GOVIND SAHAT Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal, by special leave, is directed against the judgment and order of the Allahabad High Court, dated September 20, 1965, passed in Criminal Miscellaneous Contempt Application No. 76 of 1964, finding the appellants guilty, of having committed contempt of Court, and sentencing each of them, to pay a fine of Rupees 500/. They have also been directed to pay the costs, in the contempt proceedings.

(2.) The first appellant died, during the pendency of this appeal. As a fine has been imposed, against him, in addition to the liability to pay costs, his widow has been brought on record, as his. legal representative, and allowed to continue these proceedings.

(3.) The circumstances, under which the contempt proceedings came to be initiated, in the High Court, may be briefly indicated. The second respondent, herein, Sri V. P. Singh, is an advocate, practicing at Azamgarh, and he was a member of the Congress organisation, at the material time. He stood for election, for membership of the Prarambhik (primary) Congress Committee, of Tarwa, in the District of Azamgarh, held on April 10, 1964. His opponent was one Badri Singh. In that election, Badri Singh was declared elected. The second respondent filed, on April 16, 1964, a suit, No. 132 of 1964, in the Court of the City Munsif , Azamgarh, for having the election of Badri Singh, declared void and inoperative. He had alleged various irregularities, regarding the conduct of the said election. Along with the suit, he had also filed an application, for in junction, restraining the District Election Officer, and other Officers, from holding elections for membership of the District Congress Committee. He had also asked for an injunction, restraining Badri Singh, from taking part in the elections, for membership of the District Congress Committee. The City Munsif had granted the interim injunction, on April 18, 1964. Badri Singh, on being served with this interim order, filed an application, dated April 21, 1964, before the City Munsif, praying for vacating the order of interim injunction.