Dismissed

Braj Mohan v. Ashok Kumar Gautam,S.D.M.

Allahabad HC9 May 2022CAPL/2629/2022

Case brief

AI extract

What is this about?

In this contempt application, the court found no case for contempt regarding a delay in deciding an election petition adjourned due to advocates' strikes. The court discharged the applicant and directed the opposite party to decide the pending case within six months without adjournments even during strikes.

What did the court decide?

The applicant's contempt petition was disposed of. The opposite party is directed to decide the election petition within six months of this order without adjournment.

Braj Mohan Vs Ashok Kumar Gautam,S.D.M. — Contempt of Court | Allahabad HC (2022)

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Court No. - 5

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 2629 of 2022

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Applicant :- Braj Mohan Opposite Party :- Ashok Kumar Gautam,S.D.M. Counsel for Applicant :- Gopal Singh

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Hon'ble Saral Srivastava,J.

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Heard learned counsel for the applicant.

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The applicant has alleged the violation of the order dated 12.08.2021 passed by this Court in in Writ-C No.19477 of 2021. Relevant extract of the order dated 12.08.2021 is reproduced here-i-below:-

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"Under such circumstances, without going into the merits of the case, it is being directed that the Election Petition filed by the petitioner on 1.6.2021 under Section 12-C of the U.P. Panchayat Raj Act, 1947, be decided within a period of six months from the date when the opposite parties are served, if there is no other legal impediment. The copy of this order would be duly certified by the petitioner's counsel.

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With these observations, the writ petition is disposed of."

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Perusal of order sheet of Case No.D2021033901263 , under Section 12-C of the U.P. Panchayati Raj Act, 1947, annexed as Annexure-2 to the affidavit filed in support of the contempt application, reveals that on most of the dates, the case could not be heard for the reason that Advocates were on strike or general dates have been fixed.

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This Court notes its anguish with the conduct of the Advocates, who go on strike regularly without appreciating apathy of their clients.

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In such view of the fact, as the case was adjourned mostly on account of strike of Advocates, therefore, no case for contempt of order of Writ Court is made out.

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Further, in the facts of the present case, the Court directs the opposite party to decide the Case No.D2021033901263 , under Section 12Ga of Uttar Pradesh Panchayati Raj Act, 1947, within a period of six months from the date of production of certified copy of this order. This Court further commands the opposite party not to adjourn the aforesaid case unnecessarily, and conclude the same even if advocates are on strike.

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The contempt application is disposed off and is consigned to record.

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Order Date :- 9.5.2022 NS

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Digitally signed by NITIN KUMAR Date: 2022.05.10 15:54:15 IST Reason: Location: High Court of Judicature at Allahabad

Braj Mohan v. Ashok Kumar Gautam,S.D.M.

Case brief

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Braj Mohan v. Ashok Kumar Gautam,S.D.M.

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