The Bombay High Court recently upheld the removal of a woman Sarpanch, emphasizing that overlooking a woman’s misconduct would contradict the principles of women empowerment in a democratic system.
Justice NJ Jamadar overturned a decision by Maharashtra’s Rural Development Minister, who had excused the misconduct of Pratima Gaikar, a woman Sarpanch, citing that removing her would harm the idea of empowering women.
The court reviewed a case where, on May 26, 2022, the Minister decided not to remove Gaikar from her post as Sarpanch of Ambivali village, located in Raigad district. The Minister argued that removing a democratically elected woman would be against the concept of women empowerment.
However, the court stated that the reason given by the Minister was flawed. It noted that empowering women through political representation is essential for democracy, but it must not be used as an excuse to overlook serious misconduct. The court emphasized that turning a blind eye to misconduct would defeat the purpose of women empowerment.
The court further explained that removing an office bearer for proven misconduct serves the greater public interest and strengthens democracy. It pointed out that even after removing Gaikar, another woman could have been elected in her place, as the Sarpanch position in Ambivali was reserved for women.
Gaikar’s removal was initially ordered by the Divisional Commissioner on April 19, 2022, after it was proven that she misappropriated funds. She had withdrawn ₹15,549 from a government account in violation of rules, without the authorized co-signer.
Despite this, the Minister overturned the Commissioner’s decision, arguing that Gaikar’s removal would harm the cause of women empowerment. After reviewing all the facts, the court quashed the Minister’s decision and reinstated the Commissioner’s order to remove Gaikar.
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