Dismissed

Surender Yadav v. Dr Nivedita P Haran and Ors.

Rajasthan HC23 May 2018CCP/432/2018

Case brief

AI extract

What is this about?

High Court of Rajasthan Bench at Jaipur dismissed this civil contempt petition. The court held that since the underlying writ petition was dismissed with observations that the restraint order had no force due to the elective process being underway, the alleged contempt was unsustainable.

What did the court decide?

The contempt petition was dismissed and the contempt notices were discharged.

Surender Yadav Vs Dr Nivedita P Haran and Ors. — Contempt of Court | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Contempt Petition No. 432/2018

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Surender Yadav S/o Shri Ranveer Yadav, Aged About 25 Years, R/o Village Salarpur, Tehsil Neemrana, Dist. Alwar Raj

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----Petitioner

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Versus

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Dr. Nivedita P. Haran. Returning Officer, Judo Federation Of India, Wz -114-E, Hari Singh Complex Todarpur, New Delhi 110012.

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M.m. Jaiswal President Rajasthan State Judo Association, 37, Mukesh Colony, Janakpuri Vistar Imli Phatak, Jaipur Raj

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Mahipal Grewal @ Mahipal Singh, Executive Member, Rajasthan State Judo, Association, 37, Mukesh Colony, Janakpuri Vistar Imli Phatak, Jaipur Raj

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The State Of Rajasthan Through Its Principal Secretary, Youth And Sports Department, Govt. Secretariat, Jaipur.

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----Respondents

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For Petitioner(s) : None appears For Respondent(s) : Mr. M.M. Jaiswal, President, Rajasthan State Judo Association is present in person

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HON'BLE MR. JUSTICE ALOK SHARMA

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Order

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23/05/2018

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Contempt of the interim order dated 6.2.2018 is alleged

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in this petition.

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Mr. M.M. Raiswal, respondent no. 2 has appeared in

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person. He has drawn the attention of the Court to the order

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dated 27.4.2018 dismissing S.B. Civil Writ Petition No. 2221/2018

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(2 of 3)

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[CCP-432/2018]

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in which interim order dated 6.2.2018, of which contempt is

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alleged, was passed. Mr. Jaiswal pointed out that the Court while dismissing the writ petition under its order dated 27.4.2018 has observed “Admittedly, the elections had already been declared and

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the last date for withdrawal of the candidate had also expired. The

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only aspect left for the concerned Election Officer was to conduct

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the elections and ballots were required to be casted. Once the process had already been commenced and the date of withdrawal of the candidature was already over, the restraint order of the Court could not have been pressed into service and the participation of the respondent in the election would not be affected by the interim order passed by the Court.” He submitted

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that in this view of the matter, no contempt, as alleged, is made out.

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None appears for the petitioner to controvert his submissions.

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In view of the order dated 27.4.2018 in S.B. Civil Writ

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Petition No. 2221/2018 dismissing the writ petition and more

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particularly in view of the portion thereof quoted here-in-above, I

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(3 of 3)

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[CCP-432/2018]

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find no force in this contempt petition. It is accordingly dismissed.

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Contempt notices stand discharged.

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(ALOK SHARMA),J

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Surender Yadav v. Dr Nivedita P Haran and Ors.

Case brief

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Surender Yadav v. Dr Nivedita P Haran and Ors.

Case brief

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