{"id":55710,"date":"2007-05-31T00:00:00","date_gmt":"2007-05-30T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/gurnam-bindra-singh-vs-h-i-s-grewal-deputy-on-31-may-2007"},"modified":"2015-03-03T20:08:22","modified_gmt":"2015-03-03T14:38:22","slug":"gurnam-bindra-singh-vs-h-i-s-grewal-deputy-on-31-may-2007","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/gurnam-bindra-singh-vs-h-i-s-grewal-deputy-on-31-may-2007","title":{"rendered":"Gurnam Bindra Singh vs H.I.S Grewal, Deputy … on 31 May, 2007"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Gurnam Bindra Singh vs H.I.S Grewal, Deputy … on 31 May, 2007<\/div>\n
Equivalent citations: 2007 (3) ARBLR 480 P H<\/div>\n
Author: H Gupta<\/div>\n
Bench: H Gupta<\/div>\n<\/p>\n
<\/pre>\n
JUDGMENT<\/p>\n
Hemant Gupta, J.<\/p>\n
1. The petitioner is an elected candidate from Ward   No. 15 of Municipal Council, Mohali. The said election of the petitioner is  subject matter of Election Petition filed by one Kulwant Singh under  Section 76 of the Punjab State Election Commission Act, 1994, which is  pending before the respondent.\n<\/p>\n
2. On 17.4.2007, an application was filed by Shri Kulwant  Singh for summoning the election record for Ward No. 15. On the said date  the Election Petition was posted for hearing for the first time before the  respondent. The said application was allowed on 17.4.2007 itself. It is the  case of the petitioner that the copy of the aforesaid order was not supplied to  the petitioner, but on 18.4.2007, the newspapers carried reports that the  Election Tribunal, has ordered recount of votes and such recount would be  done on 24.4.2007.\n<\/p>\n
3. The petitioner filed a Writ Petition dated 21.4.2007 before this Court on 23.4.2007, wherein the petitioner pleaded as under:\n<\/p>\n
…The situation appears to have been created  due to the change in the Government in the State  of Punjab, and apparently all out efforts are being  made to deny the petitioner any opportunity to  even challenge the order of recount, which is  wholly perverse and illegal. The blatant attempt to  obstruct the administration of justice and to hinder  the basic right of the petitioner to pursue his legal  remedy against the order of recount amounts to a  criminal contempt on the part of the respondents,  for which offence, appropriate proceedings deserve  to be launched by this Hon’ble Court against them.\n<\/p>\n
xxx xxx xxx<\/p>\n
That entire sequence of events as narrated in  the petition, coupled with the colourable exercise  of power as referred to above, makes it amply clear  that a deliberate attempt is being made to withhold  the order dated 17.4.2007 from the petitioner so  that the petitioner is made to face a fait accompli  and is not in a position to challenge the recount  despite the order of recount being wholly perverse  and not capable of withstanding judicial scrutiny  for even a moment. The actions of the respondents  in attempting to obstruct the administration of    justice amounts to criminal contempt on their part  for which they deserve to be proceeded against by  this Court and suitably punished.\n<\/p>\n
4. The said writ petition was withdrawn on 24.4.2007 as the  writ petition was filed on the basis of the press reports but there was no  order of recount.\n<\/p>\n
5. The election petition was taken up for hearing by the  respondent on 24.4.2007 when the Election Tehsildar, Mohali, brought the  record pertaining to election to Ward No. 15. The learned Counsel for the  petitioner has placed reliance upon three judgments to contend that the  order of recount of votes should not be passed by the Tribunal. The case  was adjourned to 8.5.2007 for arguments. On 8.5.2007, the election petition  was taken up for hearing at 3.00 p.m., whereupon, the recount was done  orally and carried out at 3.30 p.m. The learned Deputy Commissioner  recorded a detailed order running into 10 pages bearing the date as  8.5.2007. In the said order, an application filed by the petitioner for framing  the issues was rejected. The respondent concluded in his order dated  8.5.2007 to the following effect:\n<\/p>\n
After having read the contents of the Election Petition,  the reply of the respondent very carefully and giving very  thoughtful consideration to the arguments advanced by  the learned Counsel for the petitioner and the respondent,  I do not find the reason as to why respondent No. 1 is  shying away from the recount. The hallmark of  Parliamentary Democracy is the ascertainment of will of  the people which in this case can only be done through   recount. In view of facts and circumstances set out supra  in the interest of justice, equity and fair play it is  imperatively essential that the votes polled for the  election of Ward No. 15, Municipal Council, SAS Nagar,  be recounted.\n<\/p>\n
The recounting took place at 3.30 p.m. today   i.e. 8.5.2007 and was conducted under my direct  supervision by Mrs. Navjot Kaur, PCS, AC (Grievances),  Sh. P.S. Virk, District Development and Panchayat  Officer and Sh. Hardip Singh, Election Tehsildar,  Mohali. The result of the recounting has been put in a  sealed cover in the sealed trunk in the Treasury at  Kharar.\n<\/p>\n
6. The grievance of the petitioner is that on 7.5.2007 revision  petition under Article 227 of the Constitution of India for transfer of the  election petition pending before the respondent, came up for hearing before  this Court, when passing of final order was stayed.\n<\/p>\n
7. It is the contention of the petitioner that when the counsel for  the petitioner reached the Court at 3.00 p.m., there were full arrangements  for recount of votes and the respondent scolded the counsel for the  petitioner badly for moving this Court for transfer of the election petition.  The counsel for the petitioner were snubbed and intimidated and were not  allowed to make any submissions. Reference was made to the affidavits  filed before the Hon’ble Chief Justice, the copies of which have been  attached as Annexures P.5 and P.6. The relevant paragraphs of the affidavit  of Shri Umesh Narang, Advocate (Annexure P.5) read as under:\n<\/p>\n
7. That when we reached the Court at 3.00 p.m. there   were full arrangements for recounting of votes. At the   outset the learned Election Tribunal-cum-Deputy   Commissioner, SAS Nagar, Mohali H.I.S. Grewal   ordered that every other case except the election petition   are adjourned. He has received the Hon’ble High Court   orders in Civil Revision by that time. On seeing us   Election Tribunal-cum-Deputy Commissioner, SAS   Nagar, Mohali scolded us badly for moving the Hon’ble   High Court for transfer of election petition. I along with   my associate was shocked to see his attitude and tried to   make our submissions on the case. On this I along with   my associate was snubbed badly and intimidated. Every   one except the officials and the counsel for the parties   were asked to leave the Courtroom, the doors of the   courtroom were locked, and Police was called. My   associate and I were being snubbed and intimidated   continuously for every submission put forward.\n<\/p>\n
9. That H.I.S. Grewal Election Tribunal-cum-Deputy  Commissioner, SAS Nagar Mohali ordered recount  verbally and recounting started. The officials who were  associated for recounting were not identified and then  came the worst part. H.I.S. Grewal, Deputy  Commissioner, SAS Nagar Mohali started making a  mockery of the Hon’ble High Court and declared himself  and the official’s associated with recounting as a  Constitution Bench. He said that he has every right to  pass any order in the election petition and he is not afraid  of High Court. “What High Court can do, they can only  send me to Burail Jail for six months I am ready to go to  Jail, but being a true soldier of Akali Govt., I will not  only order recount but also can order a re-poll in this case  and with the help of our own Govt. we will definitely win  the elections.” These were the words said in the Court.  The situation was frightening for my lady colleague and  me. Then the Deputy Commissioner Mohali started  making mockery of one of the Hon’ble Judge of the High  Court by naming him Justice Singhvi.\n<\/p>\n
10. That my colleague and me were shocked,  frightened, embarrassed and ashamed of such acts of the  Deputy Commissioner, SAS Nagar, Mohali. We have  never seen such a disrespectful act against law or against  any Court of Law by a Presiding Officer. It seems that  Law of Dictatorship was prevailing in the Courtroom of  Election Tribunal-cum-Deputy Commissioner, SAS  Nagar, Mohali.\n<\/p>\n
11. That we have no option except to walk out of the  court of Election Tribunal-cum-Deputy Commissioner,  SAS Nagar, Mohali in such a situation created by the  Deputy Commissioner, HIS, Grewal. Such an act and  conduct by the Deputy Commissioner H.I.S. Grewal in  the open Court is contemptuous.”  To the similar effect is the affidavit of Ms. Gursreet Kaur, Advocate   (Annexure P.6).\n<\/p>\n
8. In pursuance of the show cause notice issued, an affidavit has   been filed on behalf of the respondent. It has been stated therein that the   record pertaining to election to Ward No. 15 was summoned by the   predecessor of the answering respondent on 20.2.2007 and the sole purpose   of summoning of the record was to recount the votes polled in the election   to Ward No. 15. Counsel for the petitioner and the respondent argued in   favour and against the recount and at the joint request, the case was   adjourned to 8.5.2007. The respondent has admitted that on 8.5.2007, all   arrangements for recount had been made and all cases except the election   petition were adjourned. It is also admitted that the order of the High Court   has been received before 3.00 p.m. on 8.5.2007. It is pointed out that the    application for framing of the issues has been dealt with at length in the  order dated 8.5.2007, while stating that the result of the recount has been   kept in a sealed cover.\n<\/p>\n
9. The above narration of facts shows that prior to  17.4.2007, the proceedings in the election petition were being entertained  by the Election Tribunal presided over by another Presiding Officer than the  respondent. On 17.4.2007, an application filed by the election petitioner  was allowed though the newspapers carried the report of recount but the  fact remains that no order of recount was passed.\n<\/p>\n
10. On 24.4.2007, the petitioner has raised objections regarding the recount of votes and referred to certain judgments of the Hon’ble Supreme Court. On 8.5.2007, the proceedings were taken up at 3.00 p.m. and by 3.30 p.m. recount of votes had taken place. Such process  of recount has been undertaken without passing a written order, which is  apparent from the concluding lines of the aforesaid order, nor the 10 pages  order could be dictated, prepared, typed and finalised within 30 minutes.  Still further, the conduct of proceedings by the Presiding  Officer whereby the counsel for the petitioner were snubbed and  intimidated, prima-facie, shows that the Advocates present were obstructed  to discharge their duties in the cause of administration of justice. The  allegations have been levelled in respect of mockery of High Court and one  of its former Judges. Such conduct of proceedings, prima facie, obstructs  the cause of administration of justice and interferes with the due course of  any judicial proceedings which were being presided over by the respondent  himself. Thus, such actions make the respondent liable to be proceeded  against for committing a criminal contempt.\n<\/p>\n
11. Learned Counsel for the respondent has relied upon a  judgment of the Hon’ble Supreme Court reported as Bijayini Dash and Ors. v. Loknath Mishra and Ors. (2005)9 Supreme Court Cases  194, to contend that the criminal contempt proceedings can be invoked by  the petitioner only with the prior consent of the Advocate General of the  State under Section 15 of the Act. Since the petitioner has not obtained  such consent, the present petition is not maintainable. However, the said  argument is not available, in as much as in the aforesaid case itself, it has  been noticed that the contempt proceedings have not been initiated by the  High Court suo-motu, However, in the present case the proceedings have  been initiated suo-motu by this Court though on the facts brought to the  notice of this Court by the petitioner.\n<\/p>\n
12. Learned Counsel for the petitioner has referred to the  judgment of the Hon’ble Supreme Court in Bal Thackrey v. Harish  Pimpalkhute<\/a> , to contend that the High Court can take  the cognizance of a criminal contempt on its own motion on the basis of  information supplied by the petitioner in a petition. In the aforesaid case,  the earlier judgment of the Hon’ble Supreme Court in U.P., Lucknow v.  Vinay Chandra Misra<\/a> , was quoted. In the aforesaid  case, it was held to the following effect:\n<\/p>\n
 But if the High Court is directly moved by a   petition by a private person feeling aggrieved, not   being the Advocate General, can the High Court   refuse to entertain the same on the ground that it   has been made without the consent in writing of   the Advocate General? It appears to us that the    High Court, has, in such a situation, a discretion to   refuse to entertain the petition, or to take   cognizance on its own motion on the basis of the   information supplied to in that petition.\n<\/p>\n
13. In Bal Thackrey’s case (supra), the Hon’ble Supreme Court  found that if a private person desires that an action of criminal contempt  should be taken, one of the three courses is open to him. He may place  information in his possession before the Court and request the Court to take  action; he may place the information before the Attorney General and  request him to take action; or he may place information before the Attorney  General and request him to permit him to move to the Court. It was held  that the Court has the power and jurisdiction to initiate contempt  proceedings suo motu and for that purpose the consent of Advocate General  was not necessary, but at the same time, it is also to be borne in mind that  the Courts normally take suo motu action in rare cases.\n<\/p>\n
14. In view of the aforesaid enunciation of principle of  law, the Court has the jurisdiction to initiate contempt proceedings suo  motu, may be in rare cases, on the information which comes to the  knowledge of the Court in any of the modes including that by way of a  petition for initiation of a civil contempt. The present is the case where  prima facie, the proceedings have been alleged to have been conducted in a  manner, which lowers the dignity of the authority of law and by a person,  who is engaged in the administration of justice. The actions, utterances and  conduct of proceedings by the respondent prejudice and interfere with the  due course of judicial proceedings and\/or interfere or tend to interfere or  obstruct or tend to obstruct the administration of justice.\n<\/p>\n
15. Therefore, I am satisfied that prima-facie, the allegations  disclose commission of a criminal contempt within the meaning of Section 2(c) of the Contempt of Courts Act, 1971 and, therefore, I hereby take suo- motu notice of the contempt.\n<\/p>\n
16.  Accordingly, I order that the present petition be treated  as a criminal contempt petition. The papers of the present case be placed  before the Hon’ble Chief Justice, for placing it before the appropriate  Bench.<\/p>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Gurnam Bindra Singh vs H.I.S Grewal, Deputy … on 31 May, 2007 Equivalent citations: 2007 (3) ARBLR 480 P H Author: H Gupta Bench: H Gupta JUDGMENT Hemant Gupta, J. 1. The petitioner is an elected candidate from Ward No. 15 of Municipal Council, Mohali. The said election of the petitioner is […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-55710","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nGurnam Bindra Singh vs H.I.S Grewal, Deputy ... on 31 May, 2007 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/gurnam-bindra-singh-vs-h-i-s-grewal-deputy-on-31-may-2007\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Gurnam Bindra Singh vs H.I.S Grewal, Deputy ... on 31 May, 2007 - 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