Elections to the Takht Hazur Sahib Board are pending since March 2022. In a glaring display of defiance against the judiciary, the Maharashtra government once again cheated the Sikhs and resorted to subterfuge to delay elections to the Takht Hazur Sahib Board. Despite explicit directives from the Bombay High Court, the state has shown a persistent reluctance to initiate the electoral process, drawing sharp reprimands from the judiciary. WSN editor Jagmohan Singh examines the fault-lines of the Maharashtra government and the sinister pattern that emerges.

On the 5 April hearing of the contempt proceedings filed by petitioner-Nambardar Jagdeep Singh against the Revenue Secretary for ignoring orders relating to conduct of elections to the Takht Hazur Sahib Board, Judges Mangesh S. Patil and Shailesh P. Brahme of the Aurangabad bench of the Bombay High Court rapped the State of Maharashtra on its knuckles chastising them for delay in the Gurdwara Board Elections.

At the hearing viewed by WSN online, the presiding judge in open court chastised the government of Maharashtra as being insincere and unwilling to conduct the elections. The government counsel was at sea to explain the delaying tactics of the government and once again relied upon the excuse that the government was contemplating the enactment of new legislation in the matter and that a committee for the same had been formed, but the model code of conduct was in force. The judges brushed aside this logic and wanted to know what steps had been taken to start the election process, saying that they were “interested to know about the elections under the existing law.”

The State is insincere about conducting elections to the Takht Hazur Sahib Board and is hiding behind the facade of a new proposed law. We are concerned about elections under the existing provisions

Justice Mangesh S. Patil and Justice Shailesh P. Brahme , Bombay High Court, Aurangabad Bench

Countering the argument of the government pleader, the counsel for the petitioner -Advocate Wasif Sheikh contended that the State government is now not considering the promulgation of a new Act as it has backtracked after massive protests of the Sikh community in Nanded and elsewhere. He produced the notification of the Maharashtra government putting the proposal of the new Act on hold.

The next court hearing in the Aurangabad Bench of the Bombay High Court is slated for 26 April.

“Expecting good sense to prevail,” the judges had given a two-week reprieve last month, but though the joint secretary appeared in person, taking cognizance of the fact that the state had not moved an inch and no directions were given to him, the judges have now summoned the District Collector, Nanded as under Section 6 of the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956 read with Rule 3, the District Collector was responsible for initiating the election process in the year 2021, before the expiry of the term of the Board in March 2022.

Even on 18 March 2024, the judges made scathing remarks about the role of the state. The order noted that “In spite of strongly worded minutes recorded by us on 18.01.2024, the learned A.G.P. is blank. He does not seem to have received any instructions regarding a direction to the Collector, Nanded, for commencement of the election process pursuant to Section 8 of the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956, read with Rule 3 of the Election Rules.”

Earlier, in the 18 January order, Judges Mangesh S. Patil and Shailesh P. Brahme had nailed the lies of the government saying, “We cannot comprehend a situation where in spite of the statute, rules and even the election rules being in place, the Government could base on some committee’s recommendation, without the provisions of the statute having been suspended, has been taking exception to the provisions and has been continuing the practice of appointing administrators are after the other without taking steps to constitute the managing committee by holding elections.”

The judges had further observed, “This is highly unbecoming of the State. It is not clear as to if as observed in paragraph no. 6 of the order, of which implementation is being sought, the State had issued instructions to the Collector, Nanded to start the process of election in the year 2021. Even before the Court which passed the order it was made to believe that the Chief Minister was to take the decision and would take it at the earliest. This order was passed on 27.03.2023. Almost a year is over thereafter.”

In the main petition of Jagdeep Singh versus The State of Maharashtra, Justice S. G. Chapalgaonkar and Justice Nitin W. Sambre on 27 March 2023 had directed the State of Maharashtra to start the process of conducting elections. The judges said, “….in our opinion, it will be appropriate to direct respondent – State Government to take decision about the election of the members to the Board of respondent no.3 (Takht Hazur Sahib Board) in any case within a period of three months from today.”

The ongoing saga reflects a troubling pattern of interference in the affairs of the Takht Hazur Sahib Board by the Maharashtra government, raising questions about its respect for judicial mandates and the autonomy of religious institutions. The next hearing, scheduled for April 26, is eagerly awaited by the Sikh community and observers alike, who hope for a resolution that honors both the law and the rich traditions of the Takht Hazur Sahib.

“Undoubtedly it is frustrating, but we will not take it lying down. We will fight it tooth and nail. When the need arises, we will take up the matter in the Supreme Court. We will create awareness and if need be take to the streets again to contest our legitimate and fundamental rights.”

Nambardar Jagdeep Singh, Petitioner

Tired of the role of the Government of Maharashtra in scuttling the electoral process, petitioner Jagdeep Singh, while speaking to The World Sikh News said, “Undoubtedly it is frustrating, but we will not take it lying down. We will fight it tooth and nail. When the need arises, we will take up the matter in the Supreme Court. We will create awareness and if need be take to the streets again to contest our legitimate and fundamental rights.”

Since the passage of the Nanded Sikh Gurudwara Sachkhand Sri Hazur Apchalnagar Sahib Act, 1956, there has not been a single occasion when the elections to the Takht Sri Hazur Sahib Board have been held on time. Under one pretext or another, elections are delayed, through acts of omission and commission.

As the legal battle unfolds, the Sikh community’s frustration with the government’s handling of the elections becomes increasingly palpable, casting a shadow over the state’s commitment to upholding the principles of democracy and religious freedom.