Judgement

VAIDLALINGAM, J. : This appeal, by special leave, is directed against the judgment and order of the Allahabad High Court, dated September 20, 1965, passed in Criminal Miscellaneous Contempt Application No. 76 of 1964, finding the appellants guilty, of having committed contempt of Court, and sentencing each of them, to pay a fine of Rupees 500/. They have also been directed to pay the costs, in the contempt proceedings.

2. The first appellant died, during the pendency of this appeal. As a fine has been imposed, against him, in addition to the liability to pay costs, his widow has been brought on record, as his. legal representative, and allowed to continue these proceedings.

3. The circumstances, under which the contempt proceedings came to be initiated, in the High Court, may be briefly indicated. The second respondent, herein, Sri V. P. Singh, is an advocate, practicing at Azamgarh, and he was a member of the Congress organisation, at the material time. He stood for election, for membership of the Prarambhik (primary) Congress Committee, of Tarwa, in the District of Azamgarh, held on April 10, 1964. His opponent was one Badri Singh. In that election, Badri Singh was declared elected. The second respondent filed, on April 16, 1964, a suit, No. 132 of 1964, in the Court of the City Munsif , Azamgarh, for having the election of Badri Singh, declared void and inoperative. He had alleged various irregularities, regarding the conduct of the said election. Along with the suit, he had also filed an application, for in junction, restraining the District Election Officer, and other Officers, from holding elections for membership of the District Congress Committee. He had also asked for an injunction, restraining Badri Singh, from taking part in the elections, for membership of the District Congress Committee. The City Munsif had granted the interim injunction, on April 18, 1964. Badri Singh, on being served with this interim order, filed an application, dated April 21, 1964, before the City Munsif, praying for vacating the order of interim injunction.

4. At the time, when the election that was challenged, by the 2nd respondent took place, Sri Ajit Prasad Jain was the President of the Uttar Pradesh Congress Committee, Sri Govind Sahai was the General Secretary of the said Committee and Sri Rameshwar Narain Singh was the General Secretary of the District Congress Committee, Azamgarh. It appears that the Working Committee of the Indian National Congress passed a resolution, dated December 4/5, 1950, the substance of which was that any member of the Congress, having any grievance, in respect of any action taken, or decision given, by a Congress Organization, should take advantage of the tribunals provided to seek redress by way of appeal or reference, and that such matters should not be taken to law Courts. That resolution further provided that initiating of such litigation, and securing of ex parse interlocutory orders, against the Congress Committee and Congress authorities was highly detrimental to the discipline of the organisation, and its smooth working. The resolution wound up, by saying that the Working Committee resolved that any member, who instituted a suit or other proceeding in law Courts against any Congress Committee or Official, did so at the risk of being considered guilty of gross indiscipline and of being summarily, and without any further notice, removed from membership of the Congress, by order of the Provincial Congress Committee concerned, or the Working Committee. In view of this resolution, Sri Gulzari Lal Nanda, who is stated to have been delegated the authority of the Working Committee, in respect of organizational elections in Uttar Pradesh, issued a directive, dated April 20, 1964, to the President, Uttar Pradesh Congress Committee, Sri Ajit Prasad Jain, to take immediate action against those members, who had gone to Courts, in regard to Congress organizational elections, any where in Uttar Predesh. Accor