Considering the health and objections, Justice Amitendra Kishore Prasad deferred no-confidence proceedings against the seven-month pregnant sarpanch of Siriyagarh gram panchayat in Sakti district, Chhattisgarh.
The Chhattisgarh High Court was hearing a petition filed by elected sarpanch Manisha Raj Chouhan challenging a notice dated September 21 that called a meeting on October 1 to consider a no-confidence motion against her.
The proceedings stemmed from an application submitted by nine panchayats on September 17, stating that they had lost confidence in Chouhan and sought her removal.
Chouhan received the notice on September 24 and argued that supporting documents had not been supplied to her and that she did not receive seven clear days to prepare for the meeting.
In the application submitted, Chouhan is accused of misappropriating Rs 10 lakh, Rs 75,564, Rs 25,750 and Rs 1,91,600, related to the works allegedly remaining incomplete.
The state told the court that the prescribed authority had considered the allegations and after verification and sufficient evidence, the application was filed.
The High Court said elected panchayats have a statutory and democratic right to seek consideration of a no-confidence motion.
However, it said authorities must also ensure that the elected representative receives a fair opportunity to respond without compromising her health or that of her unborn child.
The court noted that Chouhan had placed her Matru Avam Bal Suraksha Card on record to establish her pregnancy. Referring to Supreme Court observations on the right to health and maternity protection, it directed her to submit a fresh detailed application raising her objections, including those related to the notice period, supporting material and her medical condition.
The prescribed authority, Dabhara, was directed to consider the application objectively and in accordance with law and may defer the proceedings and fix a future date if necessary.