LexStreak
Supreme Court of India

2024 INSC 901

2024 INSC 901 · CIVIL APPEAL No.12326 OF 2024 · 26 November 2024
Coram: Surya Kant; Ujjal Bhuyan
Read this judgment in LexStreak
Daily curated Supreme Court headnotes, reading streaks and a Bar leaderboard — built for Indian advocates.
Open the app — it's free
Full Judgment

REPORTABLE 2024 INSC 901 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No.12326 OF 2024 (Arising out of SLP (C) No. 7279 OF 2024)

Sonam Lakra … Appellant

Versus

State of Chhattisgarh and Ors. … Respondents

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 self­sufficient. However, the Chief

Executive Officer of the Janpad Panchayat, despite lacking technical

expertise regarding the time required for such projects, issued a Work Order

on 16.12.2022, mandating completion of the development works within the

limited duration of three months. This order for reasons best known to the

Chief Executive Officer was belatedly served to the Gram Panchayat on

21.03.2023, which ironically marked the end of the stipulated three­month

period since the date of issuance of the work order.

4.

Subsequently, the delay in execution was unjustly attributed to the

appellant, resulting in a Show­Cause Notice issued on 26.05.2023, followed

by a chargesheet. In her response, the appellant clarified that there was no

delay in the construction work. Despite her explanation, bureaucratic high­

handedness led to her removal from office on 18.01.2024.

5.

Aggrieved, the appellant sought relief from higher authorities and the High

Court but faced rejection at every turn. Undeterred, she initiated the present

proceedings. On 05.04.2024, this Court stayed the orders of the Sub­

Divisional Officer (Revenue), Pharsabahar, and the High Court, reinstating

the appellant as Sarpanch and directing that she be allowed to perform her

duties without any obstruction.

6.

The respondent­State of Chhattisgarh has filed a counter­affidavit, containing

mechanical contentions that “sufficient opportunity was afforded to the

appellant to present her case” and that an inquiry was conducted in

compliance with the provisions of the Chhattisgarh Panchayat Raj

Adhiniyam, 1993, and the Chhattisgarh Panchayats (Appeal and Revision)

Rules, 1995. The State further alleges that the appellant failed to submit the

Work Completion Reports on five occasions.

7.

Be that as it may, we have heard learned counsel for the parties and carefully

perused the material placed on record.

8.

This appears to be a classic case of administrative imperiousness, resulting

in the removal of an elected Sarpanch—a young woman dedicated to serving

her remote village in Chhattisgarh. Rather than recognizing her commitment

and supporting her vigor for the village's development, the authorities

unjustly penalized her for baseless and unwarranted reasons.

9.

A prima facie examination of the case trajectory reveals a calculated effort by

members of the Gram Panchayat, hand in glove with administrative

authorities, to obstruct the appellant’s initiatives. These individuals sought to

undermine her credibility with unfounded accusations of misconduct and,

when these stratagems failed, resorted to sabotaging development projects.

This concerted campaign ultimately led to her unjust removal as the duly

elected Sarpanch. It is cause for concern that at every step, the appellant

faced relentless obstacles and received little to no support in her endeavors.

10.

The first instance of hindrance in this appeal can be pinpointed to the Work

Order dated 16.12.2022, which required completion of the project within

three months but was served to the appellant only after the stipulated period

had elapsed. Subsequently, on 25.05.2023, once the construction work had

begun, the Sub­Divisional Officer, Rural Engineering Services, Pharsabahar—

who also bore responsibility for overseeing the project—expressed his

dissatisfaction over the alleged delay in completing the work under the RIPA

scheme, and even went so far as to request that action be taken against the

appellant.

11.

When proceedings commenced at the District Administration level, not only

were the bald allegations against the appellant accepted without scrutiny, but

she was also denied the fundamental opportunity to be heard. It is deeply

troubling to witness administrative officials misusing their authority and

blatantly disregarding well­established principles of natural justice. It is

incomprehensible how the Sub­Divisional Officer (Revenue), Pharsabahar,

issued the order dated 18.01.2024, directing the removal of an elected

representative in such a lackadaisical and hasty manner. It is even more so

intriguing that a junior official like a Sub­Divisional officer has been

empowered to determine the fate of an elected Sarpanch.

12.

The administrative authorities, with their colonial mindset, have regrettably

failed yet again to recognize the fundamental distinction between

an elected public representative and a selected public servant. Invariably,

elected representatives like the appellant are often treated as subordinate to

bureaucrats compelled to comply with directives that serve to encroach upon

their autonomy and impinge their accountability. This misconceived and self­

styled supervisory power is asserted with an intention to equate elected

representatives with public servants holding civil posts, completely

disregarding the democratic legitimacy conferred by election.

13.

What further muddies these already murky waters is the selective

accountability imposed on the appellant for the alleged delay in completing

the development works. This is despite the fact that responsibility for these

projects was shared among multiple stakeholders, including the Sub­

Divisional Officer, Rural Engineering Services, the Deputy Engineer, the

Technical Officer, the CEO of the Janpad Panchayat, and the Executing

Agency. It is self­evident that construction projects require coordinated efforts

from engineers, contractors, timely supply of materials, and are subject to the

vagaries of weather etc. Holding the Sarpanch solely accountable for delays,

without evidence of her failing in allocating work or performing a duty specific

to her elected position, is totally atrocious. We are convinced that these

proceedings were initiated on a flimsy pretext, so as to remove the appellant

from office under false and untenable grounds.

14.

It deeply concerns us that there is a recurring pattern of similar cases, where

administrative authorities and village panchayat members collude to exact

vendettas against female Sarpanches. Such instances highlight a systemic

issue of prejudice and discrimination. More recently, in Civil Appeal No.

10913/2024, titled ‘Manisha Ravindra Panpatil v. The State of

Maharashtra’, decided on 27.09.2024, we observed that cases involving

female Sarpanches often reveal a pervasive pattern of unfair treatment across

various levels of administrative functioning. Alarmingly, the removal of an

elected female representative, especially in rural and remote areas, is

frequently treated as a casual matter, wherein disregarding principles of

natural justice and democratic processes is treated as a time­honored

tradition. This entrenched bias is particularly disheartening and demands

serious introspection and reform.

15.

In this context, we must emphasize that as a nation striving to become an

economic powerhouse, it is distressing to witness such incidents occurring

consistently and being normalized, so much so that they bear striking

similarities even in geographically distant regions. Administrative authorities,

being custodians of actual powers and affluent enough, should lead by

example, making efforts to promote women’s empowerment and support

female­led initiatives in rural and remote areas. Instead of adopting

regressive attitudes that discourage women in elected positions, they must

foster an environment that encourages their participation and leadership in

governance.

16.

In this regard, we are also of the view that the High Court ought not to have

dismissed the appellant’s appeal vide order dated 29.02.2024, on mere

technical grounds, citing availability of alternative remedies. It is trite law

that the High Court, while exercising jurisdiction under Article 226 of the

Constitution has the vast discretion to entertain a writ petition, even if

alternate remedies may exist, especially in cases where the Executive has

blatantly and brazenly misused its power to weaken democratic values at the

grass root level.

17.

The impugned orders passed by the Sub­Divisional Officer (Revenue),

Pharsabahar, District Jashpur, Chhattisgarh dated 18.01.2024, as well as

that of the High Court dated 29.02.2024 are, thus, quashed. The appellant

shall continue to hold the Office of Sarpanch of Gram Panchayat Jashpur,

Chhattisgarh till the completion of her term.

18.

Furthermore, considering the harassment faced by the appellant, compelling

her to engage in unavoidable litigation, we direct the respondent­State to pay

her costs amounting to ₹1,00,000 (Rupees One Lakh) within four weeks. The

Chief Secretary, State of Chhattisgarh, is directed to release the said amount

to the appellant within the stipulated time and thereafter conduct an inquiry

against the delinquent officers/officials responsible for her harassment. The

State is at liberty to recover the cost amount from such erring officials in

accordance with the principles of natural justice.

19.

The appeal stands disposed of accordingly.

20.

As a result, pending interlocutory applications, if any, also stand disposed of.

………………………J. (SURYA KANT)

………………………J. (UJJAL BHUYAN)

NEW DELHI; NOVEMBER 14, 2024.

Source: Supreme Court of India. Text reproduced for open access to public legal records. Privacy