CHUNNILAL KEN Vs. SHYAMLAL SUKHRAM

JUDGEMENT

(1.) THE petitioner was a candidate for a seat of Lok-Sabha, the Parliament of India. He was, however, defeated and his rivals (it was a double constituency) Shri radha Charan Sharma and Shri Surya Prasad were elected to the seat. On being unsuccessful, the petitioner filed an election petition-before the Election commissioner of India, who appointed the District Judge, Gwalior, as an Election tribunal and the case is now pending before the said Election Tribunal. The petitioner has alleged that non-petitioner Nos. 1 and 2, are related to Shri Surya prasad, that they had had a pamphlet printed by non-petitioner No. 3, who is both the printer and proprietor of Maharashtra Press, Janakganj, Lashkar. It is stated that this pamphlet has been published to prejudice the case of the petitioner in the eyes of the Election Tribunal. It is contended that Non-petitioner nos. 1 and 2 as the author of the pamphlet, and, Non-petitioner No. 3 as its printer have committed contempt of the Election Tribunal and must therefore be punished.

(2.) A preliminary objection is raised by Mr. P. L. Dubey, learned counsel for Non-petitioner Nos. 1 and 2 (Non-petitioner No. 3 though served with notice has not cared to put in appearance), that though the High Court is competent to punish for its contempt as well as the contempt of Courts subordinate to it, yet, an Election tribunal is not a Court and is not subordinate to it, and, therefore the High Court cannot punish for contempt of the Election Tribunal. We must therefore first of all decide whether the Election Tribunal is a Court subordinate to High Court or not.

(3.) THE word 'tribunal' has not been defined anywhere. But in its origin, the word is latin and it is derived from 'tribunus' which means pertaining to 'tribe'. The name 'tribunus' was assigned to Officers of different description in ancient Rome and the word 'tribunal' came to mean the seat of a Judge or the Bench on which the 'tribunus' or a Judge and his associates sat for the administration of justice. Thus the word 'tribunal' means a Court or forum of Justice. In Webster's Dictionary, it has been defined as