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Court sets aside edict ordering Sikh temple to elect new executive

The B.C. Court of Appeal has set aside a judge’s decision that ordered members of a Victoria Sikh temple to elect a new executive.
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The Khalsa Diwan Society holds a prayer at the Sikh Temple on Topaz Avenue.

The B.C. Court of Appeal has set aside a judge’s decision that ordered members of a Victoria Sikh temple to elect a new executive.

The appeal, which was heard in Victoria on March 6, involved a dispute between two groups — sometimes referred to as the traditionalists and the moderates — within the Khalsa Diwan Society.

Concerns arose about late voter registration and the validity of the election of their executive a year earlier.

Each group put forward a slate of candidates for an election of the society’s executive on March 9, 2013, Justice Elizabeth Bennett wrote in the appeal court’s unanimous judgment.

The traditionalists’ slate won the election. The moderates then filed two petitions challenging the validity of the election on the basis that many voters were not validly registered as members of the society and the bylaws state that only members are allowed to vote.

In October 2013, B.C. Supreme Court Justice Malcolm Macaulay heard the two petitions together and found that the approval process for new members violated the Khalsa Diwan Society’s bylaws.

Macaulay held that the membership approval process violated Bylaw 26, which requires memberships to be approved by a resolution of the executive. Instead, memberships were approved by a committee made up of two members from each group.

The appeal court has set aside Macaulay’s order, finding that the process did not contravene either the Khalsa Diwan Society’s bylaws or the Society Act.

“In fact, the process was fair and reasonable and followed a procedure sanctioned by the court in earlier disputes involving the society,” Bennett wrote.

Each group had representatives form a committee to approve membership applications.

The committee agreed new members would be registered on Feb. 2 and Feb. 9, 2013. The members were given notice of the election and these dates for registration.

By Feb. 9, 230 new members had registered. The committee agreed to extend the time members could register up to and including election day.

An additional 674 members registered between Feb. 9 and March 8. Registration was suspended between March 8 and 9 to prepare a voters’ list.

On election day, more than 200 people registered and voted. Votes were cast by 2,312 members.

Bennett found that Macaulay erred when he concluded that the executive could not delegate its powers to a bipartisan committee that developed a fair and reasonable procedure for screening and registering applicants for membership.

“This procedure was approved by the courts, and indeed, imposed by the chambers judge in this case to replace Bylaw 26,” Bennett said. “I would allow the appeal, set aside the order of the chambers judge and dismiss the petitions.”

ldickson@timescolonist.com