SHILLONG: The High Court has refused to initiate contempt proceedings against the government as it is taking steps to hold municipal polls.
The PIL mover Pawan Sharma, citing the 2017 order of the court, wanted it to initiate contempt proceedings against the state government for the delay in conducting civic polls.
During the hearing of the case on Tuesday, Chief Justice Mohammad Yaqoob Mir said the respondent (the government) has filed a detailed affidavit along with a copy of record notes of discussion on the Draft Constitution (one hundred and twenty-third amendment) Bill, 2015 – Amendment of Article 280 of the Constitution of India. The minutes of the meeting held under the chairmanship of the Deputy Chief Minister on January 29 was also annexed.
The court said perusal of the records reveals that the state government, with all seriousness, has taken several steps at various levels for ensuring compliance of the previous order of the court.
“The joint readings of the affidavit and the annexures suggest that there is a will and a complete seriousness on the part of the respondent in implementing the judgment in its real spirit, therefore, as on date contempt proceedings against the respondent in the light of the affidavit and annexures do not survive,” the court said.
The court, however, added that the respondent will continue to pursue the matter vigorously in ensuring complete compliance of the judgment in its real spirit.
The court gave liberty to the petitioner for filing fresh contempt proceedings if at any point of time it appears to him that the respondent is not serious in implementing the judgment or appears to him that the respondent with all calculations is trying to disobey the judgment.
