Pushing the Sikh world, especially the Deccan Sikhs into the throes of another agitation for the protection of the sanctity and honour of Takht Hazur Sahib, defying all orders of the Aurangabad Bench of the Bombay High Court over the last 2 years, and making false promises to the Sikh community in Nanded and Mumbai, the Shivsena-led, BJP-supported Maharashtra government is hell-bent on passing new legislation ushering in a new anti-democratic legislation to control the management of Takht Sri Abchal Nagar Hazur Sahib Management Committee, without consulting Sikhs at all.  WSN editor Jagmohan Singh analyses the situation and what is in store after the dismissal of the contempt petition of Nambardar Jagdeep Singh on 26 April 2024.

Notwithstanding the deep religious concerns, protests, and submissions of the Sikhs in Maharashtra and around the world, the government of Maharashtra is determined to take full control of Takht Hazur Sahib, Nanded, through administrative, legal, and political manipulation.  The Deccan Sikhs stand at the threshold of an agitation to protect their religious rights and preserve the sanctity and independent status of the Takht Hazur Sahib.

Categorically speaking, this is Maharashtra’s undue interference in the religious affairs of the Sikhs and this is unnecessary and unacceptable.

The serene sanctity of Takht Sri Abchal Nagar Hazur Sahib, one of the holiest centres in Sikhism -the place where the Tenth Master merged with the Almighty, -is under threat as the Maharashtra government continues its relentless pursuit to impose control over its management. In a series of manoeuvres that defy court orders and disregard the sentiments of the Sikh community, the government’s actions has stirred the community into reflection on legally backed governance of Gurdwara institutions.

In a series of manoeuvres that defy court orders and disregard the sentiments of the Sikh community, the government of Maharashtra’s actions has stirred the community into reflection on legally backed governance of Gurdwara institutions. 

Since 1956, the process of holding elections for the Takht Hazur Sahib Board has been marred by irregularities and delays, prompting Sikhs to resort to protests, hunger strikes, and legal battles time and again. Despite directives from the Bombay High Court, including a recent order to conduct elections within a specified timeframe, the Maharashtra government has shown blatant disregard for judicial mandates.

At the 26 April hearing, disposing off the contempt petition of Nambardar Jagjeet Singh, Justice Mangesh Patil, and Justice Shailesh Brahme took cognizance of the communication from the Revenue Department, dated 25 April 2024, which seeks deferment of elections as the government of Maharashtra is engaged in the process of framing new legislation, purportedly based on the Justice Jagmohan Singh Bhatia Committee.

The last elections to the Takht Hazur Sahib Board were held in 2019. Fresh elections were due in 2022, the process for which was to commence in 2021, six months prior to the term of expiration of the Board.  Disposing of the petition of Nambardar Jagdeep Singh on 27 March 2023, Justice S. G. Cha­pal­gaonkar and Jus­tice Nitin W. Sam­bre on 27 March 2023 di­rected the State of Ma­ha­rash­tra to take a decision regarding the election process within three months of the order. As no step was taken, after submitting many reminders, Nambardar Jagdeep Singh filed a contempt petition on 8 July 2023. Taking up the contempt petition, in the 18 January 2024 order, Justice Mangesh S. Patil and Shailesh P. Brahme chastised the state government to conduct the elections. This was followed with another warning on 5 April by the judges.  However, on 26 April 2024, the Justices accepted the Maharashtra government’s submission that the government had no intention to conduct the elections under the old Act and have constituted a Committee for a new Act.

Singh Sabha Mumbai prods Maharashtra to withhold Takht Hazur Sahib law

Nevertheless Justice Mangesh S. Patil and Shailesh P. Brahme observed that “By the order dated 27.03.2023 in Writ Petition 1005/2022 for the reasons recorded therein, the State Government was directed to take decision about holding of the elections to the members of the Board of the respondent no.3 therein that is the President, Gurudwara Board, Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib. Similarly, by the order dated 18.01.2024, we had pointed out as to how it was imperative that the State followed the law and rules for conduct of elections.”

The Judges further observed that, “The fact remains that till the new rules are in place, the law governing the fact situation i.e. the provisions of Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956 and the Election Rules framed therein, are in place.” It is clearly implied and the judges remarked during that the hearing that the government should conduct elections as per the old laws and that the government is perhaps intending that the agitation goes on. They have allowed the petitioner to file a fresh case against the State government.

The government of Maharashtra’s communique to the Bombay High Court states, “However, given that a draft of a new act is under consideration by a cabinet subcommittee, any elections held would become null and void once the new act is enforced. Therefore, the government has directed that a request be made to the Hon. Court to allow deferring the elections. This matter has been submitted to the Chief Minister’s office for a decision.”

The fact remains that till the new rules are in place, the law governing the fact situation i.e. the provisions of Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956 and the Election Rules framed therein, are in place.

Justice Mangesh S. Patil and Shailesh P. Brahme

While the legal battle was on in courts, the government of Maharashtra was engaged in chicanery and political maneouvres. The government of Maharashtra amended Section 11 of the Takht Abchalnagar Hazur Sahib Act in 2015 usurping the role of appointing the President of the Board under the Act. Then in 2023, in order to avoid taking a stand in court in response to the contempt petition of Nambardar Jagdeep Singh, the government of Maharshtra, through a notification took a giant sinister leap of defrauding the Sikhs by saying that out of 17 members of the Takht Committee in their proposed new law, 12 would be nominated by the government of Maharasthra.

As stated in the present communication to the Court, the document unabashedly says, “Following the complaints received in 2019 regarding the Nanded Gurudwara Board, the government, following due process, had neutralized the Gurudwara Board through a notification dated June 29, 2022.” Such notifications were to appoint administrators to the Takht Hazur Sahib, while there is no such provision in the Takht Hazur Sahib Act, 1956.

The government communique once again lays bare the designs of the State of Maharashtra. It says, “Against this background, following the recommendations of the Justice Bhatia Committee to manage the Gurudwara Board more efficiently, a proposal was made to enact a new law, “Takht Sachkhand Shri. Hazur Apchalnagar Sahib Gurudwara Act, 2023,” replacing the Nanded Sikh Gurudwara Sachkhand Shri. Hazur Apchalnagar Sahib Act, 1956. This proposal was approved in the cabinet meeting on February 5, 2024. However, considering the ongoing protests and hunger strikes by the Sikh community in Nanded against this draft, the cabinet decided on February 14, 2024, to form a committee under the Minister of Revenue to study the draft of the new act. Consequently, a committee was established as per the government resolution dated March 15, 2024, and it is expected that the final draft of the proposed “Takht Sachkhand Shri. Hazur Apchalnagar Sahib Gurudwara Act, 2024″ will be completed after receiving the committee’s report.”

Maharashtra’s propaganda on new Takht Hazur Saheb Act “concocted and misleading”

The recent government document submitted to the Aurangbad Bench of the Bombay High Court reads, “Following more than fifty years since the enactment of the Nanded Sikh Gurudwara Sachkhand Shri. Hazur Apchalnagar Sahib Act, 1956, a committee was appointed under the chairmanship of Justice Bhatia by the government resolution dated January 21, 2014. The committee was tasked with recommending ways to efficiently manage the Gurudwara’s affairs, eliminate outdated provisions, and incorporate new ones as necessary. The committee’s report was received by the government on August 8, 2014. The recommendations contained in the report were under consideration by the government.”

Read the set of lies of the government of Maharashtra. One, the recommendations of the Justice Jagmohan Singh Bhatia Committee were never made public. Two, there was no consultation with the Sikhs of Nanded, Maharashtra or the Sikh representatives of the SGPC or any other Sikh religious leaders regarding the recommendations of the Justice Bhatia Committee. Three, Advocate Daljeet Singh, the son of late Justice Jagmohan Singh Bhatia, in an open letter to the Chief Minister of Maharashtra has debunked the government public stand that they are considering the provisions of the Justice Bhatia Committee. Fourthly, in a meeting with the leadership of Singh Sabha Mumbai Dadar, the Chief Minister and the Deputy Chief Minister had promised that nothing relating to the new legislation will be done without consulting the Sikh leadership and that the new law is under suspension for the time being.

Social Activist Jagdeep Singh Nanded challenges Maharashtra’s twists and turns on Takht Hazur Saheb Management

The intention of the government of Maharashtra is clear. They have no intention of conducting elections under the old legislation. It may not be wrong to say that they have no intentions to hold elections at all, they want to continue their interference with the appointment of state-chosen administrators.

This unilateral approach has been met with vehement opposition, with Sikhs decrying the government’s attempts to impose anti-democratic clauses and unilaterally enact new legislation, undermines the autonomy of Takht Hazur Sahib. Early this year, for the first time ever, from the portals of Takht Hazur Sahib, a call was given to the Sikh population to oppose the move of the government to take control over Takht Hazur Sahib. It was clearly construed as a direct interference in Sikh religious affairs. Sadly, the government resorted to stonewalling measures but has not has shown no intention of changing its position.

The Maharashtra government has cited ongoing efforts to frame new legislation as justification for deferring elections. The government’s motives are questionable and its commitment to upholding the principles of justice and religious freedom is cloudy.

“We are a warrior race and we will not budge to pressures of the government. I appeal to the Sikh leadership in Nanded, Mumbai, Punjab and the rest of the world to join hands to protect Takht Hazur Sahib from the clutches of the government of Maharashtra.”

Nambardar Jagdeep Singh, Petitioner

As the controversy escalates, the Sikh community remains steadfast in its resolve to protect the sanctity of Takht Sri Abchal Nagar Hazur Sahib. Calls for transparency, accountability, and genuine consultation with Sikh stakeholders echo loudly, demanding an end to government interference and a return to the principles of democratic governance and religious autonomy.

Nambardar Jagdeep Singh, while speaking to the World Sikh News said, “We are a warrior race and we will not budge to pressures of the government. I appeal to the Sikh leadership in Nanded, Mumbai, Punjab and the rest of the world to join hands to protect Takht Hazur Sahib from the clutches of the government of Maharashtra.”

In the face of adversity, Sikhs stand united, determined to safeguard their religious heritage and uphold the timeless principles of Sikhism embodied by Takht Sri Abchal Nagar Hazur Sahib. The battle for justice and religious freedom continues, fuelled by the unwavering spirit of the Sikh community and its unwavering commitment to truth and righteousness. The government is leading the Sikhs to a state where the Sikhs will evolve a self-controlled system of governance without any role whatsoever to any government of the day.