DIGVIJAYA NARAIN SINGH Vs. A K SEN

JUDGEMENT

(1.) Shri Digvijaya Narain Singh filed this petition under section 3 of the Contempt of Courts Act, 1952, and Article 251 of the Constitution of India praying that action for contempt of Court be taken against 21 persons. When the petition came up for preliminary hearing on 1st December, 1969 we directed that notice be issued to Shri Ashoke Kumar Sen, respondent No. 2. (hereinafter referred to as the respondent), only.

(2.) The Indian National Congress, according to the case of the parties is the biggest political organisation in India. It was started in 1885 and has a membership running into millions all over the country. Shri S. Nijalingappa was elected President of the Congress with effect from 1st January, 1968, tor a period of two years. As the term of the President was to expire on 31st December, 1969, the Working Committee of the Congress passed a resolution on 28th April, 1969 at Faridabad purporting to extend the term of the office bearers, including the President, for a further period of one year. According to the respondent the aforesaid resolution was not legal and was contrary to the constitution of the Congress and in any case had to be ratified by the All India Congress Committee within six months from the passing thereof. On 31st October, 1969, a requisition purporting to be signed by more than 400 out of a total a 707 members of the All India Congress Committee was sent to Shri Nijalingappa, President of the Congress, to convene a meeting of the All India Congress Committee to consider a resolution, the concluding part of which was as under :-

(3.) A meeting of the Congress Working Committee, presided over by Shri Nijalingappa, turned down the above requisition. A meeting was thereafter held under the chairmanship of Shrimati Indira Gandhi on November 1, 1969. It was decided by those present to convene a meeting of the All India Congress Committee, as per requisition signed by about 400 members, on 22nd and 23rd November. 1969. at Delhi.