Two factions went to court over the results of the temple's 2023 AGM
The B.C. Court of Appeals rejected an appeal over a legal battle between factions vying for the leadership of the Sikh Temple in Penticton.
The Garcha Group accused the Bains Group of using non-members to impact the selection of directors, while the Bains Group accused the Garcha Group of changing officers of the society, the society’s registered office, the acclamation of some newly elected directors, and changing the locks on the temple’s front and office doors.
The last time directors were chosen was in 2018, and members of both groups were acclaimed as directors at the 2023 meeting. Both groups agreed that non-members cast votes and participated in the AGM. Under the Societies Act, non-members are not allowed to participate in a ballot-based election and vote.
“Further, there is no evidence that anyone protested the general idea that directors could be acclaimed or that anyone demanded an election by ballot,” reads the judgment. “In my view, the important point flowing from the evidence described above is that the acclamation was essentially carried out by consensus.”Justice Loo did find that two non-members were acclaimed as directors and that they should either resign or become members.
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