85-year-old Tiwari, who was earlier asked by the High Court and the Supreme Court to give blood sample as evidence in the paternity suit, earlier, refused to appear and undergo the test saying "nobody can be pressurized to give evidence in this manner."
Seeking initiation of contempt proceedings against Tiwari, Rohit Shekhar said "despite clear and specific orders of the High Court, directing the defendant (Tiwari) to furnish blood samples for the DNA test, he has refused to do so."
The application, which is likely to be heard tomorrow, said "by non-appearance on June 1, Tiwari has willfully disobeyed orders of the court. The petitioner (Rohit) further submits that in the light of advanced age of the contemnor (Tiwari) such delaying tactics and continuous blatant disregard of the orders of the courts may result in the entire suit becoming infructuous."
Earlier, Tiwari, who was to appear before the Joint Registrar, moved an application saying he cannot be forced to appear and give his blood sample to decide the case.
It said no courts had asked Tiwari to give his blood sample "compulsorily" to decide the paternity suit.
Tiwari, who had held the post of chief minister of undivided Uttar Pradesh and later of Uttarakhand, along with Rohit Shekhar and his mother Ujjwala Sharma was ordered to appear and give their blood samples.
Rohit had vehemently opposed the plea of Tiwari saying the Congress leader was "trying to wriggle out of the judicial proceedings in an unfair manner."
Tiwari, who had held several top posts at the Centre, quit as Andhra Pradesh Governor in December 2009 following allegations of his involvement in a sex scandal.
On a paternity suit by Rohit, a single-judge bench of the Delhi High Court had on December 23 last year asked Tiwari to undergo the DNA test for ascertaining the veracity of Rohit's claim that he is Tiwari's biological son.
Refuting Rohit's claim, Tiwari had challenged the high court's single-judge bench order before its division bench, which too had rejected his appeal, following which he had moved the apex court on February 28.
But the apex court too had on March 14 refused to stay the high court's order for his DNA test. However, in a relief to him, the court had said the result of the test will not be made public unless it is required.