Lokmat News Network
Chhatrapati Sambhajinagar:
The Aurangabad Bench of the Bombay High Court, comprising Justice R G Avachat and Justice Abasaheb D Shinde, has quashed the Maharashtra Government's circular dated June 29, 2022, which had dismissed the Nanded Sikh Gurudwara Takhat Sachkhand Sri Hazur Abchalnagar Sahib Board. The court has also directed the State Government to restore the Board to the same structure and composition as it existed prior to the issuance of the circular in 2022.
The Bench observed that the government's decision to dissolve the Board was illegal, making it necessary to set aside the said circular.
What were the petitions about?
According to two petitions filed before the court, the Hyderabad State had enacted the Nanded Gurudwara Act in 1956, under which the Board was functioning. The petitioners were government-nominated members of the Gurudwara Board. Following several complaints about the functioning of the Board, the government had constituted an inquiry committee. Based on the committee's report, the government issued a circular on June 29, 2022, dissolving the Board and appointed retired IPS officer Dr P S Pasricha to oversee the Board’s operations. This decision was taken on the last day of the then Maha Vikas Aghadi (MVA) government's tenure.
The petitioners had requested the court to quash the dissolution circular and reinstate the original Board. The petitioners were represented by senior advocate Rajendra Deshmukh, along with Adv. S G Karlekar, Adv. Kunal Kale, Ashwini Deshmukh, and Devang Deshmukh. Representing the state were Advocate General Dr. Biren Saraf and Chief Government Pleader Amarjitsingh Girase.
Illegal notice, says court
The court pointed out that following the inquiry report, only the Board President was served a notice, while other members were not given any opportunity to respond. Furthermore, the inquiry report was not shared with any of the members.
The court also noted that there was no conclusive evidence to prove the complaints, and yet a notice was issued—making it illegal, as mentioned in the court's judgment.
Only 4 complaints found valid
Out of all the complaints received against the Board, the inquiry committee found substance in only four allegations, which the court deemed insufficient to justify the Board’s dismissal.
--The Board did not hold a sufficient number of meetings.
--The annual budget was not presented before March 31 as required.
--The statutory audit was not conducted within the stipulated time.
--During COVID-19 restrictions, the Board organized a procession, violating government directives.