JUDGMENT

K. Venkataswami, J.-This appeal under Section 19(1)(b) of the Contempt of Courts Act, 1971 (hereinafter called the Act ) is preferred against the judgment dated 15.7.89 of the Division Bench of the Andhra Pradesh High Court punishing the appellant after finding him guilty of contempt of court with simple imprisonment for a period of three months.

2. The appellant contested the biennial elections to Rajya Sabha held in the year 1984. In that connection, he filed an Election Petition No. 1/84 on the file of the High Court of Andhra Pradesh. That Election Petition was tried by Mr. Justice Upendralal Waghray. During the hearing of the said Election Petition, the appellant filed a Miscellaneous Application being S.R. No. 16572/85 requesting the Hon ble Chief Justice of Andhra Pradesh High Court to withdraw the said Election Petition from the Court of Mr. Justice Upendralal Waghray and transfer the same to some other learned Judge. In the said Miscellaneous Application for transfer, the appellant made the following allegations:

It is alleged that his lordship the Hon ble Mr. Justice Upendralal Waghray is under the evil influence of Sri N.T. Rama Rao, Chief Minister of Andhra P