RAJAPPAN NAIR Vs. STEPHEN JOSEPH

JUDGEMENT

(1.) W.P.(C) No. 39412 of 2003 was preferred for enforcing the order dated 23.8.2003 passed by the Registrar of Co-operative Societies rescinding the resolution dated 18.9.2002 passed by the Board of Directors of a Society reinstating the petitioner. Second respondent had submitted before the learned Single Judge that the order of Registrar has been appealed against before the Government. Learned Single Judge disposed of the Writ Petition on 31.3.2004 by issuing the following directions:

(2.) Counsel appearing for the respondent Sri John Joseph submitted that there is deliberate defiance of the orders passed by this Court. Counsel submitted, first order was as early as 31.3.2004 and though an appeal was preferred the Division Bench did not interfere with the direction of the learned Single Judge. Later they moved the Government and Government rejected the stay petition and consequently counsel submitted the learned Single Judge is justified in giving a positive direction in the contempt case as well.

(3.) The High Court of Kerala in exercise of the powers under Articles 5 and 225 of the Constitution of India, Section 23 of the Contempt of Courts Act, 1971 have framed the Contempt of Courts (High Court of Kerala) Rules. Rule 5 deals with contents of the petition and Rule 6 deals with the procedure for taking cognizance. Rule 6 reads as follows: