Rajesh Dayal Khare, J. - (1.) HEARD learned Counsel for the Petitioner.
(2.) THE present Contempt Petition has been filed for punishing the opposite parties under the Contempt of Courts Act for flouting the judgment and order dated 26.08.2010 passed in Special Appeal No. 1131 of 2010 (K. K. Bisnoi v. Committee of Management MGGNSHS School and Ors.). Learned Counsel for the applicant has referred to the judgment passed in Special Appeal No. 26.08.2010 and has argued that the Special Appeal Court declined to interfere with the order of Hon'ble Single Judge at this stage and modified order to the extent that status quo with regard to the management and affairs of the Institution, as it existed on the date of the order dated 11.06.2009, shall be maintained till the time fresh decision is taken in the light of the directions issued by the learned Single Judge, copy of the order of the Division Bench passed in Special Appeal has been filed as Annexure 9 to the accompanying Contempt Petition. It is contended that the opposite party No. 1 vide his office order dated 22.12.2010 had noticed about the order passed by the Hon'ble Single Judge as well as Special Appeal referred to above, copy of the aforesaid orders has been filed as Annexure 14 to the accompanying Contempt Petition. It is thus argued that Respondent No. 1 was fully aware about the orders passed by this Court.
(3.) LEARNED Counsel for the Petitioner has further drawn the attention of this Court to annexure 4 to the Contempt Petition which is the order of the Regional Level Committee dated 11.06.2009, whereby the Committee had withdrawn the earlier order dated 12.07.2008 and had issued direction to the D.I.O.S. to hold elections within three months from the valid list of Members of the General Body of the Society and it is argued that in the said direction it was mentioned in the last page of the order that the affairs of the College was being run by the Authorized Controller as there was no Committee of Management to run the affairs of the Institution. It is thus argued that on the date of passing of the order by Hon'ble Single Judge as well as Special Appeal single operation order was operative. It is contended that on 02.02.2011, the opposite party No. 1 has passed an order withdrawing the order of single operation, which is gross contempt of the orders passed by the Writ Court as well by the Special Appeal Court.;