Dr. Kunal Saha vs Mr. Manas Chakraborty
2023 Latest Caselaw 111 Cal

D/L. 22 & 23.

January 4, 2023.

MNS.

CPAN 1293 of 2022 in WPA No. 8140 of 2022

Dr. Kunal Saha Vs.

Mr. Manas Chakraborty

Dr. Kunal Saha

...petitioner in person.

The petitioner, appearing in person with

leave of court, contends that despite the specific

direction by this Court in the judgment and order

dated June 29, 2022 passed in WPA No. 8140 of

2022 to the effect that due notifications will be

made and steps taken for adherence to the time-

frame given in the said order for holding fresh

election, so that the newly-elected council can

start functioning effectively on and from

November 1, 2022, the alleged contemnor has

flouted such order, having not been formed any

council even after he held a pretended election.

Although there are several subsisting challenges

by way of writ petitions against the newly elected

council as well, it is contended that no stay order

or any other restraint order has been passed by

any court of law prohibiting the newly-elected

council from being formed on the basis of the

election.

Hence, it is submitted that by not forming

newly-elected council despite having completed

the election formalities as eyewash, the order has

not been complied with to the letter.

Since a prima facie case with regard to the

allegation that no newly-elected council has

started functioning or been formed in spite of the

direction by this Court has been made out, the

petitioner shall serve a copy of the contempt

application on the alleged contemnor intimating

that the matter shall be listed on February 7,

2023.

The petitioner shall serve the copy of the

contempt application as expeditiously as possible

and shall file an affidavit-of-service to that effect

on the next date of hearing.

The affidavit-in-opposition, if any, shall be

filed by the alleged contemnor to the contempt

application by January 25, 2023. Reply thereto, if

any, shall be filed on the next returnable date.

(Sabyasachi Bhattacharyya, J.)