Justice S S Nijjar, one of the two Supreme Court judges on the bench scheduled to hear a petition filed by the Sehajdhari Sikh Federation in connection with the voting rights of Sehajdhari Sikhs in the September 18 Shiromani Gurdwara Parbandhak Committee (SPGC) polls, chose to withdraw from hearing the case.
The case will now be heard by another bench appointed by the Chief Justice of India.
Last week, the bench of Justices Altamas Kabir and Nijjar had scheduled the matter for Wednesday.
The federation has challenged the HC order dated September 9, whereby a full bench headed by Justice M M Kumar suspended an earlier order of the HC dated September 1.
In the September 1 order, the court held the Sehajdhari Sikhs’ challenge from being barred from the elections as infructuous. The court’s decision was prompted by an assurance from Central government counsel Harbaghwan Singh that the October 2003 notification barring Sehajdhari Sikhs from the polls stands withdrawn.
Later, Home Minister P Chidambaram told Parliament that the notification had not been withdrawn and there was no decision taken by the ministry to this effect.
On September 9, the HC suspended the earlier order, which effectively meant that the October 2003 notification continues to be effective.
The federation has arrayed the Union of India, Punjab government, Chief Commissioner of Gurdwara elections and SGPC as opposite parties in the SC. The issue had led to a major controversy in Punjab politics and the Sikh community.
