DHARMESH CHANDRA Vs. MULAYAM SINGH YADAV, CHIEF MINISTER STATE OF U.P.
LAWS(ALL)-1990-9-47
HIGH COURT OF ALLAHABAD
Decided on September 12,1990

Dharmesh Chandra Appellant
VERSUS
Mulayam Singh Yadav, Chief Minister State Of U.P. Respondents

JUDGEMENT

Ravi S. Dhavan, J. - (1.) In this contempt petition, Dharmesh Chandra Dubey hitherto Chairmen of the Nagar Palika of District Etawah submits that the terms of the order dated 7 August 1990 passed by a Bench of this Court have been breached. The essence of his allegations is that he was to loss his post as Chairmen of the Nagar Palikas regard being had to the order of the each aforesaid, a motion of no confidence dated July 6, 1990 was scheduled for discussion on August 8, 1990. In between Dharmesh Chandra Dubey filed a writ petition. On his stay application an order was passed the test of which is reproduced see below:- "List this petition for admission along with writ petition No. 15955 of 1990 before the Bench dealing with latter case has already been fixed on 16.8.1990. The the learned Standing counsel if so desires may file counter affidavit by the next date in this case. Meanwhile no confidence motion dated 6-7-1990 scheduled to be held on 8.8.1990 as against the petitioner may be held and the result of the same will be provisional and shall be subject to further order passed by this court. A copy of this order may be issued lo the learned counsel for the petitioner on payment of usual charges today. Sd. A.P.M. Sd. U.K.V. 7.8.1990"
(2.) Since the order aforesaid was passed and as of date the contention of Dharesh Chandra Dubey is that the terms of the order have been violated, he submits that the District Magistrate opposite party No. 3 wrested charge of his office as chairman of the Nagar Palika. And, this he asserts was done under the instigation of the Chief Minister arrayed as a party in this contempt petition. The other parties are Secretary, Urban Development and successor to the petitioner in the office of the Chairman, Nagar Palika.
(3.) The allegations against the Chief Minister are as submitted in the text of the petitioner and are on the basis of a newspaper report, copy of which is appended as Annexure 1. This newspaper is writ large with expressions the like of which would be that upon information collected, received or the reporter heard (Bataya gaya hai-janta dal sutron ke havale se pata chala hai, batate hain-pata chala hai, to bataya jata hai and pata chala hai). This may not be information upon which this court can act to occasion issue of notices to the opposite parties.;


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