SURYA KANT, UJJAL BHUYAN
Sonam Lakra – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
Leave granted.
2. The appellant in this case is a 27yearold woman, with a seemingly strong commitment towards improving democracy at the grassroots level. Motivated by this vision, she contested the elections in 2020 for the position of Sarpanch of the Sajbahar Gram Panchayat in District Jashpur, Chhattisgarh, the village that she belongs to. She was subsequently declared elected with a substantial margin.
3. Having assumed the office of Sarpanch, the appellant undertook several measures towards development of the village, with the objective of bettering the quality of lives of its inhabitants. Pursuantly, after significant effort by the appellant, the Zila Panchayat, Jashpur sanctioned 10 construction projects for the Sajbahar village under the aegis of the Mahatma Gandhi Rural Industrial Park Scheme (RIPA). These construction works involved the development of industrial infrastructure, along with amenities such as roads and schools, which would not only improve the wellbeing of the villagers but also aid in making the village economically self-sufficient. However, the Chief Executive Officer of the Janpad Panchayat, despite lacking technical expertise regarding the time r
Manisha Ravindra Panpatil v. The State of Maharashtra’, Civil Appeal No. 10913/2024
The removal of an elected Sarpanch without due process and adherence to natural justice principles is impermissible, highlighting the need for respect towards elected representatives.
Removal of woman Sarpanch of Gram Panchayat – Matter of removal of an elected public representative should not be treated so lightly, especially when it concerns women belonging to rural areas.
The removal of a duly elected Sarpanch through the democratic process, was found to be improper.
The main legal point established in the judgment is that the removal of the petitioner from the post of Sarpanch was illegal and beyond the scope of Section 57(1) of the Gujarat Panchayats Act, 1993.
Removal of elected officials must adhere to principles of natural justice, ensuring fair opportunity to defend against charges.
Inconsistency of observations with the facts and circumstances of the case warrants interference and a fresh enquiry.
The judgment establishes that actions constituting misconduct under the Maharashtra Village Panchayats Act, 1959 should not be condoned, even under the policy of woman empowerment, and removal for pr....
The court upheld the removal of a Sarpanch for misconduct, affirming that due process was followed and principles of natural justice were adequately met.
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