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Civil · Reportable judgment

Manisha Ravindra Panpatil vs The State of Maharashtra & Ors.

Court
Supreme Court of India
Date
27 September 2024
Case No.
Civil Appeal No. 10913 of 2024
Result
Allowed
Bench
Surya Kant, Ujjal Bhuyan
Citation
[2024] 9 S.C.R. 770 : 2024 INSC 762
Supreme Court Reports [2024] 9 S.C.R. 770 : 2024 INSC 762
Issue for consideration
Appellant-Sarpanch was removed from office on the allegations of encroachment of government land by her. Whether the disqualification of the appellant was justified.
Headnote

Women representatives in elected bodies – Prejudicial treatment at all levels of administrative functioning, deprecated – Allegations made by the private respondents as regards encroachment of government land by the appellant, a female Sarpanch – Mechanical orders passed by authorities, appellant removed from office – Removal affirmed by High Court – Justification:

Held: There is no credible and convincing material on record to substantiate the allegations of encroachment of government land by the appellant before or post her election as Sarpanch – Nature of allegations and the consequential removal from the office of Sarpanch, highly disproportionate – Matter of removal of an elected public representative should not be treated so lightly, especially when it concerns women belonging to rural areas – Impugned order set aside – Appellant to continue and perform the duties of Sarpanch of the Gram Panchayat till the completion of her tenure. [Paras 10-12]

Keywords: Sarpanch · Women representatives · Female Sarpanch · Disqualification · Removal from office · Private respondents · No professional misconduct · Encroachment of government land · Punishment disproportionate · Mechanical/summary orders · Women empowerment

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Leave granted. 2. Heard learned counsel for the parties. 3. The appellant is an elected Sarpanch of Gram Panchayat, Vichkheda situated in Jalgaon District of Maharashtra. She contested in the panchayat elections and won in February, 2021. A dispute subsequently arose between the appellant and respondent nos. 5 to 7 (hereinafter referred as ‘the private respondents’), who sought her disqualification on the ground that she was allegedly residing with her mother-in-law in a house erected upon government land. The appellant however, had vehemently contended that she does not reside in
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