Supreme Court Reinstates Woman Sarpanch, Cites Disproportionate Removal and Gender Bias.
27 September 2024
Civil Appeals >> Civil & Consumer Law
The appellant, an elected Sarpanch of the Gram Panchayat in Vichkheda, Maharashtra, was disqualified from office based on allegations by private respondents that she was residing in a dwelling built on government land. The appellant denied the claims, stating that she lived separately with her family in a rented house, and the alleged house on government land was in poor condition. Despite the lack of proper fact-checking or evidence to substantiate the allegations, the Collector disqualified her, and the decision was upheld by the Divisional Commissioner. The High Court dismissed her writ petition on a technical ground, further confirming her removal.
The Court observed that the disqualification was likely influenced by personal biases against the appellant, particularly due to her gender and status as a woman elected in a reserved seat. The Court expressed concern over the casual and unverified manner in which the authorities acted, especially given that the appellant's election as a woman Sarpanch represented a step forward in gender parity. The authorities failed to conduct a thorough investigation into the allegations, and there was no credible evidence of encroachment on government land. The Court deemed the removal disproportionate and allowed the appellant to resume her duties as Sarpanch until the end of her term.