Deepa Karki vs Tulsiram And Others

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through video conferencing.

Writ Petition Nos.2298 of 2020 (M/S) was disposed of with the following directions:-

“However, having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to approach

the Competent Authority, by making a representation. If such representation is made within one week from today, the same shall be decided

expeditiously; but, not later than six weeks from the date of receipt of representation alongwith certified copy of this order.â€​

In this contempt petition, it is alleged that the direction issued by the Court has not been complied with. However, at page 42 of the contempt

petition, the order passed by the General Manager, Nainital Milk Producers Cooperative Society Ltd., has been enclosed, which was passed on

18.01.2021.

Perusal of the said order passed by the General Manager indicates that the decision on petitioner’s representation has been taken.

Learned counsel for the petitioner submits that the elections are not being held in terms of the decision taken by the General Manager.

A perusal of the final order passed in WPMS No.2298 of 2020 indicates that there was no such direction to the Uttarakhand Cooperative Election

Authority to hold the election. Since the only direction to the Competent Authority was to take decision on the petitioner’s representation and the

said decision has been taken, therefore, in the humble opinion of the Court, it is not a case where contempt of the order has been made. Accordingly,

contempt petition is dismissed. Notices issued to the respondents are hereby discharged. However, the petitioner would be at liberty to approach

appropriate forum.