SARDAR CHANCHAL SINGH Vs. RAM SEWAK MISHRA

JUDGEMENT

(1.) BEFORE whom this case came up for hearing felt that certain legal propositions enunciated by Hon'ble V. N. Verma, J in the case of Jai Dev Singh Arya v. Ram Sewak Misra, Civil Misc. Contempt Application No. 82 of 1978, decided on 25th of April, 1979 required reconsideration. He has accordingly referred the case for decision by a Division Bench and this is how the matter has come up BEFORE us.

(2.) SARDAR Chanchal Singh (hereinafter called as the petitioner) filed an application under section 13 of the Contempt of Courts Act and prayed that respondent Ram Sewak Misra, Sub-Divisional Officer, Sadar Rampur/Election Officer, Zaila Sahkari Federation Ltd., Rampur be punished for committing contempt of this Court inasmuch as he had disobeyed this Court's order dated 30th of August, 1978 passed in Civil Misc. Writ Petition No. 7371 of 1978.

(3.) LEARNED single Judge before whom the petition came up for hearing, after considering the allegations made in various affidavits came to the conclusion that it was not safe to act on the affidavit filed by the petitioner alone and to hold on that basis that the petitioner had announced the result. He did not find any reason for not accepting the averment made by the respondent in the counter-affidavit that on l!th of September, 1978 after counting the votes he did not formally declare the result thereof. He observed that in the circumstances of the case he did not consider it safe to act on the affidavit filed by the petitioner alone for concluding that the respondent had after counting the votes, formally declared the result of the election as well.