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SGPC Elections 2011
HC RECALLS ORDER ON SEHAJDHARI VOTE
By :
Baljit Balli
First Published :
Wednesday, Sep 21, 2011 12:00 AM
Updated :
Wednesday, Sep 21, 2011 12:00 AM
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Chandigarh (BB) - Allowing the central government\'s application, the Punjab and Haryana high court on Tuesday recalled its September 1 order through which it had disposed three petitions effectively resulting in Sehajdhari Sikhs getting voting rights in the Shiromani Gurdwara Parbandhak Committee(SGPC) elections. The matter would now come up for hearing on Thursday before a newly-constituted full bench of three judges to decide the case within one month since the present full bench recused itself from hearings in the case. The Supreme Court had on September 16, taking up a special leave petition filed by the Sehajdhari Sikh Federation challenging the high court\'s orders, directed the high court to take up the matter on September 20. The high court was also requested to decide the matter, if possible, within one month, if the Centre\'s application seeking recall of the earlier order was allowed. The case came up for hearing on Tuesday before the full bench comprising acting chief justice MM Kumar, justice Alok Singh and justice Gurdev Singh. Speaking for the bench, acting chief justice MM Kumar said, \"We are not going to hear the case. Our thinking has been deflected by the (television) talk shows. We request counsels appearing in the case: kindly don\'t go for panel talks.\" Earlier, too, the bench had warned advocates that discussions before the media were not acceptable as the matter was sub judice. When asked by the bench, counsels appearing for all three petitioners -the Sehajdhari Sikh Federation, Harbans Singh Khandola and Hans Raj -did not raise any objection on the application filed by the Centre for recalling the September 1 orders. The SGPC\'s counsel also agreed on granting the Centre\'s plea. However, appearing for the Punjab government, additional advocate general MC Berry said the presence of senior advocate Harbhagwan Singh would be necessary to address allegations made against him that his September 1 statement in court, which triggered the controversy, was made without any instructions from the Centre. On this, the bench held that it had already dismissed an application moved by the SGPC against Harbhagwan under provisions of Section 340 of CrPC (action against those giving false documents or false statement in court) holding that it was premature. The bench stated that in view of the counsels\' statements on recalling of the earlier order and without going into the correctness of allegations, replies and counter-replies, it recalls its order of September 1.
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