Dec 22 deadline to accept Sukhbir’s resignation: Legal opinion to form basis of reply to Akal Takht

As the extended deadline for accepting Sukhbir Singh Badal’s resignation from the post of president by Shiromani Akali Dal (SAD) working committee ends on Sunday, the party is planning to submit a reply before the temporal seat explaining political impediments over acceptance of the resignation as directed by the Akal Takht, the religio-temporal body.

After having legal opinion from experts, the party has concluded that it may cause irreparable damage to the party amid fears of being derecognised by the Election Commission of India and the party’s poll symbol (scale) might also be taken away.

A five-page reply is expected to reach the Sikh clergy head on Saturday. On December 2, five head priests, led by Akal Takht jathedar Giani Raghbir Singh, pronounced tankah (religious punishment) on Sukhbir Singh Badal and other leaders, asking them to perform ‘sewa’ that ended last week. All of them have been issued certificates by the Akal Takht for having concluded their sewa.

The head priests had also asked the SAD working committee to accept Sukhbir Badal’s resignation within three days, for which the party sought extension in deadline for 20 days. The clergy has also constituted a seven-member committee, led by Shiromani Gurdwara Parbandhak Committee (SGPC) Harjinder Singh Dhami, to oversee reforms and reorganisation of the party with six months, beginning with membership drive and election of the president.

Since the pronouncement of tankah, the SAD has been in a fix over accepting the resignation tendered by Sukhbir Singh Badal from the post of president and reorganising the party as per Akal Takht’s edict, fearing that it could land in a legal tangle with the Election Commission of India.

A section of party leaders is said to have raised apprehensions that accepting the seven-member committee, constituted by the Takht under the chairmanship of Dhami, can be construed as taking directions from a religious body and thus violating the provisions of the Representation of the People Act of 1950. “The reply will be submitted in humility, explaining the legal points. We do not want to take any risk at this stage,” said party vice-president Daljit Singh Cheema.

“The opinion covers every possible aspect. The crux is that the religio-temporal body directing reorganisation of the party might lead to trouble for the party,” said a senior lawyer who was not willing to be quoted.

According to SAD leader Maheshinder Singh Grewal, the party’s preamble in 1948 was written as a party of the Sikh panth, Punjab, ‘mazloom’ (downtrodden) and ‘pichrey warg’ (backward classes), but after the Supreme Court directions in 1989 for all parties to be working on secular lines, the party’s constitution was changed, announcing SAD as a secular party.

Sukhbir had tendered his resignation in November and Balwinder Singh Bhundar was named as the working president. On August 30, Sukhbir was declared tankhaiya (guilty of religious misconduct) by Akal Takht.

SGPC president Dhami has already discussed the legal tangle in handing over party command to a seven-member committee with the Akal Takht jathedar. The Sikh clergy then had asked for details on the matter.