Court No. - 35 Case :- CONTEMPT APPLICATION (CIVIL) No. - 185 of 2008 Petitioner :- Vikas Choudhary, Member/Director Sahkari Ganna Vikas S.Ltd. Respondent :- Sri Kamran Rizvi, Cane Commissioner/Registrar, C.C.S. Petitioner Counsel :- Vipin Sinha Respondent Counsel :- Sc Hon'ble Devendra Pratap Singh,J.
The following order was passed on 22.12.2009:
“Heard learned counsel for the parties.
The applicant had preferred Writ Petition no. 64899 of 2006 for a mandate to
the opposite party to hold the elections of Sugarcane Development Council at
Morna. An interim order was passed on 28th November 2006 asking the State
Government to hold the elections in the mean while and invited a counter.
However, no action was taken and after exchange of pleadings, the said writ
petition was finally disposed off vide order dated 27.7.2007 directing the
State to hold the elections of the Sugercane Development Council. Failure to
do so forced the applicant to prefer this contempt petition.
Upon issuance of notice, affidavits have been exchanged between the parties
and the position as on date is that the election has yet not been held and the
only ground shown in the order dated 4th of October 2008 is that the
Government was contemplating amendment of Section 5 of the U.P.
Sugarcane Regulations of Supply and Purchase Act, 1953.
Whoever is working as Principal Secretary of the Department shall ensure
the compliance of the writ direction by the next date or appear in person.
Let a copy of this order be given to Sri K.R.Singh, learned Standing Counsel
within 48 hours.
List on 29th January 2010 for further orders.”
In pursuance thereof the Principal Secretary, Cane Development and Sugar
Industries has filed his affidavit stating that an amendment was notified in the
gazette on 29.8.2008 and election schedule has already been notified on
25.1.2010.
Let an election be completed according to the notified schedule.
Since there is a substantial compliance, notices are discharged, contempt
petition is rejected and consigned to records.
Order Date :- 29.1.2010
AK
