In this contempt case, the petitioner alleged the respondent failed to comply with an order to dispose of an application. The court found no wilful disobedience due to election schedules and extended the compliance date to 31.03.2016 before disposing of the case.
Compliance date extended to 31.03.2016 due to election schedules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
CONTEMPT CASE No.2469 OF 2015
ORDER:
This Contempt Case is filed alleging violation of the order of this Court dated 07.09.2015 passed in W.P.No.27845 of 2015, whereunder the respondent herein was directed to fix a date for hearing and dispose of the petitioner’s application within four weeks after taking over the charge.
The petitioner states that the respondent has taken charge in November, 2015, but not yet complied with the said order.
A counter affidavit is filed by the respondent stating that since he is appointed as Deputy Election Authority for Greater Hyderabad Municipal Corporation (GHMC), he seeks two months time for compliance of the order.
Evidently, there is no wilful disobedience of the order dated 07.09.2015. As the GHMC Elections are scheduled to be held on 02.02.2016, the time for compliance of the said order shall stand extended upto 31.03.2016.
The Contempt Case is accordingly disposed of.
_____________________________ VILAS V. AFZULPURKAR, J
27.01.2016 KH
2 issues framed by the court
Whether the respondent's failure to comply with the order is a case of wilful disobedience warranting contempt proceedings.
Whether the date for compliance should be extended due to the pending GHMC elections.
The petitioner
The respondent (Deputy Election Authority)
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
