Administrative officials misusing their authority for removal of an elected female Sarpanch from office on false and untenable grounds – Blatant disregard for principles of natural justice: Held: Appellant is an elected Sarpanch and has undertaken several measures towards the development of the village – Delay in execution of certain construction works unjustly attributed to the Appellant leading to her removal from office – Appellant sought relief from higher authorities – High Court dismissed her appeal – Held – Members of the Gram Panchayat, hand in glove with administrative authorities made a calculated effort to obstruct the initiatives of the elected Sarpanch – During proceedings at District Administration level blatant disregard of well-established principles of natural justice – Proceedings initiated on flimsy pretext to remove Appellant on false and untenable grounds – Impugned orders quashed – Appellant to continue to hold office till the end of her term – State to pay costs for harassment faced by Appellant. [Paras 9-11]
Distinction between an elected public representative and a selected public servant:
Held: Incomprehensible how a Sub Divisional Officer can direct the removal of an elected representative – Administrative authorities failed to recognize the fundamental distinction between an elected public representative and a selected public servant – Elected representatives like the Sarpanch are often treated as subordinate to bureaucrats – This misconceived and self styled supervisory power is asserted with an intention to equate elected representatives with public servants holding civil posts, completely disregarding the democratic legitimacy conferred by election. [Para 12]
Recurring pattern of similar cases where administrative authorities collude to exact vendettas against female Sarpanches – Highlighting systemic issues of prejudice and discrimination – Need to make efforts to promote women’s empowerment:
Held: Recurring pattern of similar cases, where administrative authorities and village panchayat members collude to exact vendettas against female Sarpanches – Systemic issue of prejudice and discrimination – Reliance placed on Manisha Ravindra Panpatil v. The State of Maharashtra – Cases involving female Sarpanches often reveal a pervasive pattern of unfair treatment across various levels of administrative functioning – Administrative authorities, being custodians of actual powers and affluent enough, should lead by example, making efforts to promote women’s empowerment and support female led initiatives in rural and remote areas. [Paras 14, 15]
Constitution of India, Article 226 – High Court has vast discretion – Can entertain writ petition, even when alternate remedies exist:
Held: High Court, while exercising jurisdiction under Article 226 has vast discretion to entertain a writ petition, even if alternate remedies may exist – Especially in cases where the Executive has blatantly and brazenly misused its power to weaken democratic values at the grass root level. [Para 16]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Vidhi Thaker, Hony. Associate Editor (Verified by: Shibani Ghosh, Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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