Manohar Singh vs The State of Bihar and Others

After hearing the parties on the issue relating to constitution of Prabandhak Committee and holding election for that purpose, we find that practical difficulties have arisen in implementation of the Constitution and bye-laws relating to famous Sikh shrine Takht Sri Harimandirji, Patna Saheb.

From a copy of the order dated 13.4.1993 passed, in an earlier public interest litigation relating to the same shrine bearing C.W.J.C. No. 8737 of 1991, it appears that on 13.4.1993 this Court recorded its dismay on the stand of the State Government at that time according to which the State Government was not include to introduce an appropriate legislation for the proper management of the shrine. Ultimately as per the constitution and bye-laws an election could be held and the Prabandhak Committee continued and completed its last term in the year 2006. The present writ petition, way of public interest litigation, has been filed so that Prabandhak Committee may be constituted and required election may be held to fill up all the categories of seats for the Prabandhak Committee.

We have noticed the response of the District Judge, Patna who has to play a vital role in implementation of the constitution and bye-laws as is apparent from Annexure-8 to the writ petition as well as from the letter No. 148 dated 9.4.2009 received from the present District and Sessions Judge, Patna addressed to the Joint Registrar of this Court in connection with the present writ petition. The stand of the District and Sessions Judge, Patna since the year 2005 is consistent that due to spate of litigations being filed by different factions, some of them have been implicating even the District Judge, Patna in those cases, the District Judge, Patna is no longer inclined to be associated with the constitution and bye-laws of the shrine.

The present constitution and bye-laws were framed in the year 1956 in the course of proceedings in a Title Suit bearing Nos. 3/8 of 1943/1951 decided on 14.12.1954 by the Additional District Judge, Patna. As a result of settlement between the parties in that suit, it appears that the constitution and bye-laws were formulated and adopted after approval by the then District Judge, Patna.

In the background of changed circumstance and the consistent stand of different District Judges of Patna since last few years, we are of the view that time is again ripe to request the State Government to consider the entire matter appropriately after holding wide discussion with the Sikh community which is interested in the proper management and welfare of the shrine. For that purpose, we direct the State of Bihar, particularly the Chief Secretary, Bihar who shall henceforth represent the State of Bihar in this writ petition, to seek appropriate orders from the highest level and explore the possibility of ways and means including fresh legislation so that the affairs of a very famous and respected shrine situated in Patna Saheb may be managed efficiently so as to serve the interest of not only the Sikh community but of the entire State and nation. We grant three months'' time for that purpose.

Let this matter be listed under the same heading after three months.

Let a copy of this order be handed over to Mr. P.K. Verma, AAG-XI for communication and compliance.