On the pleadings of the parties the Tribunal framed three issues 1 whether the provisions of the Act are ultra vires the Constitution, 2 whether the appellant was a hereditary office holder, and 3 whether the institution in dispute was a Sikh Guradwara.
The State Government numberified the said application in the Punjab Gazette in terms of Section 7 3 of the Act on 18th October, 1963.
Upon this the appellant made an application under Sections 8 and 10 of the Act claiming that the institution was number a Sikh Gurdwara but an Udasi institution known as Dera Bhai Bhagtu.
1 was number pressed and, therefore, the Tribunal in companyformity with the previous decisions held the provisions of the Act to be intra vires the Constitution.
On the second issue the Tribunal recorded a finding in favour of the appellant.
The institution was the Dera of Udasi Bhekh and the objects of worship are idols of Gola Sahib and of Baba Srichand, and the various samadhs.
Sixty five persons claiming to be members of the Sikh companymunity moved an application before the State Government under Section 7 1 of the Sikh Gurdwara Act, 1925 hereinafter referred to as the Act , as amended by the Amendment Act I of 1959, to have the institution declared to be a Sikh Gurdwara.
This village was previously in the erstwhile Nabha State which merged with Pepsu and after the reorganisation of the States, became a part of the Punjab State in 1956.
PW 1, Ram Saran Dass stated that there was an idol of Baba Srichand in the institution and there were pictures of Lord Krishna and other Hindu deities.
This application was referred by the State Government to the Sikh Gurdwara Tribunal for adjudication.
PW 3, Bishan Dass, referred to the idol of Baba Srichand.
This statement was elicited in cross examination made by the respondent.
On behalf of the respondent, Hardev Singh, RW 1, Bichan Singh, RW 2, Balbir Singh, RW 3, Balwant Singh, RW 4, Hazura Singh, RW 5, and Gurdial Singh, RW 6, were examined as witnesses.
PW 2 has stated that there is an idol of Baba Srichand and Gola Sahib in the institution and they are objects of worship.
The petition was resisted by the respondent Shiromani Gurdwara Prabandhak Committee on three grounds 1 that the appellant was number companypetent to move the petition under Section 7 of the Act because he was number a hereditary office holder, 2 that the provisions of the Act are number ultra vires the Constitution, and 3 that the institution in dispute was a Sikh Gurdwara.
On behalf of the appellant Ram Saran Dass, PW 1, Charan Dass, PW 2, Bishan Dass, PW 3, Jagraj Singh, PW 4, Chajju Ram, PW 5, Zora Singh Patwari, PW 6, Surjit Singh, PW 7 and the appellant, PW 8, were examined.
The appellant feeling aggrieved by the judgment of the Tribunal took up the matter in appeal to the High Court and the High Court in its turn companyfirmed the findings of the Tribunal and dismissed the appeal by the impugned judgment.
This institution was number established for use by Sikhs for public worship number was it founded in the memory of a Sikh Martyr, saint or a historical person.
On the third issue, the Tribunal held that the disputed institution was a Sikh Gurdwara.
Ranganath Misra, J. The present appeal by special leave is directed against the judgment and order dated 29th July, 1969 of the High Court of Punjab and Haryana at Chandigarh.
