LAWS(P&H)-2023-3-68

MANISHA GULATI Vs. STATE OF PUNJAB

Decided On March 28, 2023
Manisha Gulati Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) After having heard the learned counsel representing the parties at length and with their able assistance, after perusal of the paper-book as well as the written note of submissions, this Court is of the considered view that the following question requires adjudication:-

(2.) The relevant facts, in brief, are required to be noticed before proceeding further. The State of Punjab enacted the Punjab State Commission for Women Act, 2001 (hereinafter referred to as "the 2001 Act") which received the assent of the Governor of Punjab on 19/4/2001. As per the preamble, the provision for constitution of Commission has been envisioned with a view to improve the status of women in the State and to enquire into the unfair practices affecting women and for the matters relating therewith or incidental thereto. Sec. 3 of the 2001 Act provides that the government shall, by notification in the Official Gazette, constitute a body to be known as the "Punjab State Commission for Women" (hereinafter referred to as "the PSCW"). On the careful perusal of Sec. 3 of the 2001 Act, it is evident that the government has the power to nominate a Chairperson who shall be an eminent woman committed to the cause of the women. The only requirement is that the government, before nominating the Chairperson, shall consult the women organizations within the State of Punjab. There is absolutely no other restriction or condition on the power of the government to nominate. Sec. 4 of the 2001 Act provides that the Chairperson and every other non-official member shall hold the office for a period of three years. Sec. 4(3) of the 2001 Act starts with a non-obstante clause which enables the government to remove the person holding the office of the Chairperson or any other member on the conditions laid down therein including clause (f) of Sec. 4(3) of the 2001 Act. It is considered appropriate to extract hereunder Sec. 4 of the 2001 Act because the interpretation of the aforesaid provision is pivotal to the decision of the case, the same is as follows:-

(3.) Ss. 10 and 11 of the 2001 Act, also being relevant, are extracted as under:-