SAD panel in fix over accepting Sukhbir’s resignation

Shiromani Akali Dal is 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.

The section of leaders in the party have raised apprehensions that accepting the seven-member committee constituted by the Takht under the chairmanship of Shiromani Gurdwara Parbandhak Committee (SGPC) president Harjinder Singh Dhami can be construed as taking directions from a religious body and violations under the provisions of the Representation of the People Act of 1950.

The leaders also said it might be seen as a violation under the provisions of the 42nd Amendment (1976) in the constitutions, which calls for secular credentials of any political party.

“The party is in a quandary as it might end up losing recognition from the ECI and the situation may also lead to the party losing its election symbol takri (scales). So at this stage, we need to tread with caution,” said a SAD leader, pleading anonymity as he is undergoing atonement ‘sewa’.

Another leader, who also didn’t wish to be named, said: “Political parties in India cannot be based on promoting religious ideologies. If any party is found to be promoting enmity between different groups on grounds of religion (or other identities), it can face legal consequences, including deregistration or disqualification.”

He also quoted a 1995 judgment by the Supreme Court in which it observed that India is a secular state, and political parties cannot function solely on the basis of religion and SAD also amended its constitution after that.

Dhami said: “We do not want to leave anything to chance, and will take decisions after thoroughly pondering over it.”

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.

The highest temporal body of the Sikhs on December 2 then pronounced tankhah (punishment) with jathedar Giani Raghbir Singh asking Sukhbir to perform sewa for atonement of sins. The Takht further asked the Akali Dal working committee to accept Sukhbir’s resignation and also constituted a committee to monitor the reorganisation of the party within a period of six months.

Earlier, the Takht had asked the SAD working committee to accept Sukhbir’s resignation within three days (by December 5), however after the party said that the meeting of the working committee could not be called as several leaders are performing sewa, the deadline was extended till December 20.

It is learnt that SGPC president Dhami also met the Takht jathedar and reportedly discussed the legal tangle in handing over party command to a seven-member committee. He also asked the clergy to take legal opinion on the matter.

Other than Dhami, members of the committee include – former SGPC president Kirpal Singh Badungar, Jhoondan committee head Iqbal Singh, Gurpartap Singh Wadala, MLA Manpreet Singh Ayali, Santa Singh Umaidpur, and Bibi Satwant Kaur.

Party general secretary Gurjeet Singh Talwandi, however, said that in an affidavit filed by the ECI, it had admitted there is no law or provision which bars association with religious connotations to register themselves as political parties.

“Withdrawing their symbols is legally untenable as it is strictly based on their political performance as mentioned under Sections 6A, 6B and 6C of Representation of People’s Act,” Talwandi said.