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This is an archive article published on September 6, 2011

Centre moves HC to recall order on Sehajdhari Sikhs

The central government on Monday moved an application in the Punjab and Haryana High Court to seek directive to recall an earlier high court ruling which allowed Sehajdharis the right to vote in SGPC elections.

The central government on Monday moved an application in the Punjab and Haryana High Court to seek directive to recall an earlier high court ruling which allowed Sehajdharis the right to vote in SGPC elections. The order was passed on Thursday,following a wrong statement given by Centre’s counsel Harbhagwan Singh who had said that Centre had withdrawn a notificiation that barred Sejadhari Sikhs from voting in SGPC elections.

Counsel Onkar Singh Batalvi appeared on behalf of the Central government and filed the application in the court of the acting Chief Justice AK Goel. Batalvi pleaded that the case be listed for hearing today and also a Full Bench be constituted to deal with the matter. However,Justice Goel asked him to make the request to the appropriate bench,following which the counsel moved the same application in the court of Justice MM Kumar.

However,Justice Kumar also denied the request and asked the counsel to move the application in the Registry branch of the High Court.

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Justice Kumar also clarified that the Court has not restrained Punjab government from holding SGPC elections even as Batalvi said that the matter was of serious nature. The case would come up for hearing on Tuesday.

The application moved by the Central government reads,“…counsel Harbhagwan Singh has never been engaged and given brief for the said case. Till this fact is in abeyance that on what basis he made such statements,kindly recall the matter and decide it on merits”.

The applications states that the counsel,appearing on behalf of the Central government has also annexed various communications made between various ministries and details of discussions made in Parliament,on the issue. It specifies that no memorandum by the Union Home Ministry or Ministry of Law was made regarding withdrawal of the 2003 notification.

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