The Punjab and Haryana high court has said that Manisha Gulati, who was removed as chairperson of the Punjab State Women Commission (PSCW) by the Aam Aadmi Party (AAP) government in Punjab, can’t complain about her removal now as her appointment was due to her political affiliations with the previous Congress government.
“…the petitioner herself was appointed on account of political affiliations. She has not been selected or appointed after following a competitive process or on merit. In such circumstances, she herself, being a beneficiary of her political associations, is not justified in complaining about the same,” the bench of justice Anil Kshetarpal said while dismissing her plea.
Gulati had moved the high court on March 15, a week after being removed from her post on March 7. She had earlier been removed on January 31, 2023, but the order was subsequently withdrawn. Appointed as the commission chairperson in March 2018 during the then Congress-led government headed by Captain Amarinder Singh, she had gotten an extension of her tenure from March 2021 to March 2024.
The court observed that the experience showed such appointments to such offices are predominantly based on political affiliations. It appears that the petitioner, being a political nominee of the then ruling party, is not on friendly/good terms with the present political party. For that reason, the political party presently in power wishes to make its own nominations, the bench said adding that chairperson powers include advising the government on various issues. “As per Section 11 of the 2001 Act (The State of Punjab enacted the Punjab State Commission for Women Act, 2001), the government is required to consult the commission on all the major policy matters affecting women. In such a situation, if the PSCW and the government is not working at tandem, chances are that the PSCW will not be in a position to discharge its functions or exercise its powers effectively so as to ensure the protection and upliftment of women,” the bench recorded adding that it was important all such institutions work in tandem.
{{/usCountry}}The court observed that the experience showed such appointments to such offices are predominantly based on political affiliations. It appears that the petitioner, being a political nominee of the then ruling party, is not on friendly/good terms with the present political party. For that reason, the political party presently in power wishes to make its own nominations, the bench said adding that chairperson powers include advising the government on various issues. “As per Section 11 of the 2001 Act (The State of Punjab enacted the Punjab State Commission for Women Act, 2001), the government is required to consult the commission on all the major policy matters affecting women. In such a situation, if the PSCW and the government is not working at tandem, chances are that the PSCW will not be in a position to discharge its functions or exercise its powers effectively so as to ensure the protection and upliftment of women,” the bench recorded adding that it was important all such institutions work in tandem.
{{/usCountry}}The court further observed that as per the 2001 Act, the government has the power to nominate any person irrespective of qualifications, experience etc. “The powers conferred on the state are unrestricted and unbridled. It nowhere provides that the minimum tenure or term of the chairperson or the non-official member would be for a period which is not less than three years,” the court said.