The Court held that the petitioner's affidavits in support of the writ petitions were not candid and did not correctly state the facts, and were also such as to mislead the Court on account of suppressio veri as well as suggestio falsi. The Court further held that the orders in question were ambiguous and not definite as to which of the two meanings it was intended to convey. The Court also held that the conduct of the respondents subsequent to the passing of the two orders in question did not establish contempt on their part.

VENKATESUM, J.

( 1 ) THIS case is filed by one Jagarlamudi Chandramouli under sections 3 and 4 of the Contempt of Courts Act, and Article 215 of the Constitution praying that the four respondents mentioned therein may be punished for contempt of Court for openly, deliberately and wilfully disobeying, disregarding and flouting the orders of this Court made in C. M. P. No. 3906 of 1965 in Writ Petition No. 527 of 1965, dated 16th April, 1965 by Gopalakrishna Nair, J. (hereinafter referred to as "the first order" ) and in C. M. P. No. 3991 of 1965 in Writ Petition No. 540 of 1965, dated 20th April, 1965, by Kumarayya, J. ("hereinafter called" the second order), and to pass any other orders as are found appropriate in the circumstances of the case.

( 2 ) THE 1st respondent Sri K. Apparao, is the Deputy Registrar of Co-operative societies, Guntur, appointed as the Officer-in-charge of the Guntur District Cooperative Marketing society Limited, Guntur (hereinafter called "the Society" ). The 2nd respondent, Sri B. Ramachandra Rao, is also an officer of the Co-operative department, appointed as the Business Manager. f the Society. Sri V. K. Dhar, the 3rd respondent, is the Registrar-in-charge of Co-operative Societies, Andhra pradesh, and Sri M. Vaziruddin, the 4th Respondent, is the Regional Joint Registrar, Vijayawada. The petitioner s case is that he is a member of the Society, and also elected as the President of its Board of Management on 11th November, 1964 for the term commencing from 1st January, 1965. The Deputy Registrar of Co-operative Societies, guntur (Sri P. V. Krishna Reddi) passed an ex parts order on 17th December, 1964, in I. A. No. 17347/64-L in Election Dispute No. 116/64-65 filed by the opposite party, Sakhamuru Durga Prasad and Ponnapati Narayana Reddy, restraining the petitioner and other office bearers of the Society from assuming charge as Directors.

( 3 ) AGAINST that order, the petitioner filed W. P. No. 1939 of 1964 for a writ forbidding sri Krishna Reddy from adjudicating the said claim No. 116/64-65. To the said writ Petition, Sakhamuru Durga Prasad and Ponnapati Narayana Reddy were impleaded as respondents 2 and 3. C. M. P. No. 14058 of 1964 was also filed therein for stay of further proceedings in the Election Dispute, and C. M. P. No. 14059 of 1964 was filed to suspend the operation of the order of injunction dated 17th December, 1964. The Society, represented by its President, Jagarlamudi chandramouli and two Directors filed another Writ Petition No. 1965 of 1964, for a writ of prohibitionor other appropriate Writ or Order against the same respondents as in W. P. No. 1939 of 1964, restraining the Deputy Registrar from dealing with the election Dispute and LA. No. 17347 of 1964-L. A rule nisi was issued in W. P. No. 1965 of 1964 on 29th December, 1964. Consequent upon the order of injunction dated 17th December, 1964, the Registrar of Co-operative Societies passed an order on 3rd February, 1965 that since Krishna Reddy, the Deputy Registrar already expressed an opinion against the validity of the elections to the Board of management held on 11th November, 1964, he considered it just to nominate another officer, and accordingly nominated one Sri A. Balanaganna, Joint Registrar (Administration), Office of the Registrar of Go-operative Societies, to hear and decide the election Dispute. Thereupon, Balanaganna took up the Election dispute as Claim No. 1/64-65, and the Stay Petition as I. A. No. 1 of 1964-65 on his file, and, after hearing all the parties, passed an order on 30th March, 1965, under section 62 (4) of the Andhra Pradesh Co-operative Societies Act (VII of 1964) (hereinafter referred to as "the Act") that the Directors and President of the Society shall not assume charge pending disposal r f the Election dispute before him.

( 4 ) THEREUPON, the Regional Joint Registrar, Sri M. Vaziruddin, passed an order under section 32 (5) of the Act on 1st April, 1965, appointing Sri K. Apparao, the 1st resp