The Jammu and Kashmir High Court has emphasized that individuals do not need to bear the surnames "Singh" or "Kaur" to be officially acknowledged as Sikh individuals.

Case Brief:

The bench, comprising Justice Wasim Sadiq Nargal was adjudicating a petition challenging elections to the District Gurudwara Prabandhak Committee (DGPC) in Akhnoor on the ground that certain non-Sikh voters were added to the electoral rolls.

The petitioner's argument rested on the absence of the surnames 'Singh' or 'Kour' among the voters in question. Following the rejection of his plea by the statutory appellate authority, the petitioner sought redress from the High Court.

“The contention of the petitioner, which has been raised by the appellant/petitioner herein before the appellate authority is contrary to the definition laid down in the Act of 1973, which is not acceptable and the same cannot be sustainable in the eyes of law. There are many people, who do not have “Sikh or Kour” as their Sir names, but still they are recognized as Sikh, as they preach Sikhism”. , the Court said.

The petitioner, who unsuccessfully contested the DGPC election in Akhnoor, challenged the election results on multiple grounds. A significant point of contention was the presence of non-Sikh names in the electoral roll, identified by the lack of "Singh" or "Kour" in their surnames.

During the course of hearing, the petitioner submitted that the inclusion of non-Sikh individuals, as indicated by the absence of "Singh" or "Kour" in their surnames, violated the Jammu and Kashmir Sikh Gurudwara and Religious Endowment Rules, 1975. These rules define a Sikh as someone who adheres to the beliefs of the ten Gurus, follows Guru Granth Sahib, and maintains Kesha (long hair).

Furthermore, the petitioner asserted that the presence of non-Sikh individuals in the electoral roll had compromised the integrity of the entire election process. Additionally, he raised apprehensions regarding the existence of duplicate entries and claimed that votes were cast by individuals who were purportedly deceased.

“There are many people, who do not have “Sikh or Kour” their Sir names, but still they are recognized as Sikh, as they preach Sikhism. This aspect of the matter has gone in detail by the appellate authority and this Court concur with the finding recorded by the appellate authority and do not find any legal infirmity with the same”, Justice Nargal recorded.

The court also pointed out that the petitioner had not raised any objections concerning the electoral roll during the designated period for claims and objections. It emphasized that bringing up such issues at a later stage, after actively participating in the entire election process, was not considered permissible.

Accordingly, the court upheld the order of the appellate authority, dismissing the appeal as devoid of merit and substance.