Manjeet Rai and Others v The Charity Commission for England and Wales

Hearing dates: 18 April 2012

Shri Guru Ravidass Sabha ("Ravidass Sabha") is an unincorporated registered charitable association. Its activities centre upon a temple in Southall. Ravidassias are followers of Shri Guru Ravidass Ji (born 1377 CE). They believe that he spearheaded the fight against manmade discrimination based on caste, colour or creed and preached the lofty ideals of socialism, secularism, equality and fraternity: and that he taught the lessons of universal brotherhood, tolerance and "love your neighbour". These teachings have a particular resonance for his followers, many of whom were drawn from the Hindu caste of Untouchables. Some of the teachings of Shri Guru Ravidass Ji were incorporated into the Sikh Holy Book, the Shri Guru Granth Sahib ("the Granth"): but only some 40 hymns and 1 verse.

The governing instrument of Ravidass Sabha is a Constitution dated the 14 December 2007. It sets out (in Clause 2) the aims and objects of Ravidass Sabha. Clause 2(a) is in these terms:—

"To worship almighty God in accordance with the teachings and philosophy, mission and principles of Shri Guru Ravidass Ji from the Holy Book of Shri Guru Granth Sahib and research of Holy Scriptures of Shri Guru Ravidass Ji".

Whilst the language of the clause is not crystal clear, one tenable reading of the aims and objects is that the Ravidass Sabha exists to facilitate the worship of God in accordance with the teachings and philosophy, mission and principles of Shri Guru Ravidass Ji derived from (i) the Granth and (ii) research of Holy Scriptures of Shri Guru Ravidass Ji. The objectively ascertainable context within which the words used in Clause 2(a) fall to be understood is that whilst some of the teachings, philosophy and principles of Shri Guru Ravidass Ji can be found in the 40 hymns and 1 verse included in the Granth, over the years research has located other material which some Ravidassias regard as Holy Scriptures of Shri Guru Ravidass Ji.

Clause 5 of the constitution deals with membership. Clause 5(b) says:—

"All Permanent Settled in the UK members of original Ravidassia Community of 18 years or over who accept the aims and objects of the Sabha shall be eligible for the ordinary membership of the Sabha".

Discipline within the Ravidass Sabha is dealt within Clause 8. Clause 8(b) says:—

"Any member in doubt or one who wishes to complaint (sic) against the Executive Committee should address his complaint in writing with evidence to the General Secretary/President of the Sabha… He/she would get the reply within 14 days positively. If he/she is not satisfied with the reply then the matter can be referred to the Chairman of the Trust. Because Trust is responsible of the entire affairs of the Sabha. So Trust will not go to court in any circumstances and also any member of the Executive Committee/Official on any dispute. In addition to that any member to act against the interest of the Sabha such as to publish the unnamed leaflets against any member/official or any such kind of activity is strictly prohibited".

As that provision indicates there are two separate bodies responsible for the governance of the Ravidass Sabha. First there is an elected Executive Committee. Second, there are eleven appointed trustees (who cannot be members of the Executive Committee) and who elect a chairman from amongst their number. The body of such Trustees is the "Trust" referred to in Clause 8(b).

Elections to the Executive Committee are meant to take place every two years. Clause 12 of the Constitution deals with procedure. The election is to be held in the month of September. By Clause 12(b):—

"Election procedure shall be laid down by the EC at least 6 weeks before the Election, subject to the approval of the General Body Meeting."

By Clause 12(f) it is provided:—

"At the time of election of the Executive Committee, the New Membership Book shall be ready at the General Body Meeting is to be held. It must hand over to the Chairman of the Concerned Groups at the time of Submission of Nomination forms to the General Secretary of the Executive Committee…".

This provision needs to be spelt out a little. What is envisaged is that at the time of each election a new register of members is to be prepared. This would record those entitled to vote and to attend the General Body Meeting (to approve the election procedure proposed by the Executive Committee). Under Clause 12(c) of the constitution:—

"All Elections of the Sabha shall take place by secret Ballot; each member casting a single vote for an individual candidate (in direct election)."

In April 2011 elections were overdue. On the 5 April 2011 the Executive Committee placed an advertisement in a Sikh newspaper setting out the proposed membership registration timetable. It included the following statement:—

" PLEASE NOTE: According to constitution of Shri Guru Ravidass Sabha Southall our relegious (sic) Guru is Shri Guru Granth Sahib Ji and we do not endorse any other holy book. To become member of Shri Guru Ravidass Sabha you must belong to Ravidassia Community and belive (sic) in Shri Guru Granth Shib Ji….".

This Note is an addition to the election registration invitation previously used. What lies behind it is an emerging doctrinal dispute about the results of the "research of Holy Scriptures of Shri Guru Ravidass Ji" referred to in Clause 2(a) of the Constitution. That research has led to the compilation of what is suggested to be a new Holy Book of the Ravidassias known as "Shri Guru Ravidass Amrit Bani", promulgated on the birthday celebration of Shri Guru Ravidass Ji on 30 January 2010 ("the Amrit Bani"). Some Ravidassias accept the Amrit Bani: some Ravidassias (particularly those originating in the Sikh communities of the Punjab) do not.

But irrespective of the question whether the Amrit Bani constitutes the sole (or an alternative) source of the teachings and philosophy, mission and principles of Shri Guru Ravidass Ji the Public Notice differs from the express terms of Clause 2(a) of the Constitution (which are the aims and objects of the Sabha which under Clause 5(b) a member of the Ravidassia Community must accept to be eligible for membership) in that

a) It tells the potential member that the only "Guru" is the Granth (whereas Ravidassias may regard Shri Guru Ravidass Ji himself as a "Guru"):

b) It requires "belief" in the Granth (whereas the Constitution appears to require only acceptance of the Granth as a source for the teachings and philosophy, mission and principles of Shri Guru Ravidass Ji):

c) It appears to deny any status at all to the writings of Shri Guru Ravidass Ji which are not contained in the Granth (although a tenable reading of the Constitution appears to contemplate legitimate reference to other Holy Scriptures of the Guru).

Immediately the Notice was published in those terms Solicitors for the Claimants wrote to express their concern, observing that the terms of the Notice were a departure from previous practice. The letter said:—

"We are aware of the fact that, at the moment, there are many members of the Sabha, who believe in Budhism Radha Swami Christianity etc. The new condition would prohibit them from becoming members of the Sabha and [we] seek your confirmation that this condition is removed".

The letter invoked Clause 8(d) of the Constitution. It concluded in these terms:—

"We wish to make it very clear that it is not the intention of our clients to show any disrespect to [the Granth] or any other Holy Book. That Holy Book has been used to worship Shri Guru Ravidass Ji purely and simply as that was the only Holy Book that contained the holy scriptures of Shri Guru Ravidass Ji. Now that a Holy Book has been dedicated specifically for the Ravidassia faith, that should be utilised and used as the Ravidassia Holy Book".

It was suggested that there be a reference to mediation.

The Executive Committee did not reply to this letter: so the Claimants requested the Trustees to deal with the matter.

According to the evidence of one of the Trustees (Mr Virdi), there was a meeting of the Trustees on the 8 May 2011 at which it was agreed

a) That the requirement that a member had to believe in the Granth was not a requirement of the Constitution: and

b) That the statement that the "Guru" of the Ravidassia Sabha was the Granth was not acceptable.

No communication in these terms was made with the Claimants.

On 10 May 2011 the Claimants issued a Claim for an injunction to restrain the Executive Committee from requiring persons seeking registration as members of the Ravidass Sabha to affirm belief in Shri Guru Granth Shib Ji. No pre-action protocol had been observed. Although the action clearly constituted "charity proceedings" no application had been made to the Charity Commission under what was then Section 33 (2) of the Charities Act 1993.

A written application was subsequently made to the Charity Commission on 12 May 2011. Consent was refused on the grounds that the Chairman of the Trustees had indicated a willingness to postpone or cancel the registration of members which was due to commence on the 15 May 2011 and to proceed under the terms of the constitution to resolve the dispute under Clause 8(d), or if the internal...