Object of women empowerment would be frustrated if gross misconduct of woman is condoned: Bombay High Court

The Bombay High Court recently upheld the removal of a woman Sarpanch, while observing that condoning the wrongdoing or misconduct of a woman office bearer would frustrate the concept of women empowerment in a democratic setup [Sandip Ramesh Khidbide v. Pratima Prakash Gaikar]..Justice NJ Jamadar quashed orders 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."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," the order stated. .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 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. In any event, where the post of Sarpanch is reserved for a woman, upon removal of Gaikar from the said office, in the consequent election only a woman candidate could have been elected to the office of Sarpanch of village Ambivali," the judge opined. .The Bench was hearing a plea questioning the decision of the Rural Development Minister, who on May 26, 2022, decided not to remove Pratima Gaikar from the post of Sarpanch of Ambivali village in Raigad district. The Minister had quashed the April 19, 2022 order passed by the Divisional Commissioner, who had ordered Gaikar's removal from the post owing to her misconduct..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. As per government resolutions, the said 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. It was pointed out that in violation of government resolutions, Gaikar withdrew an amount of ₹15,549 by issuing a cheque. She did not withdraw this amount with the appointed Asha Sevika, but with an Anganwadi Sevika. .This, the Divisional Commissioner held, amounted to gross misconduct, as Gaikar had misappropriated the amount by withdrawing the same in breach of the mandatory rules in place. However, the Minister had quashed the Commissioner's decision, opining that since Gaikar is a woman, unseating her from the post would breach the ideals fo women empowerment. .After going through the facts of the case, the Court quashed the Minister's decision and upheld the orders of the Commissioner to remove Gaikar from the post. .Advocates Shashank Mangle and Bhagyashri Ranade appeared for the petitioner.Advocate Harshad Inamdar appeared for Gaikar. Additional Government Pleader VS Nimbalkar represented the State..[Read order]