Swamy Vivekananda Rural vs. State Of Karnataka
Held
The Court held that the payments made by the accused were in compliance with the directions issued in W.P. No. 9885/2019, specifically concerning the usage of the premises up to the year 2018. The Court was satisfied with this partial compliance. Consequently, the contempt proceedings initiated against the accused were dropped. The Court acknowledged that the issue concerning the usage of premises for the Lok Sabha Elections in April 2019 was being addressed in a separate pending writ petition (W.P. No. 13578/2019), and the complainant was free to pursue that matter independently. No specific finding was made on the merits of W.P. No. 13578/2019, as it was not before the Court in the contempt proceedings.
Facts
The complainant, Swamy Vivekananda Rural Education Society, filed a Contempt of Courts Petition (CCC) alleging willful disobedience of an order dated March 21, 2019, passed in W.P. No. 9885/2019. The original writ petition concerned the withholding of Rs. 1,28,000/- towards GST and compensation for the use of the complainant's premises for election-related activities. The complainant submitted that the withheld GST amount had been credited and that payment for the premises was made only up to the year 2018, as the use for Lok Sabha Elections in April 2019 was the subject of a separate pending writ petition (W.P. No. 13578/2019). The complainant sought to close the contempt petition while reserving liberty to pursue the other writ petition.
Key Issues
1. Whether the accused have willfully and deliberately disobeyed the order dated March 21, 2019, passed in W.P. No. 9885/2019, thereby committing contempt of court, as contended by the complainant? Contentions: Petitioner (Complainant): Argued that while the GST amount of Rs. 1,28,000/- has been credited and payment for premises usage up to 2018 has been made, the accused have not fully complied with the order concerning the usage of premises for the Lok Sabha Elections held in April 2019. This aspect is being pursued in a separate writ petition (W.P. No. 13578/2019). Therefore, the contempt petition should be closed with liberty to pursue the pending writ petition. Revenue (Accused): Submitted that there has been compliance with the directions issued by the Court in W.P. No. 9885/2019 and that W.P. No. 13578/2019 may be disposed of on its own merits.
Sections Cited
Section 11, Section 12, Article 215
AI-generated summary — verify with the full judgment below
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05th DAY OF NOVEMBER, 2019 PRESENT
THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA
AND THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ
C.C.C.NO.1115 OF 2019 (CIVIL)
BETWEEN:
SWAMY VIVEKANANDA RURAL EDUCATION SOCIETY (R), CHANDAPURA, ANEKAL TALUK, BENGALURU – 560 099, REPRESENTED BY ITS SECRETARY, N NARAYANA REDDY, AGED 72 YEARS. …COMPLAINANT
(BY SRI B.V.MALLAREDDY, ADVOCATE)
AND:
STATE OF KARNATAKA, REPTD. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, DR.AMBEDKAR ROAD, BANGALORE – 560 001. 2. CHIEF ELECTORAL OFFICER, NIRWACHANA NILAYA, SHESHADRI ROAD, BANGALORE – 560 001. 2
ASSISTANT ELECTORAL OFFICER, ANEKAL, PIN – 562106. 4. MR.VIJAYA SHANKAR, DEPUTY COMMISSIONER, BANGALORE DISTRICT, PIN – 560 001. 5. THE TAHSILDAR, ANEKAL TALUK, ANEKAL, PIN – 562106. ...ACCUSED
(BY SRI V.SREENIDHI, ADVOCATE)
**** THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA, R/W SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE
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