Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6080 of 2016 Applicant :- Bahoru Lal Opposite Party :- Apoorwa Dubey Sub Divisional Magistrate Bareilly Counsel for Applicant :- Ramesh Kumar Counsel for Opposite Party :- S.C,C.S.C.,S.C
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
The writ court disposed of the writ petition on 20 January 2016. The operative portion of the order reads thus:
"The petitioner had contested the recently concluded Gram Panchayat election in which Sri Natthu Lal Verma has been declared elected. The petitioner has filed an election petition under Section 12-C of the U.P. Panchayat Raj Act, 1947 for recount of the votes.
The sole relief pressed for by learned counsel for the petitioner is that the election petition filed by the petitioner may be decided expeditiously.
Learned Standing Counsel appearing for the respondents states that the election petition filed by the petitioner shall be decided expeditiously.
In the judgment rendered on 17 December 2015 in Writ-C No.67587 of 2015 (Manni Lal Vs. State of U.P. & Ors.), this Division Bench directed that the Presiding Judge shall make all endeavours to decide the election petition without granting any unnecessary adjournments to any of the parties and on priority basis within six months from the date a certified copy of this order was filed by the petitioner.
Following the aforesaid judgment of this Bench in Manni Lal, this writ petition is disposed of with the same terms by directing that the election petition filed by the petitioner shall be decided after hearing the parties concerned without granting any unnecessary adjournments to any of the parties and on priority basis within six months from the date a certified copy of this order is filed by the petitioner."
Sri K.R. Singh, learned Additional Chief Standing Counsel has filed affidavit on behalf of opposite party contending that the writ Court order has been obtained by fraud and misrepresentation, till the passing of the writ Court order no election petition was instituted. The election petition was filed on 4 February 2016.
On specific query, learned counsel for the applicant does not dispute the fact but admits that the election petition was filed after the writ Court order.
In view thereof, the contempt petition is dismissed with cost of Rs. 10,000/- to be deposited by the applicant in the office of High Court Legal Services Committee, Allahabad, failing which, the same shall be recovered as arrears of land revenue by the District Collector, Bareilly.
Order Date :- 30.1.2019 S.Prakash