SANJEEVKUMAR Vs. VEERAPPA

JUDGEMENT

(1.) These contempt petitions are filed by the petitioners/complainants alleging wilful disobedience of the interim order of the learned Single Judge dated 1.6.2019 passed in W.P.Nos.202490-92/2019.

(2.) Learned counsel for the petitioners/ complainants would submit that the learned Single Judge by the interim order dated 01.06.2019 had directed the respondent No.3-the Election Returning Officer to include the petitioners in the eligible voters' list, receive the nomination papers from the petitioners and permit the petitioners to participate in the further electoral process. Though the said order was passed on 1.6.2019, the petitioners' name was included in the voters' list only on 8.6.2019 pursuant to the directions issued by the Deputy Commissioner on 7.6.2019. Hence, there is wilful disobedience by the accused/respondents in complying with the order of this Court.

(3.) Learned counsel for the accused/respondents would submit that the directions issued by the Hon'ble Judge on 01.06.2019 is to the respondent No.3 in the writ petition - the Election Returning Officer. Hence, the contempt proceedings initiated against respondent No.2 herein is wholly erroneous and illegal. At the outset contempt petition against the accused No.2 deserves to be dismissed. It was further submitted that pursuant to the directions issued by this Court on 01.06.2019 which consists of three parts viz., (1) to include the petitioners in the eligible voters' list (2) receive the nomination papers from the petitioners (3) permit the petitioners to participate in the further electoral process, are duly complied with by the respondent No.1/accused No.1. The reply filed to the contempt petition along with annexures has been relied upon to substantiate his arguments that the petitioners were included in the voters' list as on 02.06.2019 as per Annexure-R2, nomination paper was submitted by petitioner No.1 - Sri Sanjeev Kumar on 02.06.2019 similarly petitioner No.2-Sri Prathavairaj has submitted nomination papers on 02.06.2019. The petitioners were permitted to participate in the electoral process, results of the elections were declared on 13.06.2019, wherein Sri Prathavairaj who contested from Department of Commercial Taxes has been duly declared as elected and Sri Sanjeev Kumar is declared as unsuccessful in the elections. In view of the compliance of the interim order passed in Writ Petition Nos.202490- 92/2019 as aforesaid, there is no breach as alleged by the petitioners and the same requires to be dismissed.