ASHIS CHAKRABORTY Vs. HINDUSTAN LEVER SRAMIK KARMACHARI CONGRESS

JUDGEMENT

(1.) This appeal is directed against a judgment dated June 3, 1991 passed by a learned Single Judge of our Court. The learned Single Judge disposed of an application for contempt for a purported disobedience and violation of an earlier order passed by the self-same Court on 21.7.89 in C.O. No. 1939 of 1989. It was alleged that by not allowing the Special Officers to hold and conduct the election of the Executive Committee of the Hindustan Lever Sramik Karmachari Congress as per the programme drawn by the two Special Grocers in accordance with the direction given by the said Court i.e., the learned Additional District and Sessions Judge, 5th Court, Alipur there was contempt of Court. There is a further allegation in the said application that there had been an interference with the course of justice by intimidiating the two Special Grocers and causing even assaults on them, which really amounted to criminal contempt.

(2.) The learned Single Judge curiously enough does not come to any specific finding as to whether or not a case for contempt has really been made out by the petitioner and against the contemners. Ignoring the contention of the contemnor respondents before him that any further direction was unnecessary towards the implementation of the Court's initial judgment dated 21.7.89 and overruling the contention that it was inexpedient to invoke and exercise contempt jurisdiction as a model of executing the previous order, the learned Single Judge was of the view that he could justifiably give appropriate further directions in the matter of holding the election since his earlier judgment dated 21.7.89 got the seal of approval of the apex Court of the country and the said learned Single Judge had jurisdiction to reverse or alter or even modify the earlier judgment in any manner whatsoever. He was therefore competent to pass orders since the further contempt application could not be said to be infructuous because he had ample jurisdiction to close the breach in addition to punishing the contemnor. But then the learned Single Judge in his wisdom thought that justice will not only be done properly by merely going into the violation of the order and finding out who is guilty or not but by passing effective direction to hold the election of the Executive Committee of the Union and for the sake of securing the ends of justice and for upholding the preservation of rule of law, he, was competent to pass apposite orders and/or directions. The learned Single Judge accordingly directed the learned Additional District Judge, 5th Court, Alipur to make all arrangements for holding the election of the Executive Committee of Hindustan Lever Sramik Karmachari Congress in the compound on the vacant space of the District Judge's Court, Alipur on any Sunday or according to convenience under the direct supervision of a senior Assistant l3istrict Judge to be selected by the learned District Judge. He earlier directed the 5th Additional District Judge to give necessary orders so as to appoint two Special Officers for holding the election and gave to the special Officers the choice of a date in consultation with the Assistant District Judge. He went also to direct the District Judge to implement this order so as to render all possible assistance to the 5th Additional District Judge including the availability of the District Judge's compound for holding the election. The learned Single Judge further went on to observe that the election was to take place on the basis of the voters' list prepared by the Special Officers. There was a further direction on the Deputy Commissioner of Police and the Officer-in-Charge of the Police Station to render all possible assistance in the matter. The learned Assistant District Judge was directed-further to function as the Returning Officer and for rendering assistance the Special Officers were given liberty to take other hands to help them in counting the votes. The counting was to take place immediately at the end of the polling time and the Assistant District Judge was to declare the result forthwith after the counting was over. The newly elected Executive Committee of the Union was directed to assume once with the leave of the Additional 13istrict Judge and in case any one had any objection to the election, he was given the right of representation before the learned Additional District Judge and liberty was further given to the learned Additional District Judge to allow the elected representatives to assume once pending the hearing of the said representation of the objector. The election was to take place by secret ballot and the time limit fixed for completion of the election was fixed as 14th August, 1991.

(3.) It seems obvious that very many changes were incorporated by the learned Single Judge subsequent to his earlier judgment and order dated 31.7.89.