SC reinstates woman sarpanch, imposes Rs 1 lakh cost on Chhattisgarh govt for harassment
New Delhi, Nov 14: Coming down heavily on the Chhattisgarh government for removing an elected woman sarpanch of a remote village for "unjustified reasons," the Supreme Court on Monday observed the state wanted the village head to go with a "begging bowl before a babu (bureaucrat)".
A bench of Justice Surya Kant and Justice Ujjal Bhuyan imposed a cost of Rs 1 lakh on the state government to be released in four weeks to Sonam Lakra, the woman sarpanch of a village in Jashpur district, for the mental harassment she suffered.
"This is a case of high-handedness on the part of the authorities in removing an elected sarpanch, a young woman who thought of serving her village in a remote area of Chhattisgarh.
"Instead of admiring her commitments or cooperating with her or extending a helping hand in her endeavour for the development of her village, she was wronged for absolutely uncalled for and unjustified reasons," the bench said.
The top court termed the initiation of proceedings as a "lame excuse" for removing her from the post of sarpanch over a delay in the supply of construction materials and completion of construction work.
"Construction works involve engineers, contractors and timely supply of material besides vagaries of weather and therefore, how can a sarpanch be held responsible for the delay in construction works, unless it is found that there was a delay in allocation of work or performance of a specific duty assigned to her."
"We are satisfied that initiation of proceedings was a lame excuse and the appellant was removed from the office of Sarpanch on the false pretext," the top court said in its order.
While quashing the removal order passed by the sub-divisional officer (revenue), the bench reinstated her to the post of sarpanch till the completion of her term.
"Since the appellant has been harassed and subjected to avoidable litigation, we award the cost of Rs 1 lakh to her which shall be paid within four weeks by the state of Chhattisgarh," the bench said.
It said the state is at liberty to collect the amount from the officers responsible for causing her harassment.
The top court also directed the chief secretary of the state to hold an inquiry and find out the officers/officials responsible for the harassment of the elected representative.
During the hearing of the matter, the top court warned the counsel for the state government for repetitive disruptions saying, "Don't force us to say something harsh."
The counsel submitted that the sarpanch had a remedy available to her and she could appeal against the order of removal before the collector.
"That is what you want. You (state) want a sarpanch to go with a begging bowl before the babu... who in some cases may have been promoted from the post of clerk," the bench observed.
It said the sub-divisional officer (revenue), who passed the arbitrary removal order, seemingly lacked the technical knowledge about how much time construction work takes.
On April 5, the top court, while issuing notice on the plea of Lakra challenging the February 29 order of the high court dismissing her petition against the removal order, directed for a stay on the direction removing her from the post of Sarpanch.
"Meanwhile, the operation of the impugned orders passed by the sub-divisional officer (revenue), Pharsabahar, district Jashpur, Chhattisgarh, removing the petitioner from the post of sarpanch, gram panchayat Sajbahar, as well as that of the high court, shall remain stayed.
"Resultantly, the petitioner shall be reinstated as the sarpanch of the gram panchayat and shall be allowed to perform her duties without any hindrance," the bench had ordered.
Lakra was elected as sarpanch of Sajbahar Panchayat in Jashpur district of the state in January 2020. Some complaints were received with regard to irregularity in the completion of the construction work.
On May 26, 2023, the sub-divisional officer (revenue) registered the case and issued a show-cause notice to her.
Lakra (27) filed a reply stating that the work was sanctioned vide order dated December 16, 2022, under the Rural Industrial Park (RIPA), but she received it from the secretary of the gram panchayat on March 21, 2023.
Therefore, it was not possible to complete the work in such a short span of time, she had said.
It was stated that during the pendency of the enquiry, the work was completed and the oral intimation was given to the authority concerned. However, on January 18, she was removed from the office of sarpanch on the charge that she could not complete the work.
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BJP dreaming to win polls with money power: West Bengal BJP MLA after bypoll loss
Kolkata, Nov 23: As the ruling Trinamool Congress swept the by-elections in six assembly seats in West Bengal, Kurseong's party MLA Bishnu Prasad Sharma attacked the state leadership, saying the party dreams of winning polls with money power and that it sidelines legislators and gives "unnecessary importance and responsibilities" to MPs.
The TMC retained five of the six seats it had previously won during the 2021 polls, while wresting the key Madarihat seat from the saffron camp in north Bengal’s Alipurduar district.
In a Facebook post, Sharma alleged, "The BJP runs a membership drive in West Bengal over the phone from a Kolkata office, while party leaders turn a blind eye to factionalism within the party. The party sidelines MLAs and gives unnecessary importance and responsibilities to MPs. It dreams of winning elections relying on money power. Despite having no shortage of political issues in the state, it centers its politics solely around religion."
"The BJP accuses opponents of corruption while carrying Adani and Ambani on its shoulders. It tries to undermine the rights of the indigenous population by luring Bangladeshi Hindus with promises of CAA. It halts MGNREGA funds and indulges in such tactics, hoping to win elections in the state," he alleged.
On the other hand, the BJP MLA lauded TMC saying, that the ruling party in the state, armed with 26 different "pro-poor schemes" such as Kanyashree Prakalpa, Gitanjali Housing Scheme, Krishak Bandhu Scheme, Nijo Griha Nijo Bhumi, Rupashree Prakalpa, Shishu Sathi Scheme, and Student Credit Card, quietly works at the grassroots level.
"Now, you decide who will win the elections. I have never seen a culture of self-criticism within the BJP; otherwise, this outcome wouldn't have occurred," he added.
Since the 2021 assembly elections, the TMC has won every by-election, except the Sagardighi bypoll in March 2023, which was won by a Congress candidate who later switched to the TMC.
With this victory, TMC's tally in the 294-member state assembly rose to 216, further consolidating its position. The BJP's tally, on the other hand, dropped to 69, from 77 in 2021.
