JUDGEMENT
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(1.)This order of ours shall dispose of CWP Nos.17771 of 2003; 14179 of
2010; 18160 of 2011 as the issues involved therein are either
interlinked or inter-dependent. Before extracting the facts in
extenso from CWP No.17771 of 2003, it being the oldest, we deem it
appropriate to tersely refer to some of the orders passed by different
Division Benches, resulting into placement of these cases before a
larger Bench even in the absence of a formal reference order.
CWP No.17771 of 2003
(2.)Sehajdhari Sikh Federation - a registered Political Party has
preferred this writ petition statedly in public interest, seeking
quashing of the Notification dated 8th October, 2003 issued by the
Central Government purportedly in exercise of its powers under
Section 72 of the Punjab Re-organization Act, 1966 (in short, 'the
1966 Act') whereby Sections 49 and 92 of the Sikh Gurdwara Act,
1925 (in short, 'the 1925 Act') have been 'amended' to the extent of
denying the Sehajdhari Sikhs their right to vote in the elections of
Sikh Gurdwara Prabandhak Committee (SGPC) i.e. the Board and
other statutory Committees constituted under the said Act. The
afore-stated writ petition, owing to the public importance of the
issue involved, was directed to be posted for hearing along with CWP
No.13282 of 2008 (Gurleen Kaur & Ors. vs. State of Punjab & Ors.)
which had already been referred to and listed before a Full Bench
comprising three Judges of this Court.
(3.)The Full Bench while deciding Gurleen Kaur and others v. State of Punjab & Ors.,2009 3 RCR 324 on 30.05.2009
segregated this case by a separate order observing that the
controversy raised in the instant writ petition is separate and
distinct from the one raised in Gurleen Kaur and other's case.