IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2626 of 2011 Sri Gyanpal Singh Jain Versus The State Of Bihar & Ors 4 21.12.2011 The petitioner prays for initiation of a contempt proceeding against the Opposite parties for willful and deliberate violation of the order dated 9.12.2009 passed by this court in C.W.J.C. No.7519 of 2007. The petitioner filed C.W.J.C. No.7519 of 2007 for a direction to the respondents to declare the election of the Bihar State Board of Swetamber Jain Religious Trust held on 12.10.2006. On 9.12.2009 this court directed the respondents including the Returning Officer to count the votes if they are intact preferably within three weeks from the date of receipt/production of that order, so that the result be declared. The petitioner has filed the instant contempt application, as the order dated 9.12.2009 passed in C.W.J.C.No.7519 of 2007 has not been complied with. A show cause has been filed on behalf of Opposite party no.4. Counsel for the State has referred to letter dated 26th June, 2007 of General Manager, All India Jain Swetamber Murtipujak Shree Sangh addressed to Shri Yogendra Prasad, the then Law Secretary, Government of Bihar, Patna. The subject matter of that letter was in respect of vacating of Flat No.403, Pushpanjali Venkateshwar Apartment, Off. Budh Marg, Patna. In that letter it has been stated that All India Sweteamber Murtipujak Shree Sangh 2 has allowed the Bihar State Shwetamber Jain Religious Board to use part of office in Flat No.403, Pushpanjali Venkateshwar Apartment, Off Budh Marg, Patna and due to Re-organisation of Bihar State and formation of Jharkhand, the administrative work of All India Swetamber Murtipujak Shree Sangh has come to an end and as such they had sold the aforesaid property. Counsel for the State submits that the ballot box including all other relevant papers have been kept in the aforesaid Flat No.403, which is now under occupation of one Shri Pradeep Jain. He further submits that the Administrator cum Deputy Secretary, Law Department, Bihar, Patna has also written a letter to the Director General of Police, Patna to institute a case against Shri Pradeep Jain as he is in unauthorised occupation of documents as well as flat. On the other hand, counsel for the petitioner submits that the respondents could very well have taken possession of the ballot box and documents and could have got the counting done. He further submits that in view of the letter of the Law Department, at least an enquiry or F.I.R. ought to have been instituted. I have heard counsel for the petitioner and the State. It appears that the ballot box and other relevant documents of the Bihar State Board of Swetamber Jain Religious Trust is kept in its office at Flat No.403, Pushpanjali Venkateshwar Apartment, Off Budh Marg, Patna. In the year 2007, the premises was transferred to one Mr. Pradeep Jain as per letter dated 28.4.2007 of All India Jain Swetamber Murtipujak Shree Sangh. It was 3 expected that the new incumbent of the flat ought to have handed over all the relevant papers of the trust to the authorities. This court was earlier thinking of issuing a direction to the Officer-Incharge, Kotwali P.S. to institute a case on the basis of the letter of the Administrator cum Deputy Secretary, Law Department, Bihar, Patna addressed to the Director General of Police, Patna, but nonetheless I saw no reason as to why the documents and ballot box kept in Flat No.403, Pushpanjali Venkateshwar Apartment, Off Budh Marg, Patna in the year 2007 would not be handed over to the authorities. As such, I direct the Officer-Incharge, Kotwali P.S., Patna to receive the relevant documents and ballot box of the Bihar State Board of Swetamber Jain Religious Trust from the aforesaid premises and hand it over to the Administrator cum Deputy Secretary, Law Department, Bihar, Patna within a period of six weeks from the date of receipt/production of a coy of this order. The owner/occupier of the said flat would cooperate with the police in handing over those documents to the Administrator cum Deputy Secretary, Law Department, Bihar, Patna. With the aforesaid observations and directions, this writ petition stands disposed of. KHAN (S.P.Singh,J)