Rabiya Jaleel vs A.Sainath Beevi

Alexander Thomas, J.

The above Contempt of Court case has been filed, alleging non-compliance of the directions and orders passed by this Court in Annexure-II judgment, rendered by the Division Bench of this Court on 11.8.2023 in W.A.No.1448 of 2023 (arising out of the impugned judgment dated 9.6.2023 in W.P.(C).15058 of 2023).

Heard Sri.Arjun Raghavan, learned counsel appearing for the petitioner and Sri.C.M.Nazar, learned Standing Counsel for the Kerala State Co-operative Election Commission, appearing for the respondent.

When the case had come up for consideration on 22.8.2023, we had passed order on that day which reads as follows:-

“Taking note of the observations made by this Court, Sri.C.M.Nazar, learned Standing Counsel for the Kerala State Co-operative Election Commission, appearing for the respondent officer, would submit that though he could not directly contact and get instructions from the respondent, based on the conclusive findings made by this Court, in para 4 on page 5 of Anx.II judgment, the grounds stated in the last para on Anx.III order of the Returning Officer may not be tenable and that, strict advice and instructions will be given to the respondent Returning Officer to ensure that the vote cast by the petitioner in the elections to the Board of Directors/Managing Committee of the Apex Society concerned will also be counted and that, the results will be declared afresh accordingly and that, the case may be adjourned by a day.

In view of the abovesaid fair submission made by the learned Standing Counsel for the Kerala State Co-- Co-operative Election Commission, we are not now initiating Contempt of Court proceedings against the respondent.

List on 23.8.2023 (tomorrow).”

Today when the matter has been taken up for consideration, Sri.C.M.Nazar, learned Standing Counsel for the Kerala State Co-operative Election Commission, appearing for the respondent, submitted on the basis of the instructions from the respondent, that the respondent Returning Officer has now counted the vote of the petitioner cast by him in the election to the Managing Committee/Board of Directors of the Apex Society concerned and has declared the results of the said election afresh as per proceedings No.E2/2/2023 dated 22.8.2023 and in view of the pendency of a writ appeal, it has been stated therein that the said proceedings will be subject to the result of the writ appeal, W.A.No.1437 of 2023. A copy of the above proceedings dated 22.8.2023 has been made available for the perusal of this Court and the same has also been made available to the counsel for the petitioner. The abovesaid submissions of the respondent are recorded. So, there is no necessity to keep this Contempt of Court proceedings pending any longer.

With these observations and directions the Contempt of Court case will stand disposed of.