IMPORTANT POINT
Contempt of court requires willful disobedience of a court order; mere delay, especially under extenuating circumstances, does not constitute contempt.

ORDER :

(Ravindra V. Ghuge, J.) :

1. The Petitioner in both these two Petitions, has put forth paragraph Nos. 1 to 14 (wrongly mentioned as 12) in Contempt Petition No. 577/2024, as under:

1. The petitioner is the original complainant before Resp. No. 2. The petitioner has filed complaint/application dated 24..05.2028 against Resp. No.5 for seeking disqualification for the post of Director of Resp. No.4 Bank on the ground that, Resp. No.5 is the representative and Director of defaulter society i.e. the Member society of Resp. No.4 Bank, therefore, the Resp. No.5 is covered under the disqualification prescribed U/Section 73 (c) (a)(f) (2) of M.C.S, Act, 1960.

2. That, the Resp. No.5 is the M.L.A. of ruling party, therefore, the above mentioned complaint has not been decided by the Resp. No.2. considering this aspect, the petitioner has filed W.P. No. 10061/2023 before this Hon'ble Court for seeking direction against the Resp. No.2. to decide the complaint filed by the petitioner. This Hon'ble Court by its order dated 19.08.2023 directed to Resp. No.2 to decide the complaint/ application filed by the Petitioner within a 12 weeks from the date of order.

3. That, the Resp. No.3 has submitted detail inquiry report dated 05/09/2023 alongwith all the evidential documents before Resp. No.2. The said inquiry report clearly revels that, the Resp. No.5 is the representative and director of the defaulter society - the Member society of Resp. No.4 Bank.

4. That, the Resp. No.2 has granted satisfactory opportunity of hearing to the Resp. No.5 thereby considering each and every documents alongwith the inquiry report which is self explanatory and enough documents to clarify the Resp. No.5 is the representative and director of defaulter society, therefore, the Resp. No.2 have rightly passed order dated 08.12.2023, thereby the Resp. No.5 has been disqualified from the post of Director of Resp. No.4 Bank.

5. That, the petitioner has filed caveat before Resp. No.1. Accordingly, the Resp. No.5 has filed revision application No.672/2023, thereby the disqualification order dated 08.12.2023 passed by Respondent No.2 has been challenged by the Respondent No.5.

6. That, the petitioner has filed application on 13.12.2023 on the date of hearing thereby requesting to supply the copies of revision and stay petition and to grant time for filing reply to the same. Thereafter, the Resp. No.1 has granted stay to the order of disqualification by its order dated 15.12.2023. In the stay order, the next date of hearing has been mentioned on 10.01.2024.

But, there is no hearing has been taken by the Resp. No.1. Therefore, the petitioner has filed requesting application before Resp. No.1, thereby the petitioner has requested to fix the date of hearing in the revision petition filed by Resp. No.5.

7. That, the Resp. No.1 have not granted or fix the date of hearing in the revision petition filed by Resp. No.5 therein the petitioner is the original complainant. Therefore, the petitioner has filed Writ petition No.1599/2024 before this Hon'ble Court for seeking direction against Resp. No.1 to decide the revision petition No.671/2023 within a stipulated period. A copy of memo of Writ petition No.1599/2024 dated 22.01.2024 is annexed herewith and marked EXHIBIT-"A-1".

8. That, the AGP submits that, revision petition is pending before the Hon'ble Minister and the hearing has been fixed on 21.02.2024 at 3.00 p.m. The petitioner is undertaking, that, he would be remain present for hearing. Therefore, considering the above mentioned facts and circumstances of the instant case, this Hon'ble Court by its order dated 09.02.2024 directed to Resp. No.1 to decide the Revision Petition No.67 /2023 be decide as expeditiously as possible not more than two months from today. A copy of order dated 09.02.2024 passed by this Hon'ble Court in W. P. No. 1599/ 2024 is annexed herewith and marked as EXHIBIT ''A-2".

9. That, as per the above mentioned order of this Hon'ble Court, the petitioner is appeare