Judgement

SIKRI, J. :- This appeal by special leave is directed against the judgment of the Allahabad High Court adjudging the five appellants guilty of contempt of court and sentencing each of them to pay a fine of Rs. 1,000 and further ordering that in case of default they shall undergo simple imprisonment for two weeks. The High Court held that the five appellants had disobeyed an order of stay passed by it staying proceedings pending before the Nyaya Panchayat, Jokha Khas, District Deoria.

2. The relevant facts are these. On September 2, 1963, Yashoda, son of Raj Kumar, filed a complaint before the Nyaya Panchayat, Jokha Khas against Jagdeo, Mahabir and Laxmi alleging that he had been abused and belaboured and his property worth Rs. 40 damaged. On September 10, 1963, the Nyaya Panchayat assembled and evidence was led before it. The case was adjourned to December 25, 1963. On October 11, 1963, Mahabir, accused, made an application under S. 85 of the U. P. Panchayat Raj Act, 1947 to S. D. M. Deoria, to transfer the proceedings on the ground that the complainant Yashoda was father of Bunna Prasad, Sarpanch of Nyaya Panchayat, Jokha Khas. On November 28, 1963, the S. D.M. rejected this application. On December 13, 1963, a notice was issued to the five members of the Panchayat to assemble on December 25, 1963, and hear the case. On December 20, 1963, Mahabir moved an application under Article 227 of the Constitution challenging the order of the S. D. M. dated November 28, 1963, and on the same day the High Court admitted the application and stayed further proceedings before the Nyaya Panchayat. An urgent copy of the order was applied for and obtained on that very day and the counsel sent a telegram in the following words:-

"Allahabad HC 20

Baldeopd cashier Trust

Sdr GR

Mahabir application admitted stay granted Banwarilal."

3. It is alleged on the side of the applicant, Mahabir, that immediately after the receipt of the telegram an application accompanied by an affidavit and the telegram of his counsel in the High Court was presented before the Nyaya Panchayat with the prayer to stay further proceedings but the Sarpanch refused to take it. This fact was denied and the High Court seems not to have relied on this fact in its Judgment. It seems to us that it is not proved on the evidence here that any such application was made before the Nyaya Panchayat. No application dated December 21, 1963, which was not accepted by the Nyaya Panchayat, has been produced.

4. On December 23, 1963, Mahabir submitted an application in the Court of Shri R. Singh, S. D.M., Deoria, alleging that "writ petition has been admitted and a stay order has been issued. But notwithstanding my informing the Panchayat Adalat of that, I am not getting any hearing there, and when an application is made there, it is not entertained." He prayed that the Panchayat Adalat be directed to postpone proceedings pending the receipt of the stay order. He produced the telegram received from the Advocate before the S. D. M. In the affidavit accompanying the application, however, no mention was made about Mahabir having informed the Panchayat Adalat of the stay order or the fact that the order and the application was not being entertained by the Adalat. It happened that the S. D. M. was absent on December 23, 1963, and papers were put up before Shri S. K. Srivastava, Additional Sub-Divisional Magistrate, who issued the order "Put up with records". Apparently he did not take any further action till December 26, 1963. But as the notice against Shri Srivastava has been discharged by the High Court, we need not give any further details about his various orders.

5. On December 25, 1963, the Nyaya Panchayat met and proceeded to hear the case. The order sheet reads thus :

"Put up today the 25th December, 1963. The complainant and the accused are present. The statements of the complainant and his witnesses, Bhabhuti and Damri, are recorded. The accused refused to make statements and put down t