HC restores voting rights of Sehajdhari Sikhs in SGPC Polls
Dec 20, 2011-CHANDIGARH: The Punjab and Haryana high court on Tuesday restored the voting rights of Sehajdhari (non-baptized) Sikhs in the Shiromani Gurdwara Prabhandhak Committee (SGPC) polls. SGPC is the highest religious body of Sikhs.
Sehajdhari Sikh Federation in protest & procession
With the court orders, the recently constituted body of SGPC would cease to operate and fresh elections will be held to include the Sehajdhari Sikhs in the voters list.
The orders were passed by a full bench comprising Justice Surya Kant, Justice MMS Bedi and Justice Muttaci Jeyapaul of Punjab and Haryana high court while allowing a petition filed by the Sehajdhari Sikh Federation (SSF) and two others challenging a October 8, 2003 central notification which deprived Sehajdhari Sikhs of their voting rights in the SGPC polls.
The petitioners have mainly challenged the union government notification "whereby Sahjdhari Sikhs are not being considered as Sikhs in view of the impugned amended Section 49 and Section 92 of the Gurdwara Act.
The petitioners had submitted that the original Act declared Sahjdhari Sikhs as qualified electors for SGPC elections and the apex court had in numerous judgments held the state could not regulate the definition of religion.
It was also argued by the petitioners that the state authorities could not fetter the definition of Sikhs in general and Sahjdhari Sikhs in particular when religion was not within the bounds of any kind of legislation.