Allowing The Misconduct Of A Female Office Bearer Undermines The Progress Of Women's Empowerment - Bombay HC

The recent decision of the Bombay High Court upheld the removal of a female Sarpanch. The Court emphasized that allowing the misconduct of a female office bearer would undermine the progress of women's empowerment in a democratic system. Justice NJ Jamadar nullified the orders of Maharashtra's Rural Development Minister, who pardoned the wrongdoing of the female Sarpanch and argued that removing her would oppose the principle of women empowerment.

The Court rejected the Minister's argument that removing a democratically elected female Sarpanch would contradict the women empowerment policy.

The Bench was hearing a plea challenging the Rural Development Minister's decision on May 26, 2022, not to oust Pratima Gaikar from the Sarpanch position of Ambivali village in Raigad district. Gaikar, who was directly elected in the 2019 election, also served as the Chairperson of the Village Water Supply and Sanitation Committee.

The government directives mandated that the Committee's bank account be run by the Chairperson alongside an Asha Sevika, replacing the previous practice of the Chairperson and the Anganwadi Sevika operating it jointly. Gaikar was found to have violated these regulations by withdrawing ₹15,549 with an Anganwadi Sevika instead of the assigned Asha Sevika. The Divisional Commissioner declared this as gross misconduct, as Gaikar had withdrawn the amount in violation of the mandatory rules.

Despite this, the Rural Development Minister nullified the Commissioner's order, stating that removing Gaikar, a woman, would contradict the principles of women's empowerment.

After examining the facts of the case, the Court invalidated the Minister's decision and supported the Commissioner's order to remove Gaikar from her post.