New Delhi, Sep 2 : The government has not withdrawn a 2003 notification preventing Sehajdhari or non-baptised Sikhs from participating in the elections to the SGPC and the polls would take place as scheduled, Home Minister P Chidambaram today said.
He told the Rajya Sabha he has been in touch with Punjab government and schedule for the Shiromani Gurdwara Parbandhak Committee (SGPC) polls was drawn up in close consultation with the Chief Minister and the minister concerned.
"The elections will take place as per schedule," he said, responding to protests by BJP and SAD members in the wake of senior advocate Harbhagwan Singh stating in the Punjab and Haryana High Court that the Centre has decided to withdraw the notification.
The Home Minister also made the statement in Lok Sabha. He said said "neither the Ministry of Law nor the Ministry of Home Affairs had given a vakalatnama to Harbhagwan Singh.
No one from the government had briefed him. In particular, he had no authority to make the statement that the notification dated October 8, 2003 would be withdrawn."
"Government also wishes to make it clear that there is no proposal to rescind or withdraw the notification," he said.
"Government will bring the above facts to the notice of the High Court," he said.
Leader of the Opposition in Rajya Sabha Arun Jaitley asked if the government intends to proceed against Singh as his statement had created tension in the state and given an impression that Centre was interfering in religious affairs.
Chidambaram said he will seek an explanation from the advocate as did not wish to attach any malafide intentions at this stage. "Having regard to the seniority of the lawyer, let us hear him first," he said.
Chidambaram said his ministry had received a report yesterday evening that Singh appeared in the High Court of Punjab and Haryana in the cases relating to the elections to the SGPC.
"He appears to have made the claim that he was representing the Government of India and he sated that the notification dated October 8, 2003 was being withdrawn by the Government of India. On his statement, the High Court is reported to have passed certain orders," he said.
The Home Minister said senior advocate Singh had a letter of engagement from the Centre but had not been briefed on the Centre's stand by anyone.
Earlier, when Rajya Sabha met for the day, BJP and SAD members were on their feet raising the issue. Chairman Hamid Ansari said he has received notice for suspension of Question Hour from Sardar Sukhdev Singh (SAD) and S S Ahluwalia (BJP).
"The Government is making a statement. If you are not satisfied, go ahead and debate the subject," he said.
In the Lok Sabha, Harsimrat Kaur Badal and Sher Singh Ghubaya (both SAD) raised the issue during Question Hour following which Chidambaram made the statement.
Meanwhile, Shiromani Akali Dal president (SAD) and Punjab Deputy Chief Minister Sukhbir Singh Badal has lashed out at the Congress-led UPA government on the notification issue.
In a statement on Thursday, the Akali Dal president said, "The Congress has set itself up against the Khalsa Panth once again. It is clear that, like the French Royals, the Congress leaders at the Centre have learnt no lessons from history." Describing the Centre's move as "dangerous", he said,
"Sensing a historic defeat of its cronies during the forthcoming poll to the Sikh religious body, the Congress rulers in Delhi and Punjab have made one more attempt to thwart Sikh religious aspirations…. The decision is last ditch effort by the Congress to avert an imminent and total humiliation of the Panthic Morcha."
The counsel of the Union Home Ministry had informed the High Court that it has withdrawn the notification of 2003 baring the Sehajdhari Sikhs from participating in the SGPC elections.
Because of the confusion, the SGPC candidates are in a fix whether to continue canvassing or to halt all activities till the commission makes an announcement. Also in a dilemma are at least six candidates who have been elected unopposed.
During the last SGPC elections in 2004, the Sehajdhari Sikhs were not allowed to vote although they were enrolled as voters.
Prior to that, the Sehajdharis always participated in the SGPC elections. So far, the SGPC has seen 13 elections.The September 18 elections would have been the 14th.
Former media adviser to the SGPC, HS Bhanwar, said the general house had passed a resolution in 2003 to de-franchise the Sehajdharis.
LK Advani was then the Union Home Minister in the NDA government and the Shiromani Akali Dal (SAD) was a part of the alliance. It was the SAD that got the NDA to pass the notification debarring the Sehajdhari's from participating in the SGPC elections.
The Sehajdharis then filed a case in the Punjab and Haryana High Court, demanding restoration of their voting rights.
At present, only an Amritdhari Sikh can contest the elections and only Keshdharis and Amritdhris can vote. The current voter strength is 55 lakh. The figure is likely to double if the Sehajdharis are included in the voters' list.
The SGPC elections are held in Punjab, Haryana, HP and Chandigarh.
In a house of 190, only 170 members are elected. Out of these, 157 are from Punjab, 11 from Haryana and one each from Himachal Pradesh and Chandigarh. Thirty seats are reserved from women and 20 for SCs. The house co-opts 15 members. The five high priests are the invitees.
SAD patron and CM Parkash Singh Badal prevailed upon Prime Minister Manmohan Singh to get the SGPC elections conducted prior to the assembly elections in Punjab.
But with the Congress leadership in the state viewing the poll as SAD's “dress rehearsal” prior to the assembly elections, it suggested that it be postponed. The only way this was possible was to withdraw the 2003 notification.
Out of the 170 SGPC members, the SAD did not give the party ticket to 90 members. These 90 members see the withdrawal of notification as a boon and are now considering forming a group to take on the SAD which had denied them the ticket.
The Sikh Gurdwara Act was passed in 1925. The SGPC elections were first held in 1926. Then in 1930,1936,1939, 1942 (till 1942 the term SGPC house had 3- year term), 1944 (the term increased to 5 years), 1955, 1960, 1965, 1979, 1996 and 2004
In the history of the SGPC elections, it was only in 1939 that Bhai Khushi Ram, a Sehajdhari, was elected from Multan (now in Pakistan)
Till 1966, the Sikh Gurdwara Act, 1925, was a state Act, but after the reorganisation of states into Punjab, Haryana, HP and Chandigarh, the Act became a Central Act.
The report about the withdrawal of the notification debarring Sehajdhari Sikhs from the SGPC elections has stunned the Sikhs.
This is a second blow to the community after the Centre dropped the proposal for a separate Sikh Marriage Act a few days back.
