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Supreme Court of India 2020-08-20

Sardar Bahginder Singh s/o Gurucharan Singh vs Sardar Manjieeth Singh Jagan Singh and Ors

Bench: 2 — Dhananjaya Y Chandrachud, K M Joseph

In Brief

This case concerns the power to nominate members to a statutory board under the Nanded Sikh Gurudwara Act 1956. The State Government nominated four members to represent the Diwan (a registered public trust) on the statutory Board based on conflicting nominations from rival factions claiming leadership of the Diwan. The High Court set aside the government notification, holding that only the Diwan itself could make the nomination. The Supreme Court upheld this decision, holding that Section 6(1)(viii) vests exclusive authority in the collective membership of the Diwan (General Committee), not the government. The Court rejected arguments that the President or office-bearers alone could nominate and clarified that the full collective body of voting members must make the nomination, with the Assistant Charity Commissioner overseeing the process.

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Constitutional Law Statutory Interpretation Administrative Law Religious Institutions Trust Law Separation of Powers

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