IN THE HIGH COURT OF JHARKHAND AT RANCHI. ---- W.P.( PIL) No. 3407 of 2014 ---- Bada Gurdwara Saadh Sangat, Katras Road, Dhanbad Petitioners. Versus 1. The State of Jharkhand 2. The District Collector, Dhanbad 3. The Sub-divisional Officer, Dhanbad 4. The President, Bada Gurudwara, Dhanbad 5. The General Secretary, Bada Gurudwara, Dhanbad 6. The Treasurer, Bada Gurudwara, Dhanbad. Respondents. ----- CORAM : HON'BLE MR. JUSTICE PRASHANT KUMAR HON'BLE MR. JUSTICE P.P. BHATT ----- For the Petitioners : M/s Mahesh Tiwary and Pratiush Lala For the Respondents : Mr. Jai Prakash, AAG For Private Respondent : M/s. Anil kumar Sinha, Sr.Advocate & Krishna Shankar ----- Reserved on 17.04.2015 Delivered on 15/05/2015 Prashant Kumar,J.
In this Public Interest Litigation the petitioner has prayed for issuance of a writ or direction commanding the respondents to take appropriate steps for conducting free and fair election of the Managing Committee of Bada Gurudwara, Dhanbad. Petitioner further pray for abolition of the present committee of Bada Gurudwara, Dhanbad, as the members of the present Committee are illegally managing the affairs of the Bada Gurudwara, Dhanbad from last 10-12 years.
2. Petitioner states that members of Sikh Community of Dhanbad have formed Bada Gurudwara Saadh Sangat against the arbitrary action of the members of the Gurudwara Prabandhak Committee of the Bada Gurudwara, Dhanbad. It is stated that aforesaid members are illegally managing the affairs of the Bada Gurudwara from last 10-12 years. It is stated that members of the Sikh Community authorised the petitioner to file present writ application in this Court.
3. It is stated that Bada Gurudwara, Dhanbad is the oldest and biggest Gurudwara of Dhanbad. It is further stated that Bada Gurudwara, Dhanbad is the controlling authority of so many educational institutions such as (a) Guru Nanak College, Barmasia, Dhanbad,(b) B.Ed. College, Dhanbad, (c) Guru Govind Singh Public School, Dhanbad, (d) Khalsa High School, -2- Dhanbad and (e) Khalsa Middle School, Dhanbad. It is then stated that besides the aforesaid educational institutions, Bada Gurudwara, Dhanbad also running a Hotel and taking rent from the shops and banks.
4. It is stated that for the smooth running of the affairs of the Bada Gurudwara, Dhanbad the members of Sikh Community had laid down a Regulations on 11.04.1958, which was later on amended on 12.04.1972. The aforesaid Regulations provides that the members of the Sikh Community shall constitute Gurudwara Prabandhak Committee, through election, for running the affairs of the Bada Gurudwara, Dhanbad. It is stated that at present, some powerful members of the Sikh Community grabbed the Committee since last 10-12 years. It is stated that they are not allowing other persons to become the members of the said committee. It is further stated that aforesaid members of the Sikh Community are electing President, General Secretary, Vice-President and Treasurer of the Committee from amongst themselves on rotation basis, in violation of the Rules and Regulations. It is further stated that aforesaid members of the Gurudwara Prabandhak Committee are not informing the voters regarding the time and date of election and on every occasion they select members from amongst themselves by nomination process. It is stated that petitioner and other members of the Sikh Community had raised objection against the aforesaid illegal activities of the members of the Gurudrawa Prabnandhak Committee, but all in vain. It is then stated that the petitioner and other members of Sikh Community made representation before respondent nos. 2 and 3 and requested them to conduct the election of the Gurudwara Prabandhak Committee according to the regulation, but they have not taken any action.
5. It is further stated that every year a huge amounts received in the Bada Gurudwara, Dhanbad through donation, but the members of the Gurudwara Committee are not giving the account of the same. It is further stated that present members of the Gurudwara Prabandhak Committee are mis-using crores of rupees. It is stated that instead of using the aforesaid money for the welfare of Sikh Community, the members of the Managing Committee are using the same for their own benefit. It is further stated that members of the Committee are mis-managing the affairs of educational institutions, which are under the control of Bada Gurudwara, Dhanbad. Accordingly, it is prayed that a direction be given to the -3- respondents to conduct free and fair election of the Bada Gurudwara Prabandhak Committee after abolishing the present committee.
6. A counter affidavit filed on behalf of respondent nos. 2 and 3, wherein they stated that Deputy Commissioner, Dhanbad ( respondent no.2) after receiving the representation of the petitioner and other members of the Sikh Community had constituted a committee for holding an inquiry about the affairs of Bada Gurudwara, Dhanbad. It is stated that said committee conducted an inquiry and gave its report to the Deputy Commissioner. It is stated that inquiry report reveals that the election of the Bada Gurudwara Prabandhak Committee for the year 2013-15 held in accordance with the regulations and there is no illegality in it. It is further stated that present Public Interest Litigation is not maintainable.
7. Respondent no.4, 5 and 6 had also filed separate counter affidavit, wherein they stated that present Public Interest Litigation is not maintainable. It is stated that against the petitioner and his men, the members of the Committee had filed so many criminal cases, thus with a view to take revenge from the members of the Committee, the petitioner had filed present writ application. It is further stated that even on merit, there is no case. It is submitted that before conducting election for the year 2013-15, the erstwhile Gurudwara Prabandhak Committee on 1.02.13 hanged a notice on the notice board, stating there in that the election of the new Prabandhak Committee is going to be held at the time of Baisakhi, therefore, if any member of Sikh Community, who completed the age of 21 years, wants to contest the election, may file application as per the regulation before the General Secretary of the Committee by 1st March, 2013. It is stated that petitioner had not filed any application showing his willingness to contest the election. Therefore, members of the Committee have been elected according to the provisions of the regulations. In view of the aforesaid submissions, it is stated that the present Public Interest Litigation is liable may be dismissed.
8. We have heard the learned counsels for the parties.
9. In the instant case, the main grievance of the petitioner is that the present members of the Managing Committee are holding different posts of the Committee repeatedly in violation of the Regulations framed in this behalf. It appears from the various annexures enclosed with the writ application that petitioner and his supporters have formed a rival group -4- and they are trying to become office bearer of the Managing Committee. It further appears from various annexures that the petitioner, his sons and others had tried to interfere with the management of Bada Gurudwara, Dhanbad and because of that so many criminal cases lodged against the petitioner and his men.
10. It is worth mentioning that Bada Gurudwara Prabandhak Committee, Dhanbad is a society registered under the Societies Registration Act and run by a Bye-laws. Thus, if according to the petitioner and his supporters the members of the present Managing Committee are not running the affairs of the Bada Gurudwara, Dhanbad as per bye-laws and their activities are sub-verse to the object of the society, then they can file an application before the Inspector General of Registration under section 23 of the Societies Registration Act, 1860 (as amended by the State of Bihar) for redressal of their grievances. In the instant case, no such application filed before the Inspector General of Registration.
11. It is also relevant to mention here that petitioner and/or any other voter can challenge the election of the society by filing a declaratory suit before the competent civil court, if according to them, election conducted by the Committee is not fair and against the provisions of the regulations. It is worth mentioning that the petitioner or his supporters have not filed such suit.
12. It has been held by Hon'ble Supreme Court in Jaipur Shahar Hindu Vikas Samiti .Vs. State of Rajasthan and Others" reported in 2014(5) SCC-530 at paragraph nos. 47 and 49 that :
"7. The scope of public interest litigation is very limited, particularly, in the matter of religious institutions. It is always better not to entertain this type of public interest litigations simply on the basis of affidavits of the parties. The public trusts and religious institutions are governed by particular legislation which provide for a proper mechanism for adjudication of disputes relating to the properties of the trust and the management thereof. It is not proper for the court to entertain such litigation and pass orders. It is also needless to mention that the forums cannot be misused by the rival groups in the guise of public interest litigation."
"9. The concept of public interest litigation is a phenomenon which is evolved to bring justice to the reach of people who are handicapped by ignorance, indigence, illiteracy and other downtrodden people. Through the public interest litigation, the cause of several people who are not able to approach the court is espoused. In the guise of public interest litigation, we -5- are coming across several cases where it is exploited for the benefit of certain individuals. The courts have to be very cautious and careful while entertaining public interest litigation. The judiciary should deal with the misuse of public interest litigation with iron hand. If the public interest litigation is permitted to be misused the very purpose for which it is conceived, namely, to come to the rescue of the poor and downtrodden will be defeated. The courts should discourage the unjustified litigants at the initial stage itself and the person who misuses the forum should be made accountable for it. In the realm of public interest litigation, the courts while protecting the larger public interest involved, should at the same time have to look at the effective way in which the relief can be granted to the people whose rights are adversely affected or are at stake. When their interest can be protected and the controversy or the dispute can be adjudicated by a mechanism created under a particular statute, the parties should be relegated to the appropriate forum instead of entertaining the writ petition filed as public interest litigation." (emphasis added).
13. As noticed above, the petitioner has a forum under section 53 of the Societies Registration Act, where he can raise his grievance aginst the illegal activities of the members of Gurudwara Prabandhak Committee. Likewise, it is open to the petitioner or any other member of the Sikh Community to challenge the election of the Gurudwara Prabandhak Committee by filing a declaratory suit. But petitioner or any other member of the Sikh Community had not availed those remedies. Thus, in view of the aforesaid decision of the Hon'ble Supreme Court, in our view, the present application is not maintainable, specially when the controversy between the parties can be adjudicated by Inspector General of Registration or by the Civil Court. Accordingly, we find no merit in this application. Thus, the same is dismissed. Sd/- ( Prashant Kumar, J.) P. P. Bhatt, J.
:- Sd/- ( P. P. Bhatt, J.
) In the High Court of Jharkhand, Ranchi. the 15th May, 2015 Raman/