AIR 1955 SUPREME COURT 455

Supreme Court Of India

(From Punjab: AIR 1951 Simla 257) 24th March 1955

Hon'ble Judge(s): Vivian Bose, B. Jagannadhadas, T. L. Venkatarama Ayyar, B. P. Sinha , JJJ

Sikh Gurdwaras Act (8 of 1925) , S.25A— "Date of the constitution of the Committee." Sub-section (2) of S.88, Sikh Gurdwaras Act provides with reference to committees under S. 85 that, as soon as all the members described therein have been elected or coapted, the fact should be duly notified, and also declares in clear and categorical terms that the date of the publication of the notification shall be deemed to be the date of the constitution of the Committee, In the face of the deeming provision relating to those committees it is not permissible to impute to such a committee any other date as the date of its constitution for any of the purposes of the Act and to imply an exception and an addendum to the specific deeming provision. This would be legislating.(Para 3) The Committee for all the Gurdwaras situated within the Municipal limits of Amritsar was constituted prior to the year 1930 and this committee also became the Committee concerned with the Gurdwara Bunga Sarkar which is located within the Municipal limits of Amritsar. It cannot be said that this Committee became concerned with the Gurdwara Bunga Sarkar only from the date when the notification under S. 17 was issued i.e. from the 3rd March 1937. The date of the notification under S. 17 could not in respect of such Gurdwara be deemed to be the date of the constitution ....