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2011 DIGILAW 557 (KAR)

Parvati Guddapaur @ Tanvasi v. State of Karnataka, Department of Rural Development and Panchayath Raj, Bangalore

2011-06-03

ASHOK B.HINCHIGERI

body2011
Judgment :- 1. As the questions of facts and law involved in these petitions are similar, they are clubbed, heard together and are being disposed off by this common order. 2. The petitioners are all Anganawadi Workers. The petitioner in W.P. No. 63085/2011 and 63086/2011 are elected as the members of the Taluk Panchayath and the petitioner in W.P. No. 63087/2011 is elected as the member of the Grama Panchayath. They have called into question the orders issued by the Officers of the Department of Women and Child Department. The impugned orders require the petitioners to put in their resignation either for the post of Anganawadi Workers or for the membership of the local body. 3. Sri Rajashekhar Burji, the learned counsel for the petitioners submits that the petitioners are doing voluntary service, that they are not holding any civil post and that there are no legal impediments for them to continue as Anganawadi Workers and also as the Members of the local bodies simultaneously. He submits that there is no bar or disqualification under Section 128 of the Panchayath Raj Act for their continuing to hold both the posts. When the statute does not provide for such a restriction, the respondents are not justified in issuing an executive order compelling the petitioners to choose one of the two positions. 4. Sri Rajashekhar Burji submits that the petitioners are appointed under a scheme. Therefore their position as Anganawadi Workers is not a permanent nature. He submits that the funds for the functioning of the local body comes from the Central Government. Therefore their working as the Anganawadi Workers under the State Government is not coming in the way of their discharging their duties as the Members of the Taluk Panchayath/Grama Panchayath. 5. He has also relied on the decision of the High Court of Punjab and Haryana dated 05.12.2008 in C.W.P. No. 7727/2008 etc., in the case of ANOKH SINGH vs. PUNJAB STATE ELECTION COMMISSION, CHANDIGARH wherein it is held that there is no disqualification for the Anganawadi Workers to contest the election to the local bodies. He further submits that the said decision is also confirmed by the Hon’ble Supreme Court. He submits that the Election Commission itself has issued a circular stating that the Anganawadi Workers can take part in the elections to the local bodies. 6. Ms. He further submits that the said decision is also confirmed by the Hon’ble Supreme Court. He submits that the Election Commission itself has issued a circular stating that the Anganawadi Workers can take part in the elections to the local bodies. 6. Ms. Megha C. Kolekar, the learned Government Pleader for the respondent Nos. 1 to 5 submits that if the petitioners go to attend the sessions of the local bodies in their capacity as the members, there would not be anybody in the Anganawadis to attend to the children and their requirements. She submits that many Anganawadi Centres have only one Anganawadi Worker and if the lone Anganawadi Worker also goes to attend the meetings of the local bodies, the children remain uncared and unprotected. She submits that from 9.30 a.m. to 4.00 p.m., on all working days the Anganawadi Workers have to perform a number of duties. She has culled out the programme of the day’s activities during the assigned time-slots, which are as follows: LANGUAGE 7. She submits that the respondents have issued the impugned communications only in compliance with the Central Government’s directions contained in its letter, dated 25.05.2010, wherein it has expressed the considered view that it may not be proper for the Anganawadi Workers to discharge the duties concurrently as elected members of the Panchayath as well as the Anganawadi Workers/Helpers under ICDS scheme. Nextly, she brings to my notice the Central Government’s communication, dated 26.11.2010, wherein the Central Government has clarified that the incumbents had to opt for either of the two positions. 8. That there is no bar or disqualification in law for an Anganawadi Worker/Helper to become a Member of the Grama Panchayath or Taluk panchayath is not in dispute at all. The decision of the Punjab and Haryana High Court in the case of Anokh Singh (supra) is to the effect that the Anganawadi Workers being volunteers, there is no question of their misusing their office and taking the advantage of the same in the election. With this reasoning, they were permitted to take part in the election. On the same lines is the circular of the Election Commission. 9. What falls for consideration in these petitions is not “whether the Anganawadi Workers/Helpers can take part in the elections?.” That issue is no more res integra. With this reasoning, they were permitted to take part in the election. On the same lines is the circular of the Election Commission. 9. What falls for consideration in these petitions is not “whether the Anganawadi Workers/Helpers can take part in the elections?.” That issue is no more res integra. The question that falls for my consideration is whether the person can continue both as Anganawadi Worker and also as a member of the Grama Panchayath/Taluk Panchayath. The petitioners are not being disqualified or deprived of their membership of Grama Panchayath/Taluk panchayath on the ground that they are the Anganawadi Workers. 10. If their working members of the local bodies is making a demand on their time and is affecting their availability for performing certain services in the Anganawadi, the Government is well within its limits to insist that either they continue as the Anganawadi Workers or Members of the local body. The ICDS scheme is for taking care of the children in the pre-school period. If an Anganawadi has only one Anganawadi Worker and if she also goes to attend the meetings of the Grama Panchayath/Taluk Panchayath/Zilla Panchayat, the interests of the children would suffer. In a case of this nature, what is of paramount consideration is the interest of the child. Not only that the petitioners would be attending the meetings of the local bodies but they would also be required to attend the grievances of the people of their respective constituencies. The same would affect their availability in the Anganawadi. They are required to be present on all working days between 9.30 a.m. to 4.00 p.m. in the Anganawadi and act as architects of the all-round development of the child’s personality in the most formative years of its life. 11. It is also not in dispute that, for the implementation of the ICDS scheme, the aid is coming from the Central Government. If the State Government does not comply with the Central Government’s directions, there is every likelihood of the Central Government withdrawing the aid itself. If the ICDS scheme is not implemented in its letter and spirit in compliance with the Central Government’s directions, it would not be in the interest of the children, their parents and the society at large. 12. For the aforesaid reasons, I dismiss these petitions. No order as to costs.