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Synopsis

A single judge bench of the Bombay High Court comprising Justice NJ Jamdar recently set aside an order of the State Government reversing the decision of the Divisional Commissioner of removing a woman as a Sarpanch while observing that removal of office bearer for proved misconduct serves a larger public interest and strengthens democracy.

“The reason assigned by Minister (Rural Development) that unseating of a democratically elected woman Sarpanch would be contrary to the policy of woman empowerment is unworthy of acceptance. The Minister (Rural Development) lost sight of the fact that removal of an office bearer for proved misconduct also serves a larger public interest and strengthens democracy. In any event, where the post of Sarpanch is reserved for a woman, upon removal of respondent No. 1 from the said office, in the consequent election only a woman candidate could have been elected to the office of Sarpanch of village Ambivali,” the bench observed.

The court was considering a plea challenging the Rural Development Minister's decision not to remove Pratima Gaikar from her position as Sarpanch of Ambivali village in Raigad district. The Minister had reversed an order issued by the Divisional Commissioner on April 19, 2022, which had called for Gaikar's removal due to her misconduct.

Gaikar was elected directly as a candidate in the 2019 elections and was also the Chairperson of the Village Water Supply and Sanitation Committee. As per government resolutions, the Committee's bank account was to be operated jointly by the Chairperson and Asha Sevika, but Gaikar withdrew Rs 15,549 by issuing a cheque with an Anganwadi Sevika in violation of these rules.

The Divisional Commissioner found that Gaikar's actions constituted gross misconduct as she had misappropriated funds in breach of mandatory rules.

However, the Minister reversed the Commissioner's decision while stating that since the Sarpanch was a woman and the policy of the State Government was that of woman empowerment, it would not be justifiable to unseat a democratically elected Sarpanch and deprive her of the constitutional rights for an irregularity in the discharge of administrative duties.

The high court observed that the object of woman empowerment would be frustrated if gross misconduct of women is condoned.

“Empowerment of woman by providing political representation has been one of the main features of strengthening the democracy at the grass root level. Participation of woman in local-self governance is considered a measure of ensuring a greater probity in public life. However, the very object of woman empowerment would be frustrated, if under the guise of advancing the interest of women a gross misconduct of a particular woman is condoned,” the order read.

The Court, after hearing both parties, set aside the Minister's decision and upheld the Commissioner's orders to remove Gaikar from her position.

Case title: Sandip Khidbide vs Pratima Gaikar