VIJAI PRATAP SINGH Vs. AJIT PRASAD

JUDGEMENT

(1.) THE petitioner, V. P. Singh, is an Advocate practising at Azamgarh, Opposite Party No. 1, Shri Ajit Prasad Jain was erstwhile President of the U. P. Congress Committee, while Opposite Party No. 2, Govind Sahai is the General Secretary of the U. P. Congress Committee. Opposite Party No. 3, Rameshwar Narain Singh is the General Secretary of the District Congress Committee, Azamgarh. Election for membership of Prarambhik (Primary) Congress Committee of Tarwa in the district of Azamgarh was held on 10-4-84 for which the applicant and one Badri Singh were the only two candidates. Badri Singh aforesaid was declared elected. Accordingly on 16-4-64 the applicant filed suit No. 132 of 1964 in the Court of the City Munsif, Azamgarh, on the allegations that the Election Officer had committed certain illegalities and irregularities in conducting the said election; as such the same may be declared to be void and inoperative. Along with the plaint the petitioner had also filed an application for injunction whereupon the Munsif issued an ad interim order, dated 18-4-64 restraining the District Election Officer. Assistant District Election Officer and Polling Officer, Tarwa. from holding elections for membership of the District Congress Committee, Pradesh Congress Committee and Mandal Congress Committee of Tarwa constituency. Badri Singh, who was declared elected as member of the Prarambhik Congress Committee and who was arrayed as defendant No. 5 to the suit, was also restrained from taking part in those elections pending final orders. Badri Slngh thereupon filed an application, dated 21-4-64 praying for vacating the injunction order, dated 18-4-64.

(2.) IT appears that by its resolution, dated 4/5-12-1950 the Working Committee of the Indian National Congress had passed a resolution to the effect that any member of the Congress having a grievance in respect of any election of the Congress organisation should approach the tribunals set up by the Congress for that purpose and should obtain redress by way of appeal or reference to one or the other of the tribunals established under the Congress Constitution. It was clearly set out that such matters should not be taken to law Courts. It was accordingly resolved by the Working Committee that any member who institutes a suit or other proceedings in law Courts against any Congress Committee or official was liable to summary removal from the membership of the Congress by order of the Provincial Congress Committee concerned. In view of the above resolution Sri Gulzari Lal Nanda, who had been delegated the authority of the Working Committee in respect of organisational election in U. P. , issued a directive, dated 20-4-1964 to the President, U. P. Congress Committee, Opposite Party No. 1, to take immediate action against those members who had gone to the Courts in regard to the Congress organisational elections anywhere in U. P. Accordingly on 21-4-1964 Opposite Party No. 1 issued circular letters to all the District Returning Officers in U. P expelling those Congressmen from membership of the Congress who had filed suits in law Courts concerning organisational elections. Inter alia one such letter each was also issued by opposite parties Nos. 1 and 2 to the District Returning Officer, Azamgarh, expelling the petitioner and removing his name from the membership of the Congress. This decision was duly communicated by the District Returning Officer, Azamgarh, to the petitioner. Similar expulsions of many Congressmen were also made in various other districts of U. P.

(3.) THE application, dated 21-4-1964 of Badri Singh (defendant No. 5 to the suit) for vacating the injunction order came up for final hearing before the City Munsif, Azamgarh, on 25-4-1964, when opposite party No. 3 filed his affidavit mentioning the fact that the petitioner had since been expelled from the Congress organisation. The Munsif accordingly vacated the interim injunction by his order, dated 27-41964 principally on the ground that the petitioner was no longer a member of the Congress organisation. On 9-5-1964 the petitioner moved an application before the City Munsif for proceedings in contempt, inasmuch as the present opposite parties had acted in collusion with one another and. by removing him from Congress organisation, had directly interfered with the normal course of justice by hampering the progress of the suit. The learned Munsif by his order, dated 30-5-1964 rejected the aforesaid application mainly on the ground that the present respondents were not parties to the suit. Hence the petitioner has filed the instant application in this Court for punishing the opposite parties for having committed the contempt of the Court of the City Munsif, Azamgarh, on the basis of the aforementioned facts.