Karnataka High Court
High Court Of Karnataka Rep By Registrar ... vs Dr Shalini Rajan on 8 September, 2008
Bench: Manjula Chellur, Ravi Malimath
IN 'THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 8™ DAY OF SEP? EMBER, 2008 PRESENT -- ~ * - THE HON'BLE MRS JUSTICE MANJULA CHELLUR | | THE HON BLE MR. Us STICE RAVI MALIMATH C.C, Sistatos soos sie MOTO) (CIVIL) BETWEEN : : High Court of Karnataka, Represented by the mS Registrar General, Bengalore- 960.001. .-COMPLAINANT . (BYS SRISHRIDHAR HIREMATH, G.A.) AND: . - 1. Pr. Shalini Rajan, ~ Secretary, 'Government of Karnataka, ~-.. Women and Child Department, M.S. Building, Bangalore. 2. Sri. Bhaskar, The President, Anganawadi Workers Selection Committee, Srinivasapura Taluk, Srinivasapur, Kolar District. "ACCUSED . (BY SRI.M.N.SESHADRI be SRL V. 7 SUD! MISH PAI, ADVOCATES. FOR A. 1- 2.) : Sa ab This C.C.c. is filed under. Sections 11 and 12 of the Contempt of Courts Act, pr ayitig te initiate contempt proceedings. against the. accused for disobeying the order dated 29.99. 2006. passed 3 in W.P.No. 13660/ 2006 (8) and. etc. This C. Ct. Ge | 'coming on for orders this day, MANJULA CHELLUR Ji, , made the following: - ORDER
Heard MrM.N. Seshadri and V.Sudhish Pai, advocates appearing for accused 1 and 2. 'y - This contempt proceedings came to be "initiated in pursuance of the directions of the Court in batch of Writ Petitions No.11508/2007 and other connected matters disposed of on 28.2.2008. In the writ petitions, the constitution of selection commitice containing the MLAs and MLCs as members of the :
Selection Committee was questioned. | So: far as. 'the selection of Anganwadi workers in. : a 7 State | of Karnataka, several writ petitions from ferent parts of the State came to te filed. ' 'The main Writ Petition was W.P.No. 1150872 2007. As 7 Several writ petitions gq: restioning. the ver} y / constitution of the Committee came. to be filed, the matters came to be disposed of by & commen order.
3. The: contempt proceedings pertains to Writ o Petition Ne, 13660 /{2006, Srinivasapura Town, Kolar Distzict, "which was also filed challenging the 7 constitution of the Selection Committee containing | the elected members and also MLA as the Chairman a and MLC as the member of the Selection Committee.
it is not in dispute that during the pendency of the writ, petitions, stay was granted on 29.9.2006. So far as Writ Petition No. 13908/2006 pertaining to Koppal District, the stay of interim order came to be - 7 vacated on 31.5.2007. a writ petitions: "ie. W.P.No. 13660 / 2006 pertaining Srinivasap ani, Sy W.P.No. 15465 / 2006 pertaining + to Shidlaghatta Taluk, W.P.No. 14244 / 2006 pertaining to. Arasikere Taluk and W.P.No. 14276/2006 pertaining ¢ to Dharwad, were also pending before 'the Court wherein such interim stay orders were. granted.
4. Meanwhile, 'Government Order dated 16.8.2007 came to y be made | in MME 231 ICD 2006 reconstituting the Selection Committee modifying the -- earlier impugned: Government Order which was the 7 subject matter of all the writ petitions including the ; present writ petition. As a matter of fact, the a entire reading of this notification dated 16.8.2007
- which is now produced at Annexure-R.6 would indicate p that modification of the Selection Committee without MLAs and MLCs" was done. ané the selection process would be dene - ~ excluding - taluks wherein stay order was as continuing As a mater of ; fact, the notification further" 'says, even, the selection e that would be made in _ pursuance of this Notification dated 16.8.2007 other than the taluks referred to above, would also bes subject to the decision of the Court iti tne writ: petitions 'The reference to this notification j in the judgment of ihe learned Single Judge is at Page Nos. 298 and. 299 (paragraph-93). The portions mentioned in 'Kannada at page No.299 is oe nothing but the firsi' two paragraphs of the notification : dated 16.8.2007. These two paragraphs only indicate the. situation of the litigation as on the date of this "notification ie. 16.8.2007. As a matter of fact, the os : actuai order portion starts at the bottom of the page
-- which ends on the next page. This order portion reads * as under:
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5. A reading of the above said Corder No.231- would clearly indicate that the Selection. Committee - need not proceed with the selection of "Anganwadi | workers so far as Anganwadies pertaining to Writ Petitions No. 13660/ 2006, 15465/ 2006, - 14244/2006 and 11276/2006. In that view "of the matter, practically there was nO "disobedience of the directions of the interim order 'of ; the Court dated 29.9,.2006 in Writ Petition No. 1680/2 2006. The - opinion of the Court at page No. 299. seems to be on account of not bringing to the notice of the. Court the entire order in Order No.231 oe dated 16. 8. 2007. if only the actual order was brought to 7 the notice of the Court, the very initiation of contempt proceedings would not have happened. In that view of ~ the matter, we note that there was no violation or : _ disobedience of any directions by the respondents- . accused with reference to the order dated 29.9.2006 in Writ Petition No. 13660/2006.
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-_ ~ Accordingly, the contempt proceedings ° dropped.
gng/-