1 ep1
---------------------1st Recusal by
Justice A. Oka----------------------
ssp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORIGINAL ORDINARY CIVIL JURISDICTION
ELECTION PETITION NO.1 OF 2009
Indur Kartar Chhugani ...Petitioner
vs.
Ms Priya Dutt ...Respondent
Mr.Indur K. Chhuganai Petitioner in person
Mr.A.A.Kumbhakoni, a/w Mr.L.M.Acharya for the
Respondent
CORAM : A.S.OKA,J.
DATE : JULY 1, 2011
P.C.:
1 Heard the Petitioner appearing in-person. The
submissions of the Petitioner appearing in person
were
heard on 23rd June 2011 between 4.00 p.m to 4.50
p.m. As
the time was over, the election petition was kept
for
further submissions of the Petitioner on 24th
June 2011.
On the basis of the request made by the
Petitioner
appearing in person by sending SMS to the
Advocate for
the respondent, on 24th June 2011, an adjournment
was
granted to the Petitioner appearing in person
till today
on the ground of his ill health. Today the
Petition is
kept for hearing the arguments of the Petitioner.
2 Today, the Petitioner appearing in person
states
that he was not allowed to argue the matter
properly as
his arguments were interrupted by this Court. He
also
makes a grievance that the respondent was allowed
to
submit written submissions containing copies of
the
Judgment in which some portions of the Judgments
were
underlined. He submitted that though such marked
copies
are never allowed to be filed, this Court has
permitted
the Respondent to do so. As the Petitioner
appearing in person
is under an impression that this Court has not
heard him properly and considering what is stated
by him
in the Court today, it will not be appropriate
for this
Court to take up this petition.
3 In the circumstances, Prothonotary and Senior
Master
is directed to place this petition before the
Hon_ ble the
Chief Justice for assigning the same to some
other Court.
JUDGE
----------------------2nd Recusal by
Justice J H Bhatia-------------------
1
NS
IN THE HIGH COURT OF JUDICATURE AT MUMBAI
ORDINARY ORIGINAL CIVIL JURISDICTION
APPLICATION NO.6 OF 2011
IN
ELECTION PETITION NO.1 OF 2009
Indur Kartar Chhugani ...Applicant/Petitioner.
v. Ms Priya Sunil Dutt ...Respondent.
Mr. Indur K. Chhugani party-in-person.
Mr. A.A.Kumbhakoni , Sr. Adv. a/w Mr. L.M.Acharya
and Mr. Satham
Acharya, advs. For the Respondent.
CORAM : J.H. BHATIA, J.
DATED : JULY 29, 2011.
P.C.
1 By this application, the petitioner had sought
directions to
give CDs produced by Returning Officer to the
petitioner and also to
exhibit the same and admit them in the evidence.
Application was
opposed by the respondent. Petitioner argued in
person while Mr.
Kumbhakoni the learned Senior Counsel argued for
the respondent.
After hearing the arguments, I started dictation
for the appropriate
orders in the said application. I started
dictating what the petitioner
had pleaded aboutthe CDs secured by him under
Right to Information Act
in paragraph 16of the petition. When I started
dictating that sentence,
petitioner began toshout and told that paragraph
16 in the petition could
not be taken intoconsideration because those CDs
could not be opened and
viewed as hehad already argued. I told him that
for the purpose of passing
the orderon Exhibit 6, I find it necessary to
make reference to the
pleadings inparagraph 16 of the petition and then
arguments of both the parties.
However, the petitioner continued to shout and
caused obstruction in
dictating the order in open Court. He could not
be pacified. The manner
in which he shouted and continued to go on
speaking causing
interruption in passing the orders, I find that
it is very difficult to take up
this petition and pass judicial orders in
peaceful manner. It appears that
the petitioner has no respect for the Court or
the decorum of the Court.
Therefore, I am not inclined to take up this
petition. Registry to place
this matter before the Hon’ble the Chief
Justice for assignment of this
petition to any other Judge.
2 After I have dictated the above paragraph,
petitioner and
one more person, who is said to be his son, began
to shout that they
would go to the media against the Court and while
so shouting they left
the Court. Conduct of the petitioner and his
companion is contemptuous.
However, I resisted myself from taking any action
for the contempt of
the Court as the petitioner appears to be a
senior citizen. Anyhow, matter
be placed before the Hon’ble the Chief
Justice for the appropriate
directions.