VIJAYALAKSMI W/O SHATANANDA PAI AND ORS Vs. STATE OF KARNATAKA RURAL DEVELOPMENT AND PANCHAYAT RAJ, M S BUILDING BANGALORE

JUDGEMENT

(1.) Petitioners have questioned the Circular dated 25.5.2010 and the letter dated 26.11.2010 which are produced in Writ Petition Nos. 37872-876/2011, as also the impugned notice issued to the petitioners by the concerned Child Development Officer directing the petitioners to chose either of the two posts viz., the post of Anganawadi worker and the membership of the Grama Panchayat.

(2.) The question involved in these writ petitions are already decided by this Court in three judgments i.e.,

(3.) This Court in Writ Petition Nos.4343-52/2011 while deciding the matter, observed thus : Para 7 : The effect and purport of the notices issued to them is that if they do not choose to opt for the option given, action in accordance with law will be taken. Therefore, the apprehension of the petitioners that they will be removed from the post of Anganawadi Worker/Helper if they do not resign from their elected post is not well founded. It has to be made clear that no such action can be initiated to remove the petitioners from the post of Anganawadi Worker/Helper without taking recourse to provisions of the Act and Rules framed thereunder. Undoubtedly, it is open to the State Government to initiate action in accordance with law, if the petitioners have incurred any disqualification. In this background, keeping open all the contentions urged by the petitioners, these writ petitions are disposed of making it clear that the petitioners can urge these contentions as and when action is initiated in accordance with law for their disqualification as per the provisions contained under the Karnataka Panchayat Raj Act.