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Participation In Political Campaign By Members Of Child Welfare Committee Not Misuse Of Power Under JJ Act: Chhattisgarh High Court
Akshita Saxena
9 April 2021 2:11 PM GMT
The Chhattisgarh High Court has held that merely because a person, who is a member of a Child Welfare Committee, participates in an election campaign in favour of a candidate, does not mean that such person has indulged in "misuse of power" conferred under by the Juvenile Justice (Care & Protection of Children) Act, 2015. While setting aside an order for removal of the...
The Chhattisgarh High Court has held that merely because a person, who is a member of a Child Welfare Committee, participates in an election campaign in favour of a candidate, does not mean that such person has indulged in "misuse of power" conferred under by the Juvenile Justice (Care & Protection of Children) Act, 2015.
While setting aside an order for removal of the Petitioner from the post of Chairperson of Child Welfare Committee for allegedly participating in the campaign of election in favour of BJP candidate, a Single Bench of Justice Goutam Bhaduri held,
"even if such allegations are read in terms of sub-section (7) of Section 27 of the Act, it cannot be enveloped to lead an inference that the campaign in favour of certain candidates would be within the ambit of guilty of misuse of power under the Act, 2015."
Section 27 of the JJ Act contemplates removal of a member of the Child Welfare Committee on the following grounds:
(i) He has been found guilty of misuse of power vested under this Act;
(ii) He has been convicted of an offence involving moral turpitude and such conviction has not been reversed or he has not been granted full pardon in respect of such offence;
(iii) He fails to attend the proceedings of the Committee consecutively for three months without any valid reason or he fails to attend less than three fourth of the sittings in a year
(iv) Becomes ineligible under sub-section (4) during his term as a member.
The Petitioner in this case had denied the allegation of participation in the said campaign.
She submitted that the photographs on which the reliance was placed by the State authorities for removing her from the said post were never supplied to her, and the pictures shown were not clear.
It was further contended that the order removing her was passed without giving any further opportunity of hearing.
The Single Bench in its order noted,
"it shows that the petitioner was not given any opportunity of hearing. Under the circumstances, the removal of the petitioner's authority from the post of Chairperson of the Child Welfare Committee vide 5 Annexure P-8 dated 19.01.2021 cannot be sustained and is set aside."
Case Title: Madhu Pandey v. State of Chhattisgarh & Ors.
Read Order
