Appoint new Commissioner of Gurdwara Elections in Haryana before H.S.G.M.C. polls, Advocate urges State Govt
Appoint new Commissioner of Gurdwara Elections in Haryana before H.S.G.M.C. polls, Advocate urges State Govt
Current incumbent being a former member of Haryana Human Rights Commission is legally ineligible for employment under State Govt. — Advocate
CHANDIGARH – Just days before the process for conduct of general election to Haryana Sikh Gurdwara Management Committee(H.S.G.M.C.) begins coming Wednesday i.e. 18 December 2024 with the publication of notice by the Returning Officer for inviting nominations, an Advocate of Punjab & Haryana High Court, Hemant Kumar has sent a Memorandum cum Representation to the State Governor, Chief Minister, Chief Secretary, Home Secretary, Law & Legislative Secretary (a.k.a. L.R.) as well as Advocate-General etc. for making appointment of new Commissioner of Gurdwara Elections, Haryana since Justice H.S. Bhalla (Retired), the incumbent Commissioner of Gurdwara Elections, Haryana has remained Member of Haryana Human Rights Commission (HHRC) from Sep, 2012 to Sep, 2017 and as per Section 24(3) of Protection of Human Rights Act, 1993 (Central Act. No. 10 of 1994) he is ineligible for further employment under the State Govt. or under the Government of India
Two years ago on 26 December 2022, vide a Notification by the Home Department of Haryana Government Justice H.S. Bhalla (Retd) was appointed as Commissioner, Gurdwara Elections, Haryana.
Pertinent that Justice Bhalla (Retd), after superannuation as Judge of Punjab & Haryana High Court followed by Judge of Orissa High Court thereafter also remained Member of Haryana Human Rights Commission (HHRC) from Sep, 2012 to Sep, 2017 ( read also as Acting Chairperson of HHRC from Aug, 2016 to Sep, 2017).
Now section 24(3) of The Protection of Human Rights Act, 1993 (Central Act No. 10 of 1993) provides/stipulates that On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the Government of a State or under the Government of India
Hemant strongly asserted that there is no denying the fact that if duly enacted law of the Parliament of India viz. Protection of Human Rights Act, 1993 explicitly mandates ineligibility of any Ex/Former Chairperson or Member of State Human Rights Commission for any further appointment under the State Government or under the Government of India, then the same is to be complied with meticulously and strictly.
Needless to mention that the post of Commissioner, Gurdwara Elections, Haryana is very much employment under the State Government of Haryana including considering the fact that the terms & conditions of his appointment are issued by the State Government as also mentioned on Justice H.S. Bhalla’s appointment Notification dated 26 Dec 2022. Also as per Section 13(4) of Haryana Sikh Gurdwara (Management) Act, 2014 ( Haryana Act No. 22 of 2014) as read with Section 50 of the ibid Act, it becomes crystal clear that the coveted post of Commissioner, Gurdwara Elections, Haryana is an appointment/employment under the State Government of Haryana, quipped Hemant.
In view of the above, the Advocate has urged the Haryana Governor, Chief Minister and all aforementioned functionaries to take due cognizance in this regard and order prompt and suitable action at the earliest especially before initiation of process for conduct of general election to H.S.G.M.C. which begins from 18 December 2024 so that any sort of unnecessary/unwarranted litigation in this regard can be prevented.