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High Court Balances No-Confidence Motion With Pregnant Sarpanch’s Rights
Nine elected ward members asked to hold a vote to remove village leader Manisha Raj Chouhan.
They alleged that money had been misused and some work was not completed.
Chouhan said she did not get the documents behind the claims and did not have enough time to prepare.
She is also about seven months pregnant.
The High Court said the ward members have a right to ask for the vote.
It also said Chouhan must have a fair chance to answer and that her health matters.
The court did not say the notice was invalid or stop the process permanently.
It asked her to explain her concerns to the local authority, which may provide the documents and postpone the meeting if needed.
The Chhattisgarh High Court deferred proceedings on a no-confidence motion against seven-month-pregnant sarpanch Manisha Raj Chouhan.
Nine panchas sought her removal, alleging financial misappropriation and incomplete works.
Chouhan said she had not received the supporting material and lacked seven clear days to prepare.
The court said the panchas have a statutory and democratic right to seek a no-confidence vote, while Chouhan must receive a fair chance to respond without compromising health.
It directed her to submit a fresh application and told the authority to consider her objections, provide disclosable supporting material, and defer the meeting if necessary.
- Who
- Manisha Raj Chouhan, the elected sarpanch of Siriyagarh gram panchayat, and nine panchas who sought a no-confidence motion.
- What
- The Chhattisgarh High Court deferred the proceedings and directed the local authority to consider Chouhan’s objections and medical condition.
- Where
- Siriyagarh gram panchayat, Sakti district, Chhattisgarh.
- When
- The court issued its order on October 1; the meeting had been scheduled for noon that day.
- Why
- Chouhan challenged the notice, citing the lack of supporting material, insufficient preparation time, and her pregnancy.
Sarpanch’s concerns
Panchas’ rights
Fair opportunity to respond
Sarpanch’s concerns
Chouhan said she had not received the supporting material and had not been given seven clear days to prepare.
Panchas’ rights
The panchas’ application sought consideration of a no-confidence motion, a right the court described as statutory and democratic.
Pregnancy and proceedings
Sarpanch’s concerns
Chouhan asked the authority to take account of her seven-month pregnancy and protect her health and that of her unborn child.
Panchas’ rights
The court said pregnancy does not automatically halt the motion and that the panchas’ right to pursue it cannot be barred solely because of inconvenience.
Key facts
- Sarpanch
- Manisha Raj Chouhan
- Village council
- Siriyagarh gram panchayat
- District
- Sakti district
- Motion supporters
- Nine panchas submitted an application seeking her removal.
- Allegations
- The panchas alleged misappropriation of Rs 10 lakh, Rs 75,564, Rs 25,750 and Rs 1,91,600, and said related works were incomplete.
- Notice and meeting
- The notice was dated September 21, received by Chouhan on September 24, and set a meeting for noon on October 1.
- Court direction
- Chouhan must submit a fresh detailed application; the authority must consider it and provide legally disclosable material that is part of the record.
Quotes
Chhattisgarh High Court
The court, in an order delivered by Justice Amitendra Kishore Prasad.
“The right to health has been recognised as an integral facet of the right to life guaranteed under Article 21 of the Constitution of India… The authorities are required to balance both aspects, namely, the statutory right of the Panchas to seek consideration of a no-confidence motion and the right of the petitioner to receive a fair and reasonable opportunity to participate in the proceedings without compromising her health or the health of her unborn child”
indianexpress.com
“The principles of fairness and natural justice require that the affected elected representative should have reasonable knowledge of the material relied upon against her”
indianexpress.com
Sources
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