For the last two years and more, social activist and budding lawyer Jagdeep Singh from Nanded has been single-handedly roughing it out in courts against the unlawful acts and practices of the Government of Maharashtra concerning the governance and management of Takht Hazur Sahib.  World Sikh News records that it was in response to his petition that the State government resorted to subterfuge and illegality by pushing new legislation instead of acting upon the provisions of the existing 1956 law and conducting the elections as directed by the Aurangabad Bench of the Bombay High Court. WSN editor Jagmohan Singh examines the ongoing legal developments and the role of politicians meddling in Sikh religious affairs.

While the Sikh world is relatively relieved that the Maharashtra State Chief Minister and Deputy Chief Minister have publicly tweeted to keep the new law on governance of Takht Hazur Sahib, in abeyance, social activist Jagdeep Singh in his never-say-die attitude and relentless follow-up. has served reminders to the state at its Mantralaya headquarters in Mumbai on 13^th and 19^th February 2024, asking the government to comply with the High Court order for immediate conduct of elections to the Takht Hazur Sahib Board.

On 18 January 2024, the Bombay High Court rapped the Government of Maharashtra on its knuckles and remarked, “We cannot comprehend a situation where despite 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 one after the other without taking steps to constitute the managing committee by holding elections.”

It is perplexing that despite having statutes, rules, and election regulations in place, the government continues to appoint without conducting elections to form a Board.

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

Justice Mangesh Patil and Justice Shailesh Brahme, while reprimanding the government in the contempt petition filed by Jagdeep Singh on 8 July 2023, had categorically ordered the implementation of directions of the Aurangabad Bench of the Bombay High Court for the conduct of elections.

To subvert this order, the Maharashtra state Cabinet on 5 February 2024, lied to the people of the state and the Sikhs, saying that given the increase in the number of pilgrims to the sacred Takht Hazur Sahib and to implement the recommendations of the Justice Jagmohan Singh Committee, they were approving the new Takht Hazur Sahib Act, 2024.

The contents of the new legislation were neither made public nor was there any public or Sikh community discussion before their unilateral approval made known through a tweet of the Chief Minister’s Office and that of Deputy Chief Minister Devendra Fadnavis.

Nobody provided a rationale as to how an Increase in pilgrims warrants a new law. Maharashtra CM Eknath Shinde and Deputy CM Devendra Fadnavis cheated the Sikhs as the Justice Jagmohan Singh Committee nowhere mentioned the provisions as stated by them in their tweets. All recommendations of the Committee were ignored and bypassed. The name of the Committee was simply used to befool the people and the Sikhs.

The content of the affirmations made by the government was misleading and political and had rightly attracted the wrath of the Court.

Earlier, Jagdeep Singh Nambardar, contesting through his counsel Mr Narwadkar Mrigesh had pointed out in the main petition that the three-year term of the Board expired in March 2022. The government then appointed an administrator but did not pursue its duty of preparing electoral rolls through the Collector of Nanded, as mandated under Rule 3 of the Nanded Sikh Gurdwara Sachkhand Sri Hazur Apchalnagar Sahib Board Election Rules, 1956. It was pointed out that the process should have been started in 2021 -six months before the conclusion of the three-year term.

The elections are never conducted in time as per the law and the Board members enjoy longer terms by prolonging elections, invariably satisfying the whims and fancies of the Government of Maharashtra.

Jagdeep Singh Nanded, Petitioner

This petition was disposed of as the State, through its counsel Mr Sangle had assured that the decision for elections would be soon taken by the Chief Minister for which Justice S. G. Chapalgaonkar and Justice Nitin V. Sambre granted three months on 27 March 2023. Continuing his sustained campaign, at the expiry of the three months on 26 June 2023, as the District Collector had not taken any step towards the preparation of electoral rolls, on 27 June, Jagdeep Singh sent a reminder to the respective authority.

Tendering an apology to the court, Dr. Rajagopal Devara, Additional Chief Secretary, Revenue and Forest Department, stated on oath on 24 November 2023 that the Justice Bhatia Committee recommendations were being taken into account to frame a new Act and Rules thereunder for better administration of the Sachkhand Sri Hazur Apchalnagar Gurudwara Board, which is currently administered as per the provisions of the Nanded Sikh Gurudwara Sachkhand Sri Hazur Apchalnagar Sahib Act, 1956, The Nanded Sikh Gurudwara Shri Hazur Apchalnagar Election Rules, 1963, Takht Sri Hazur Sahib By-laws, 1975.

After formalizing the recommendations of the Justice Bhatia Committee into a new law, the government promised that the state would conduct early elections.

 

The government through the Chief Secretary tried to justify the various appointments of administrators saying that “from 2019 after receipt of several complaints, the State Government superseded the Board by way of notification dated 29.06.2022 and appointed administrator Shri Dr. P. S. Pasricha (Retired IPS). That period has been further extended and from 31.07.2023 presently Dr. Vijay Satbir Singh (Retired 1AS) is the new administrator of Gurudwara Board.”

Tactically, to hide their malpractice and interference in the Takht Hazur Sahib affairs, it was not stated that there is no provision for the appointment of Administrators under the existing Nanded Gurdwara Sri Apchalnagar Hazur Saheb Act 1956.

To hide its malpractice and interference in the Takht Hazur Sahib affairs, the government did not point out to the court that there was no provision for the appointment of Administrators under the existing Nanded Gurdwara Sri Apchalnagar Hazur Saheb Act 1956. The decision to appoint administrators was political.

Even the act of State Government for supersession and appointment of administrators is also under challenge in a writ petition before the Bombay High Court at Aurangabad.

In January 2022, five Sikhs from Nanded –Jagdeep Singh, Rajendra Singh, Ranjeet Singh, Harpal Singh, and Amarjeet Singh had filed a writ petition against the State of Maharashtra, the District Collector Nanded through their lawyer Mr. Mrigesh Narwadkar seeking “a direction to issue Notification as per Rule 3 of Nanded Sikh Gurdwara Sachkhand Sri Hazur Apchalnagar Sahib Board Election Rules, 1963 thereby initiating the process of election for electing the members of Board as mentioned in Section 6 (1) (ii) of the Nanded Sikh Gurdwara Sachkhand Sri Hazur Apchalnagar Sahib Act, 1956,” as well as directions to strictly comply with all the statutory provisions of the said Act and rules thereunder.

Before the filing of the petition, numerous representations were made to the respective authorities for the conduct of elections to the Takht Hazur Sahib Board.

Jagdeep Singh and other petitioners have pointed out that they are devout Sikhs and eligible electors for the Takht Hazur Sahib Board. The petitioners have stated that after the enactment of the Act of 1956, the first election was conducted in the year 1965 and that though as per the statute elections are to be conducted every three years, the State of Maharashtra has always reneged from this obligation under Section 8 of the Act.

Elections to Takht Hazur Saheb Board were held in 2001, then in 2012. Subsequently in 2019 and now let us see what happens.

Speaking to World Sikh News Jagdeep Singh said, “The elections are never conducted in time as per the law and that the Board members enjoy longer terms by prolonging elections, invariably satisfying the whims and fancies of the Government of Maharashtra.”

Jagdeep Singh further pointed out that after the elections in 2001, elections were held in December 2012 only after an agitation by the Sikh Sangat.  Subsequently, elections were due in 2015, but once again after a massive democratic struggle, elections were held in 2019.

It can be seen that not holding elections till the Sikhs cry hoarse has become a routine practice by the government simply through its inaction. When members of the Sikh community represent the authorities and hold agitations and dharnas, only then the government relents to perform its duties stipulated under the Act.

It is trite law that in the matters of elections the statutory provision has to be strictly followed.

Putting things in perspective, the petition made a simple yet direct contention that “it is trite law that in the matters of elections the statutory provision has to be strictly followed. Needless to state and mention that the election process which includes the preparation of voters list has to begin before the expiry of the term of the concerned elected body, be it a local body or the statutory body, such as Gurdwara Board. The term of the elected members cannot be extended beyond the prescribed period contemplated in the Act.”

It further pointed out that as far as the Board of Takht Hazur Sahib is concerned, “the process (of preparation of electoral rolls) shall be initiated six months before the expiry of the term and that the Respondent. No. 1 (the State of Maharashtra) -the authority has not issued a Notification directing Respondent No. 2 (District Collector) to prepare the voter list. The term is about to expire on 8 March 2022, still, there is no action or steps taken by Respondent No. 2 for conducting the elections.”

Jagdeep Singh and his associates started the democratic process to force the government to conduct elections on time, yet the State, as we see here, has resorted to lies and judicial delays to persist with its own decision to push elections beyond the schedule. Jagdeep Singh continues to hold a daily protest, including fasting at Nanded, which sees the participation of political, social, and religious leaders.

We cannot trust the Government of Maharashtra to honour their word. They will backtrack anytime. At the moment, they have only given an assurance and passed on the matter to a Cabinet sub-committee. Let us wait and watch.

Speaking to The World Sikh News about his future strategy, Jagdeep Singh said, “Given the track record of the government of Maharashtra, we cannot trust them to honour their word. They will backtrack anytime. At the moment, they have only given an assurance and passed on the matter to a Cabinet sub-committee.”

“Their real test will be what they tell the Bombay High Court when the matter relating to the conduct of elections to the Takht Hazur Sahib Board comes up at the next hearing on 21 March 2024,” he added.

The hidden agenda of the Bhartiya Janata Party to undermine the Sikhs and use legislation to take full control over the management of the sacred Takht Hazur Sahib and other Sikh institutions has been thoroughly exposed by the Shiv Sena-BJP government’s misplaced overenthusiasm to enact a new law and subvert due process mandated under the existing legislation.

The real test of the Government of Maharashtra will be what they tell the Bombay High Court when the matter relating to the conduct of elections to the Takht Hazur Sahib Board comes up at the next hearing on 21 March 2024.

It will be in the fitness of things to mention the role of the past religious and political leadership of the Sikhs, which had willy-nilly accepted governmental interference for political purposes has contributed to this rigmarole.

 

We need more Jagdeep Singhs to fight the designs of governments that make such sinister attempts and to contest the lethargy and chicanery of the established Sikh leadership at all levels in Nanded, Maharashtra, and Punjab.

It is time to ponder and consider whether Sikhs should conduct their elections or evolve their traditional methods of selection of representatives, through Gurmata-community consensus -for governance of historic and all other Gurdwaras and allied institutions.