Umashankar @ Umashankar Shahni Vs Shushil Chandra, The Chief… — Contempt of Court | Patna HC (2024)

Umashankar @ Umashankar Shahni Vs Shushil Chandra, The Chief… — Contempt of Court | Patna HC (2024)

What the court decided

AI extract

Outcome

The present MJC stands dropped (contempt proceeding not pressed further) with liberty reserved to the petitioner to assail the speaking order dated 04.03.2024 in accordance with law.

Issue for consideration

Whether the petitioner was afforded an opportunity of hearing, as required by sub-clause (c) of this Court's order dated 13.09.2021, in the compliance process culminating in the State Election Commission's order dated 26.07.2022. +1 more

Court's answer

The Court was not satisfied that sub-clause (c) of its order dated 13.09.2021 had been complied with: there was no material showing that the petitioner had been summoned and heard, i.e. the petitioner had not been provided an opportunity of hearing in the process leading to the order dated 26.07.2022.

Ratio / Principle

The petitioner was directed to appear before the State Election Commission, Bihar on 02.03.2024 at 3:00 P.M., was at liberty to file written or oral submissions, and the concerned authority was directed to pass a detailed speaking order after due consideration of each contention taken or to be taken and to communicate it to the petitioner; failure would expose the Officer on Special Duty, State Election Commission, Bihar to contempt action under Rule 7(i) read with Form 1 of Chapter XXVIII of the Rules of the High Court at Patna framed under the Contempt of Courts Act, 1971 (Act 70 of 1971).

Key takeaways

Upon learned counsel for the respondent furnishing the speaking order dated 04.03.2024, which was passed after due hearing of the petitioner, and taking note of the belated compliance of the order dated 13.09.2021 in CWJC No. 15399 of 2021 during 2024, the present MJC stands dropped, reserving liberty to the petitioner to assail the order dated 04.03.2024 in accordance with law.ratio¶26

Detailed headnote1 paragraphs

Patna High Court (P.B. Bajanthri & Alok Kumar Pandey, JJ.; oral judgment per Bajanthri, J.) - M.J.C. No. 193 of 2022 filed for alleged non-compliance of the Court's order dated 13.09.2021 in C.W.J.C. No. 15399 of 2021. By order dated 21.02.2024 the Court found the compliance order dated 26.07.2022 of the State Election Commission, Bihar deficient on sub-clause (c), there being no material that the petitioner was summoned or heard; the petitioner was directed to appear before the Commission on 02.03.2024 at 3:00 P.M. with liberty to file written or oral submissions, and the authority was directed to pass a detailed speaking order after due consideration of each contention, failing which the Officer on Special Duty was to face contempt action under Rule 7(i) read with Form 1 of Chapter XXVIII of the Patna High Court Rules framed under the Contempt of Courts Act, 1971 (Act 70 of 1971). On 15.03.2024, counsel furnished the speaking order dated 04.03.2024, passed after due hearing of the petitioner; noting the belated compliance in 2024, the Court dropped the MJC, reserving liberty to the petitioner to assail the order dated 04.03.2024 in accordance with law. NAFR.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.193 of 2022 In

Civil Writ Jurisdiction Case No.15399 of 2021

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Umashankar @ Umashankar Shahni S/o- Mahngu Shahni R/o- Vill- Chhajan Vishunpur, P.S. Kurhani, Dist.- Muzaffarpur, Pin- 844127 Cum National Coordinator, Jankranti Morcha, Office at Dr. D.C. Shahni Marg, Maripur, Muzaffarpur, P.S. and Dist.- Muzaffarpur, Pin- 842001.

... ... Petitioner/s

Versus

Shushil Chandra, The Chief Election Commissioner of India, Nirwachan Bhawan New Delhi.

Arvind Kumar Chaudhary, The Principle Secretary Panchayati Raj Department, Govt. of Bihar, Patna.

Deepak Prasad, The Chief Electoral Commissioner, The Bihar State Election Commission, Sone Bhawan, Bihar, Patna.

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr.Arun Kumar No. 1 For the Opposite Party/s : Mr.S. Raza Ahmad (Aag 5)

======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 15-03-2024

On 21.02.2024 , the following order was passed:

The present M.J.C. No. 193 of 2022 is filed for non compliance of orders of this Court dated 13.09.2021 passed in C.W.J.C. No. 15399 of 2021. Show cause has been filed on behalf of the opposite party no. 3. Perusal of the order dated 26.07.2022 stated to be a compliance order.

2. We are not satisfied in respect of subclause(c) of the order dated 13.09.2021 which has been extracted in the order dated 26.07.2022 by the State Election Commission, Bihar, in the first page to the extent that petitioner has not been provided opportunity of hearing. As is evident from the order, there is no iota of the material to the extent that on a particular date petitioner was summoned and he was heard in the matter. Therefore, petitioner is hereby directed to appear before the State Election

Patna High Court MJC No.193 of 2022 dt.15-03-2024

2/2

Commission, Bihar on 02.03.2024 at 3:00 P.M.

3. The petitioner is at liberty to file written submission or oral submission before the concerned authority, thereafter, the concerned authority is hereby directed to pass detailed speaking order after due consideration of each of the contention taken or to be taken and communicate the same to the petitioner.

4. List this matter on 13.03.2024. If the aforementioned order is not complied, in that event, Officer on Special Duty, State Election Commission, Bihar shall be present and face contempt of court action under Rule 7(i) read with Form 1 of Chapter XXVIII of Rules of the High Court at Patna framed under the Contempt of Courts Act, 1971 (Act 70 of 1971).

Today, learned counsel for the respondent furnished copy

of the speaking order dated 04.03.2024 and it is after due hearing of the petitioner, while taking note of these development and the fact that there is belated compliance of the order of this Court dated 13.09.2021 passed in CWJC No. 15399 of 2021 in the year 2024.

Accordingly, the present MJC stands dropped, reserving liberty to the petitioner to assail the order dated 04.03.2024 in accordance with law.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J)

vashudha/-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	19.03.2024
Transmission Date	NA