KAPIL JOSHI Vs. DIPANKAR SARKAR

JUDGEMENT

(1.) THIS contempt petition has been filed by intervener of SBCWP No. 4413/2010. Learned counsel for the petitioner submits that inspite of pendency of the writ petition in which stay is operating since 05.05.2010, the respondents conducted the election of Banswara District Cricket Association, which is in violation of directions issued by this Court. Further, it is submitted that a compliant was made to the District Collector, Banswara vide Annexure -2 upon which the District Collector passed an order for making enquiry and in the enquiry, it is observed by the enquiry officer that the writ petition is pending in the High Court and if any illegality has been committed, then, he may pursue the contempt proceedings. Learned counsel for the petitioner submits that from the enquiry report Annexure -4 and 9, it is apparent that irregularities have been committed by the Cricket Association, therefore, it is a case in which disobedience of the order is found. Learned counsel for the petitioner submits that although the petitioner is intervener in the writ petition but he is apprising this Court that the order passed by this Court has been flouted and false affidavit has been filed, therefore, action may be taken against the respondents. After hearing learned counsel for the petitioner, first of all, it is required to be observed that District Collector, Banswara has nothing to do with the litigation pending before this Court because he is not party in the writ petition and secondly if any power has been usurped by him, it does not create any right to the petitioner to say that order passed by this Court has been flouted, more so, it is a case in which District Collector, Banswara has unnecessary interfered in the controversy because matter is sub -judice in this Court. It is also required to be observed that there is no stay operating for conducting elections of Banswara Cricket Association. In view of above, no case is made out for disobedience, therefore, this contempt petition is hereby dismissed.