Mumbai: The very object of woman empowerment would be frustrated if a gross misconduct of a particular woman is condoned, observed the Bombay High Court while upholding the removal of a woman sarpanch for misconduct.
“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,” said Justice NJ Jamdar.
Maharashtra Rural Development Minister's order quashed
The court quashed the order passed by Maharashtra's Rural Development Minister, who condoned the misconduct of a woman Sarpanch saying that removing her would be against the concept of woman empowerment.
The court said that the reason given by the Rural Development Minister that unseating of a democratically elected woman Sarpanch would be contrary to the policy of woman empowerment, the Court said, could not be accepted. “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,” added justice Jamadar.
Further the judge added that in any event the post of sarpanch at Ambivali is reserved for a woman, hence removal of Gaikar and consequent election of only a woman candidate could have been elected as a sarpanch.
The HC was hearing a petition filed by one Sandip Khidbide, a resident of village Ambivali in Raigad, challenging May 2022 decision of Rural Development Minister not to remove Pratima Gaikar, 51, as sarpanch of the village alleging misconduct.
Gaikar's election
Gaikar was directly elected as a candidate for the elections held in 2019. She was also Chairperson of the Village Water Supply and Sanitation Committee.
According to a government resolutions, the Committee's bank account was to be operated by the Chairperson along with Asha Sevika. Earlier, it was to be operated jointly by the Chairperson and the Anganwadi Sevika.
Gaikar, in violation of the GR, withdrew Rs15,549 by issuing a cheque. She did not withdraw this amount with the appointed Asha Sevika, but with an Anganwadi Sevika.
The divisional commissioner, on April 19, 2022, said that this amounted to gross misconduct and that Gaikar had misappropriated the amount by withdrawing the same in breach of the mandatory rules in place.
However, the Minister quashed the Commissioner's decision, opining that since Gaikar is a woman, unseating her from the post would breach the ideals of women empowerment.
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