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1981 Supreme(Kar) 10

M.RAMA JOIS, M.K.SRINIVASA IYENGAR
NAGARAJA RAO S. N. – Appellant
Versus
CHIKKACHENNAPPA – Respondent


Advocates:
A.N.JAYARAM NAIDU, S.PRAMILA

M. RAMA JOIS, J.

( 1 ) IN view of the preliminary objection raised to the maintainability of this petition presented under Art. 215 of the Constitution of India read with the provisions of the Contempt of Courts Act 1971 alleging that the respondents had committed 'criminal contempt' of this Court and praying for taking suitable action against them, the following question of law arises for our consideration : whether the provision for making a motion for taking action for criminal contempt of the High Court against an alleged contemner with the consent of the Advocate General incorporated in S. 15 (1) of the Contempt of Court Act, 1971, is mandatory or directory ?

( 2 ) BRIEFLY, the facts of the case are these : (I) The petitioner is one of the petitioners in an election petition filed under s. 80 of the Representation of People Act, 1951, and pending before this Court calling in question the election of Sri Devaraj urs, farmer Chief Minister of Karnataka to the State Legislative Assembly from hunsur Contituency, who is the first respondent in this petition. The allegations made i. i this petition inter alia are that respondents 3 to 8, who were all the supporters of the 1st respond

















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