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The internal battle of two groups of Windsor, Ontario Gurdwara, fight lands in court

Windsor, Ontario, Canada, Sep. 01, 2010
NRIpress.com

We always think it's unfair to turn God's house into a circus for personal reasons and each group is trying to take over the Gurdwara irrespective of the other group "There is no accountability".

The bitter legal war between two factions at Windsor's Sikh temple spilled into the street on Tuesday when critics confronted temple leaders outside the Superior Court of Justice.

"Who do you think you are?" shouted Jiti Rai at members of the temple's executive committee on the courthouse steps.

Another Sikh woman, Deep Rai, had to be restrained by others as she screamed in Punjabi and pointed at temple leaders. She then fell to the ground crying and refused to get up.

Click here:

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jiti Rai, a member of the Gurudwara (Sikh Temple) writes:

Sikhs have been a huge contributor to Canada, and are known as very hard-working people. The biggest issue is they donate millions of dollars to their temples, and give to community.

Some people are more religious that others and they are taking this issue very hard. The temple is a big aspect of their lives and happiness, and not being allowed to go any pray and not be part of a religious service on a weekly basis, is a huge loss to those affected.

I can not think of anyone that i know or have met in my live or even heard of such, where one is banned from their place of religion to worship.

EVEN CONVICTED MASS MURDERERS ARE ALLOWED ACCESS TO CLERGY...THIS IS A VERY SENSITIVE ISSUE..

It is really sad what is happening in the windsor temple. Eighteen people's memberships have been provoked, 25 people have been given notices to stay away from gurdwara and them.

Today mr kandola and their party went to the temple the police were there and they entered langar hall with shoes on and had list of 25 people and made sure no one on that list was there. If Mr Kandola really wants peace and unity as he states why don't they resolve this issue and state everyone is welcome to the temple.

Two people have been give trespass notices.

They are willing to talk to the media and show their concerns,

Mr Avatar Kooner
1745 Manning rd
Tecumseh, on

Given trespass notice on July 8 2010, signed by president Mohinder Singh Kandola President of SIKH CULTURAL SOCIETY OF METROPOLITAN WINDSOR WHO RESIDES AT 3500 WHITESIDE DR WINSDOR ON 519-969-8369

Another notice given on April to Inderpal Dhanoa of 1501 stonebrook cres windsor ontario, 519-250-1810 who is also banned from entering the building, by President Mohinder singh kandola of 519-969-8369

This beautiful building has opened doors for the public and had open houses for the heritage week every year now every sunday we have police cars being parked out there, why and who is paying for this?

Religion is not a privilege , it's a right.

The society needs to be aware of such an injustice going on in they're community. This is a voilation of freedom.

We personally feel this is a denial of our religious rights - preventing us from being dedicated individuals in regards to our freedom of worship and speech. Our cultural diversity and human dignity is being greatly disrespected, and this will not suffice. We always welcome involvement from anyone who shares our organizational vision of seeking peaceful and diplomatic solutions.

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Harjinder Kandola , Secretary, SCSMW reports:

STRUGGLE FOR COLLECTIVE COMMUNITY DEVELOPMENT AND TO STOP DR. KOONER FROM BECOMING A PERMANENT AUTOCRATIC POWER WORSENS AT WINDSOR GURDUARA

Uncompromising position taken by supporters of Dr Sukhdev Singh Kooner to continuously oppose the new executive committee (NEC) of the Sikh Cultural Society of Metropolitan Windsor (SCSMW) has fractured the small and peaceful Sikh Community of Windsor. "They are adamant to make Dr Kooner the CEO, an autocratic power for taking all religious and administrative decisions. This is contrary to the leadership model of Guru- Panth (collective leadership) given to us by Guru Sahib in 1699. All our sincere efforts to focus on the community development and to connect our future generation to the great Sikh heritage are being distracted big time as we still continue to hope that this dispute will end soon and we will be able to serve the society for full term", remarked the secretary of SCSMW, Mr Harjinder Singh Kandola.

Dr Sukhdev Singh Kooner and his group continued to run the society for last 16 years and for these years, Dr Kooner remained the integral leader of his group serving on executive committee irrespective of the different positions he held due to limitations set in the constitution that a person cannot serve the same office in executive committee for two consecutive years. The dispute started late last year when Dr Sukhdev Singh brought a motion as a new business item on the notice of agenda of Annual General Meeting of the SCSMW for the amendment of Constitution of for the creation of a new office position - a JATHEDAR (CEO). Dr Kooner explained that jurisdiction this CEO position will start from Windsor and will be expanded to the whole world later when it will represent All Sikhs worldwide just like the Pope for Christians.  This initiative was vehemently rejected during discussions and never voted on. 

The New Executive Committee (NEC) was elected on December 6, 2009.  The NEC promised to focus on the youth and overall community development in addition to carry on the all the good work of Former Executive Committee (FEC) during its two years in office.  The NEC realized that the youth in the community were drifting away from the ideals of the Sikh way of life and hoped to renew their dedication and love for the faith by holding workshops, symposiums, lectures, camps, etc. that would focus around issues important to children and teenagers.  They also envisioned teaching children about the history of the Khalsa panth so that they could have an appreciation for where they had come from and where they were going.  The new board also promised to work hard to integrate Sikh Community with Canadian mainstream society with positive contribution and active participation in activities such as Canada Day Parade, helping Downtown mission to support those who are in need. However, the Former Executive Committee (FEC) had a different agenda and it has made desperate attempts to retain control of the Gurduâra since the inception of the NEC.  What has ensued in the last 7 months has included death threats, false allegations, chaos & disruptions in divan (religious proceedings), and serious attacks on NEC members.

When the NEC was acclaimed, conflict with the old guard arose almost immediately. The FEC denied to transfer the authority until a petition by Dr Kooner’s Supporters demanding to appoint him as CEO on top of the NEC is not accepted. Dr Kooner purported to expel president Mohinder Singh Kandola and his son Harjinder from the society, effectively removing them from office in order to dissolve the NEC and continue to keep hold on power.  Under these circumstances all other peaceful means to resolve the conflict and to find an amicable solution tried by NEC in good faith were unsuccessful. NEC also offered to take the matter before a collective panel of five neutral Sikhs from Windsor or outside Windsor and promised to abide by whatever decision they made to resolve the ongoing issue.  However, Sukhdev Singh Kooner immediately declined this offer and continued to refuse transfer authority to NEC.

NEC was left with no other choice but to knock the doors of the court to seek justice and a judge earlier this year ruled the Kandolas were the legitimate leaders. Justice Rogin quashed the decision of former executive committee to terminate two members of the new executive committee. Mohinder Singh Kandola and Harjinder Singh Kandola were reinstated as members of the Sikh Cultural Society of Metropolitan Windsor with full privileges retroactive to the date of their expulsion.

Contrary to the expectations that things will settle after the court decision, the supporters of Dr Sukhdev Singh Kooner got even more upset. They continued to intimidate the NEC to resign.   On August 21, 2010, they conducted a purported no confidence meeting, with no notice or improper notice to all then current  bona fide members of the Society, based on an unsubstantiated membership list, away from the Gurdwara, on a vote conducted by themselves and others who were not members of the Society nor members of the Executive Committee. At the same time purported to hold a new election, not in accordance with the requirements of the Society’s Constitution. Then, they forcibly seized control of the Society’s assets on Sunday, August 22, 2010, including the Gurdwara, from the very Executive who had previously been found to be validly in power by this court. They unsuccessfully attempted to change the signing authorities on the Society’s Bank Account and excluded the executive committee members from attending at the Gurdwara and performing their duties as executive committee on Sunday August 22, 2010.  Justice Quinn set aside the forcible sizure of the Sikh temple by Sukhdev Singh Kooner, Avtar Singh Kooner and his supporters since Aug 22, 2010 without any colour of right or without any lawful excuse. This ruling to by Justice Quinn came on Aug 31, 2010 on the first return of the motion of application commenced by the executive committee in the Superior Court of Justice.

Windsor lawyer Raymond Colautti, representing the executive committee led by Kandola successfully argued that the executive committee should remain in place at least until the next court appearance on Oct. 15. He attributed the risk of violence to the Kooner faction. He said Wahid was assaulted by Kooner supporters. “My clients have done nothing but adhere to the law,” Colautti said. “It’s quite the opposite with the other party.”

In the past, the FEC supporters had refused to take parshad at the end of one diwan and even stooped so low as to tie black ribbons (a sign of mourning) on Vaisakhi celebration, the most important day of celebration for Sikhs. Violent threats and weekly disturbances by the FEC supporters became commonplace in the Gurduâra. One of these threat was that they had 2 to 11 members who were willing to go to jail for committing crimes that would take NEC out of power. Evidences of these threats and disturbances were provided to Windsor police.

Treasurer Gurbax Singh Wahid, commented: “We cannot have, every week, a fight within the Gurduâra”. Wahid says he was viciously attacked and punched in the driveway of his home the night of July 5 by two white males who fled on foot. “Two days later, four bullets were fired into my home. We don’t know who’s behind the attacks”, said Gian Singh Chandan, the committee member.

President Mohinder Singh Kandola says that the dissatisfied members should allow them to serve out their two-year term, then let the voters decide who should be running the society next time. He contends the majority support the new management now.

Appreciating the efforts of new executive committee, a congregation member Guramrit Singh Tatla said, “The new management board is working hard to connect kids and youth to the Sikh Value System with new progressive thought and using innovative ways that is appreciated a lot by the youth including both of my teenager kids. As a result of this, there is a new excitement in them”. According to Jagjit Singh Varaich, a teacher and a member of the congregation: “The struggle to bring positive change continues as individuals greedy for power refuse to step back and let the rightfully elected officials do their job”.

Highlights

  • CEO (like Akal Takhat Jathedar) agenda of Sukhdev Singh Kooner
  • Acclamation of New Executive for the term 2010-2011
  • Promise by NEC to bring positive community development
  • Petition by Kooner`s Supporters to make him CEO
  • Refusal to transfer the charge to New Executive committee
  • Membership Terminations to dissolve new committee
  • Death threats, Chaos, Unrest and Disturbance in the Gurduâra
  • Court Ruling by Justice Rogin in favour of New Executive committee
  • Continuous attempts to overthrow the current leadership
  • Vicious assaults and gunshots, Trespass Notices
  • Forcible seizure of Gurdwara by Dr Kooner and his supporters

Court Ruling by Justice Quinn again in favour of Executive committee

 

The Powers of the new Jathedar (CEO) were to be as follows:

  1. Jathedar cannot be replaced or removed except by reasons of death or resignation
  2. He would select his successor himself and may consult the congregation if he so desires.
  3. Candidate for Jathedarship could be anywhere from Canada or outside Canada but preference would be given to Windsorites.
  4. In matters of “Sikh Code of Conduct”, financial decisions and sale, lease, demolition or construction of Gurduaara building/buildings, the Jathedar would have final say.
  5. In matters of conflict resolution, his decision would be final and binding to both the parties.
  6. Jathedar would select Five Pyaraas for Gurmata on important issues before delivering his decision. (Five Pyarass, means panj piare, the five beloved ones, so that the resolution adopted would be by the five beloved ones in the name of the Guru). 
  7. He could not be sued or taken to court by any individual inside or outside the congregation.

    He would serve without any remuneration.

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The notice of application and the interlocutory interim injuction by Justice Quinn in the favour of executive committee of Sikh Cultural Society of Metropolitan Windsor led by Bhai Harjinder Singh Kandola.

Justice Quinn set aside the forcible sizure of the Sikh temple by Sukhdev Singh Kooner, Avtar Singh Kooner and his supporters since Aug 22, 2010 without any colour of right or without any lawful excuse. This ruling by Justice Quinn came on Aug 31, 2010 on the first return of the motion of application commenced by the executive committee last week in the Superior Court of Justice.

Harjinder Singh Kandola remarked, "Gurudwara (Sikh Temple) is place of worship; all are welcome who abide by the constitution of the society and sikh code of conduct. Allegations of preventing people to come to gurudwara is absolutely ridiculous and baseless;  only certain people who come here to disturb the peace, disrespect Guru, give threats, act aggressively  and harm the sikh brotherhood with their actions; such behaviour is condemned in the place of worship are not welcome. Justice is served and society constitution is above any individual, power and prestige; individuals alleged of being banned were not banned automatically based on their questionable behavior.  These individuals were given notices to explain their behavior in writing and were asked to meet the executive committee to resolve the matter. These individuals acted that they are above and beyond the sikh code of conduct, society constitution and Canadian law. Surveillance cameras are for security and installed at almost every public place from airport to shopping malls. Cameras were installed upon request of lot of congregation members who were feeling uneasy after break-in into the gurudwara when treasurer's desk lock were broken and important stuff was stolen. Gurudwara is all day open and requires some sort of vigilance as resident priest can not keep track of  people entering.  Since the atmosphere was tense due to some people constantly threatening and creating disturbance, installed cameras help reduce those incidents. Camera are for safety of the property and people. Police services are availed to ensure that situation is kept under control when some individuals who have established record create disturbance.  Police is there to protect and there is not need to feel offended. Our community serves in the police force and we have high regard for the individuals who are part of police force and serve the community by maintaining peace and order. Our society constitution allows freedom of speech, but it does not allow personal verbal attacks, slandering, sarcasm and propaganda.  Society always seeks individuals who can speak about promotion of sikh brotherhood, praise of the Guru and any scholar work that aligns with sikh code of conduct."

The actions taken by the Kooner and his supporters in this case, are entirely similar, if not identical, to at least one other Gurdwara in Ontario, being the Guru Nanak Sikh Centre Brampton. The situation in Brampton was very similar to what has happened here.  In that case also, a group of dissatisfied members purported to hold their own membership meeting, based on their own purported membership list, conduct a non-confidence vote, and then elect a new executive, who then forcibly took control of the Gurdwara, changed the locks, tried to seize control of the bank accounts.  Justice Corbett stated in his ruling on this matter as follows:

“The defendants may be right: if they are, they may have a valid basis for grievance.  But the proper course was to bring the matter to court and not to seize physical control of the Gurdwara in this fashion.  The court simply will not tolerate this sort of lawless behaviour.  It inflames passions, encourages vigilantism, and can lead to violence.  Even people who are right are not entitled to take matters into their own hands.”

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Windsor Protests Gurdwara's "Dictators"

Jul 27, 2010

WINDSOR PROTEST'S GURDWARA'S 'DICTATORS'

About 300 members of the Sikh community gathered Sunday to protest the current governing of Windsor's Sikh temple.

The congregation of Gurdwara Khalsa Parkash, Windsor's 26,000-square-foot temple, has been steeped in conflict since the current executive committee was acclaimed in December 2009.

Hoisting signs reading "religion is a right, not a privilege" and "we need leaders, not dictators," members young and old protested peacefully outside the temple's formidable gates.

"It's all about our human rights and our freedom of religion," said Satinder Aujla, a 16-year member of the temple.

She said her main concern is the surveillance cameras that were recently installed throughout the temple, including in the prayer hall.

"How can you pray and be at peace when you have cameras shooting down at you and recording your prayers?

"It totally contradicts what you are there to do and praying should be between just you and your God."

While some protesters chanted "peace not police," inside, members continued to pray in silence without disruption.

Windsor police stood by during the protest "just in case," but left without incident.

The current executive committee's secretary Harjinder Singh Kandola said the actions of the protesters are only hurting the already damaged image of Sikhs in the community.

"We come here to worship and praise God, not to come and start making accusations against people," Kandola said.

"Since 9-11 things were really different for minorities so we should be working on productive things like promoting Sikh brotherhood, Canadian values and how we can improve our image."

Kandola said the cameras were installed for security after someone broke into the temple.

He said cameras are commonly found in temples throughout India as well.

Two Sikhs have been issued trespass notices by the executive in recent months, accused of causing disruptions in the temple. Another has had her membership in the local Sikh society revoked and another Sikh is facing a membership revocation.

Windsor allergist Dr. Sukdev Singh Kooner, a former executive committee member, said the exiled Sikhs have followed the outlined procedures to appeal their ousters, but their requests have gone unanswered.

"More than just surveillance, the issues are that nobody can speak there, people have been given trespass notices and they cannot attend the service," Kooner said.

For 13-year-old Gurleen Dhaliwal, the temple should be a place of worship, not politics.

"We come here to pray to God, not somebody else and that's just not happening because of all the drama," said Dhaliwal, who was among the group of protesters.

"The temple needs to be respected and you shouldn't be able to just change it, it has to stay the way it is."


Windsor Sikh leaders barred from temple


WINDSOR, Ont. — Longtime Sikh community leaders have been hit with trespass notices and expulsions from their own society as a feud at the city’s majestic $6.5-million temple degenerates, with allegations of violent threats, disruptions and attempts to overthrow the current leadership.

“It broke my heart, big time,” said Avtar Singh Kooner, 59, as he described the humiliation suffered since receiving a trespass notice on July 9 from the Sikh Cultural Society of Metropolitan Windsor, a society he presided over for a decade. He owned the land on County Road 42 where the 26,000-square-foot temple, the Gurdwara Khalsa Parkash Windsor, was built 10 years ago. But now he is not allowed past its imposing gates, he can’t bring his 95-year-old mother to religious services and he can’t use it for a ceremony to mark the 30th anniversary of the death of his father.

“I’ve been in Windsor since 1975,” said Kooner. “We built this place all together, to go there every Sunday or whenever we feel like it, and now it’s a very big shock to me. Now, everybody knows, all over, this guy was kicked out of the temple.”

But the current members of the temple’s executive committee — acclaimed at the end of last year after the same group ran it for 16 years — say they’re only trying to stop the defamations, badmouthing, and disruptions of religious ceremonies by disgruntled members who can’t accept they’ve lost power. “We cannot have, every week, a fight within the temple,” said treasurer Gurbax Singh Wahid.

Secretary Harjinder Singh Kandola said: “Within the temple the situation is very tense, very stressful.”

Wahid says he was attacked and punched in the driveway of his home the night of July 5 by two white males who fled on foot. Two days later, four bullets were fired into the home Gian Singh Chadan and his wife Pritam Kaur, the committee members say. They don’t know who’s behind the attacks. They say the previous weekend there was a great disturbance in the temple when one disgruntled man attempted to forcefully take control of the podium.

The animosity started late last year when a new slate of people were acclaimed to the committee, which had been led for many years by Windsor allergist Dr. Sukdev Singh Kooner, who is said to have donated $2 million to construct the new temple.

When the new group was acclaimed, conflict with the old guard arose almost immediately. The old group attempted to expel president Mohinder Singh Kandola and his son Harjinder from the society, effectively removing them from office. The Kandolas sued, and a judge earlier this year ruled the Kandolas were the legitimate leaders.

“And now they’re using their newfound authority to keep people away from the temple who they perceive as being not of the same mind as them,” said Patrick Ducharme, who represents Dr. Kooner, Avtar Kooner (they’re very distantly related) and the rest of the deposed Sikhs. “Sadly they’re going to run out of notices of the Trespass to Property Act, because essentially about 75 per cent of the congregation, as I understand it, does not like this (new) group.”

In April, when the two factions were in court, Dr. Kooner was not allowed into the courthouse after the judge ruled he couldn’t wear his kirpan, the ceremonial dagger worn in devotion to his faith. The Sikh society has about 700 members and the congregation has between 1,000 and 1,100.
“It’s almost laughable what they’re doing,” Ducharme said. “It would be laughable if it weren’t so serious to the people who simply want to go to their temple to worship.”

Inderpal Singh Dhanoa, 40, was issued a trespass notice March 31 signed by the elder Kandola, who stated Dhanoa had “threatened to cut off the head” of a fellow member of the congregation.
Reference:: Sikh Philosophy Network http://www.sikhphilosophy.net/canada/31548-windsor-sikh-leaders-barred-from-temple.html

Kandola writes that such conduct is “repugnant to Sikh values.”

Dhanoa said he didn’t mean what he said, and it was not directed at a specific individual. “It’s like an expression in my language, that you’ll stop them using whatever means.” Because of the trespass order, he said he drives to London to attend religious services.

Windsor police have investigated the threat allegations.

“And we’ve found no criminal behaviour,” said Deputy Chief Jerome Brannagan. “There are obviously two factions in the temple. Some are getting along, some are not getting along.” But he added that to the best of his knowledge the disputes aren’t religious in nature.

He said that on occasion Windsor police officers have been hired by the temple Windsor as contract duty officers to keep the peace. Surveillance cameras have also been installed.

On July 7, vice-president Jasbir Kaur Shokar, had her membership in the society revoked, and hence her vice-presidency, for “provoking the congregation members by making false allegations” against fellow committee members.

She claims she was only sticking up for the congregation members who were being treated unfairly.

“I couldn’t take it anymore,” she said. You just can’t ban people from their beloved place of worship because of personal differences, she said. “What are the kids going to learn from this? It’s sad, very sad.”
The current leaders say the disgruntled members should allow them to serve out their two-year term, then let the voters decide who should be running things. They contend the majority support them.
Reference:: Sikh Philosophy Network http://www.sikhphilosophy.net/showthread.php?t=31548


Read more:
http://www.windsorstar.com/health/Wi...#ixzz0uRptPmON

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