SINGH S/O GURUCHARAN SINGH
 v.
SARDAR MANJIEETH SINGH JAGAN SINGH AND ORS.
(Civil Appeal No. 2964 of 2020)
AUGUST 20, 2020
[DR. DHANANJAYA Y CHANDRACHUD AND
K. M. JOSEPH, JJ.]
Nanded Sikh Gurudwara 
Sachkhand Shri 
Hazur
Apchalnagar Sahib Act, 1956 __ ss.6(1)(viii); 2(a),(c),(e), 5,
6(2)&(3) – Nomination to Board u/s.6(1)(viii) – Conflicting claims
– State Government through notification nominated four members
(appellants) to the Board u/s.6(1)(viii) – Challenged by respondents
– Notification set aside by High Court – On appeal, held: Two distinct
entities are dramatis personae in the present case – First is the public
trust registered under the provisions of 1950 Act – Second body is
a statutory body – Exclusive statutory authority for making the
nomination of four members u/s.6(1)(viii) is vested in the Sachkhand
Hazuri Khalsa Diwan, Nanded – Statute does not expressly define
the expression “Diwan” – Diwan was constituted as a society initially
in 1350 Fasli and was registered as a public trust under the MPT
Act in 1982 – s.6(1)(viii) clearly indicates that it is the Diwan alone
which has the power to make a nomination of four members – State
Government cannot assume that power to itself – Notification issued
by State Government was contrary to s.6(1)(viii) – Maharashtra
Public Trusts Act, 1950 – Nanded Sikh Gurudwara Rules, 1958 –
r.6.
Disposing of the appeals, the Court
HELD: 1.1 There is a maze of conflicting claims between
the two factions, including the issue of the alleged removal of the
first respondent as a trustee of the Diwan. The High Court has
appropriately not embarked upon an enquiry to adjudicate upon
these claims. Justifiably so, since two inquiry applications which
have been filed under Section 22 of the MPT are pending before
the Assistant Charity Commissioner. The change reports, as they
are called, being the subject matter of a pending enquiry by the
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SUPREME COURT REPORTS
[2020] 14 S.C.R.
Assistant Charity Commissioner, it is neither appropriate nor
proper for this court to enter into the thicket of factual disputes
between the contesting factions. Essentially, the issue which the
Court has to decide turns upon the interpretation of the
provisions of Section 6(1)(viii) of the Nanded Sikh Gurudwara
Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956. It is on this
that the validity of the notification of the State government
appointing four persons under Section 6(1)(viii) would rest. Two
distinct entities are dramatis personae in the present case. The
first is the public trust which is registered under the provisions
of the MPT Act. Its origins lay in the Sachkhand Hazuri Khalsa
Diwan Association Society which was initially registered under
the Hyderabad Societies’ Registration Act of 1350 Fasli. This
body was initially registered as a society with the Registrar of
Company Law and Co-operative Societies of the then Government
of Hyderabad under registration no. 22 of 1951. The
Memorandum of Association of the Diwan indicates that it was
formed to protect and guide the followers of the Sikh religion,
protect the interests of the Gurudwara and to work in the interest
of the Sikhs of the then State of Hyderabad. The name of the
society or association was formulated as Sachkhand Hazuri
Khalsa Diwan. The General Committee of the Diwan consists of
all the members of the Diwan who meet bi-annually. The members
of the General Committee of the Khalsa Diwan are alone entitled
to vote. For the management of the affairs, there is a Working
Committee consisting of 28 members The Working Committee
was to be formed by the President or Pradhan at the first meeting.
Elections to the Working Committee are required to be held every
two years. The President is entrusted with supervision over the
affairs and working of the General Committee. Several decades
after the reorganisation of States, a registration certificate was
issued under the MPT Act to the society as a public trust on 11
January 1982 by the Assistant Charity Commissioner Nanded in
Inquiry Application No 950/1981. This created a round of disputes
between the contesting factions and it was eventually on 22
January 2014 that this Court concluded the issue by recording
that the registration of the Diwan as a Trust under the MPT Act
have attained finality. Disputes in regard to membership were a
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separate matter which could be adjudicated upon in terms of the
remedies available 

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