IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P. NAVEEN RAO, J.
A.P. Mahesh Cooperative Urban Bank Shareholders Welfare Association, Regd.No.389/2019, Represented by its President Sri Omprakash Modani - Petitioner
Versus
Mr. Umesh Chand Asawa, S/o. Late Mr. Radhakishanji Asawa and Others. - Respondents
Contempt Case No. 353 Of 2021
Decided On : 26-08-2022
Contempt of Courts Act, 1971 - Election - To complete the counting of votes and to declare the results - To complete the election process by completing counting of votes and to declare results; and to suspend declaration of results and to conduct re-election -Whether this justification is valid or is a post facto exercise to cover up what they have done though their understanding was otherwise - Held, It is clear from record that apology is offered only to escape consequence of deliberate and willful disobedience of order of Court - It does not amount to full and frank admission of wrong done - It is a paper apology made without any sincerity - It is hallowed - Conduct cannot be ignored to purge contemnors by accepting apology - As noted by Division Bench observations of Supreme Court in dropping the proceedings of contumacious act deliberately done after accepting apology offered would be a permission for flagrant abuse of judicial process - Observations of Supreme Court in State of quoted by Division Bench aptly apply to this case - Petition disposed of.
ORDER :
1. Heard learned counsel for petitioner Sri Diljit Singh Ahluwalia and learned counsel for respondents Sri Vedula Srinivas.
2. On the issue of holding elections to the Executive body of the society, some of the members of the society were opposing and some of the members are supporting other group. Several Interlocutory applications are filed in the writ petitions. I.A.Nos.1 and 2 of 2020 in W.P.No.21795 of 2020 is filed praying to direct respondent authorities to conduct thorough investigation and stay operation of bogus voters list dated 17.11.2020; I.A.No.1 of 2020 in W.P.No.23849 of 2020 is filed praying to issue directions to complete the counting of votes and to declare the results; I.A.No.1 of 2020 in W.P.No.23853 of 2020 is filed praying to issue directions to complete the counting of votes and to declare the results; I.A.No.1 of 2020 in W.P.No.23869 of 2020 is filed to issue directions to complete the election process by completing counting of votes and to declare results; and I.A.Nos.1 and 2 of 2020 in W.P.No.23976 of 2020is filed praying to suspend declaration of results and to conduct re-election. These Interlocutory Applications were decided by common order dated 8.1.2021.
3. Paragraph 42 of the order reads as under:
i) I.A.No.1 of 2020 in W.P.No.23853, I.A.No.1 of 2020 in W.P.No.23869 and I.A.No.1 of 2020 in W.P.No.23849 of 2020 are ordered and the Returning Officer is directed to announce the result of the election held on 20.12.2020;
ii) In I.A.No.1 of 2020 in W.P.No.21795 of 2020, issue notice, returnable by 02.02.2020;
iii) I.A.No.2 of 2020 in W.P.No.21795 of 2020 is filed praying to stay the operation of bogus voters list dated 17.11.2020. For the reasons stated above, petitioner is not entitled to the relief sought in the Interlocutory Application. I.A.No.2 of 2020 in W.P.No.21795 of 2020 is dismissed;
iv) In I.A.No.1 of 2020 in W.P.No.23976 of 2020 petitioners are praying to suspend the declaration of results of the election. For the reasons stated above, petitioners are not entitled to the relief sought in the Interlocutory Application. I.A.No.1 of 2020 in W.P.No.23976 of 2020 is dismissed;
v) I.A.No.2 of 2020 in W.P.No.23976 of 2020 is filed to direct the 4th respondent Bank to conduct re-election to the posts of Directors. Unless the Court holds that the election process undertaken by the Returning Officer is vitiated, Court cannot direct re-election. Therefore, prayer sought in this Interlocutory Application cannot be granted at this stage. I.A.No.2 of 2020 in W.P.No.21976 of 2020 is dismissed;
vi) Until further orders, the newly elected Directors are directed not to take policy decisions affecting the affairs of the society and the bank, including dealing with the funds of the society except for attending to day to day needs of the Society and the Bank and payment of salaries and allowances of the staff.”
4. This contempt case is filed alleging that directions issued in paragraph 42 (vi) are violated and with impunity the elected Board of Directors are taking policy decisions affecting affairs of the society and thereby committed contempt of the Court.
5. Elaborate submissions were made on both sides. Learned counsel Sri Diljit Singh Ahluwalia also filed list of dates and events and gist of the submissions.
6.1. According to learned counsel Sri Ahuluwalia, the Court permitted the Board of Directors only to deal with day to day needs of the bank whereas with impunity it has been taking policy decisions. Loans worth Rs.100 crores were sanctioned; Committees were constituted to deal with funds, dues, loans etc. Proposals were made to the Board stating that loan Committee can sanction loan proposals above Rs.30 lakhs and upto Rs.70 lakhs and renewal of loan proposals amounting to Rs.30 lakhs to Rs.1 crore. He would submit that when no loan committee can be formed in view of direction 4
Yashwant Sinha and others vs. Central Bureau of Investigation through its Director and another
Ashok Paper Kambar Union Vs. Dharam Godha
Kapildeo Prasad Sah Vs State of Bihar
Chhotu Ram vs. Urvashi Gulati and another: (2001) 7 SCC 530
R.S.Sehrawat Vs. Rajeev Malhotra and others : (2018) 10 SCC 574
Kanwar Singh Saini vs. High Court of Delhi : (2012) 4 SCC 307
U.N. Bora v. Assam Roller Flour Mills Association : (2022) 1 SCC 101
V.G. Nigam v. Kedar Nath Gupta
Anil Ratan Sarkar v. Hirak Ghosh
Bank of Baroda v. Sadruddin Hasan Daya
National Fertilizers Ltd. v. Tuncay Alankus
S. Sundaram Pillai v. V.R. Pattabiraman
Rakapalli Raja Ram Gopala Rao v. Naragani Govinda Sehararao
Niaz Mohd. v. State of Haryana
Chordia Automobiles v. S. Moosa
Ashok Paper Kamgar Union v. Dharam Godha
State of Orissa v. Mohd. Illiyas
Bal Kishan Giri v. State of U.P.
Hailakandi Bar Assn. v. State of Assam
Ranveer Yadav v. State of Bihar
Pravin C. Shah v. K.A. Mohd. Ali
Contempt of court requires willful disobedience of a court order; mere delay, especially under extenuating circumstances, does not constitute contempt.
The court ruled that civil contempt requires clear evidence of willful disobedience, which was not established due to the respondents' financial difficulties.
Contempt jurisdiction cannot be invoked for mere non-payment; it requires clear evidence of wilful disobedience.
Mere non-compliance without evidence of wilful disobedience does not constitute civil contempt; execution of orders provides the appropriate recourse for enforcement.
The judgment emphasized the need for a clear case of wilful disobedience to the Court's order before exercising the jurisdiction to punish for contempt.
Contempt proceedings require proof of wilful disobedience; mere failure to comply does not constitute contempt.
Civil contempt proceedings require specific notice of allegations to ensure fair opportunity for defense; penalties must reflect intent and context, particularly when apologies are tendered.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.