ORDER:

This Contempt Case is filed under Sections 10 to 12 of the Contempt of Courts Act, 1971 for willful and deliberate violation of the order dated 10.4.2021 passed by this Court in C.R.PNo.454 of 2021, which reads as under: “there shall be an interim stay of swearing-in-ceremony of 2nd respondent as President to the West Godavari District Arya Vysya Sangham on 11.04.2021 (Sunday) at Alapati Gangabhavani Kalyana Mandapam, Jangareddygudem, West Godavari District or any other subsequent date and alternative place, while suspending the order of the 1st respondent, dated 15.03.2023, till 30.04.2021.”

Heard Sri P.Radhakrishna, learned counsel appearing for the petitioner and Sri K.Chidambaram, learned senior counsel appearing for Sri A.Lalith Nikhil, learned counsel for the respondent on record.

The sole respondent has appeared in person. Sri P.Radhakrishna, learned counsel for the petitioner would contend that one Chinni Rama Satyanarayana was appointed as Chairman of the Election Committee by Resolution dated 02.01.2021 to conduct the elections to the West Godavari District Arya Vysya Sangham. Election schedule is fixed and dates are announced. The dates are fixed to file nominations for scrutiny and withdrawal of nominations and polling of votes has been fixed from 23.01.2021 to 31.01.2021. One Sri Narayana Visweswara Rao and Mahankali Ranga Prasad and Nudrumati Srinivas were filed their nominations. However, Nudurumati Srinivas withdrew the nominations and remaining two candidates in the fray. The 1st respondent unilaterally on the complaint made by the 2nd respondent interdicted the election process without any power or authority and appointed the adhoc committee by letter dated 15.03.2021 nominating Sri Mahankali Ranga Prasad as the president of the West Godavari Arya Vysya Sangham (2nd respondent), which is illegal and contrary to the by-laws of the petitioner-society.

The revision petitioner herein, West Godavari District Arya Vysya Sangham filed O.P No.75 of 2021 to declare the nomination of the 2nd respondent as President of the West Godavari District, Arya Vysya Sanham by the 1st respondent without conducting elections as per the by-laws and to direct the 1st respondent to permit the petitioner to conduct elections in order to elect the President of the Sangham. But the 1st respondent, being the President of A.P Arya Vysya Maha Sabha passed a resolution to conduct elections on 31.01.2021 to elect the Presidents of the respective districts. The petitioner’s Sangham passed resolution, dated 02.01.2021 and appointed election Commissioner with the advice of the 1st respondent to conduct elections of the Sangham and also fixed the schedule for conduct of the elections by appointing the committee for this purpose.

The 1st respondent elected the 2nd respondent as President of the Sangham, vide letter, dated 15.03.2021, against the by-laws of the society which does not confer any authority on the 1st respondent to do so. It is also contended by the petitioner that as per Rule 18(4) of the District Arya Vysya Sangh by-laws, election of the District President should not be hindered by any member and no President of the State Maha sabha can force the District Society members to accept its own candidate as the President of the District Society. However, the 1st respondent would like to take charge of the District Arya Vysya Sangham from the hands of the present President and handover the same to the 2nd respondent against the law. Along with the O.P, the petitioner filed I.A No. 292 of 2021 seeking interim relief of temporary injunction restraining the respondent Nos.1 & 2 from ever interfering with the Presidential functions of the petitioner till disposal of the main petition and this petition was first taken up for hearing by the District Court on 23.03.2021. The District Court directed issuance of urgent notice and posted to 26.03.2021, without granting temporary ex-parte injunction. The process server returned the notice, vide