Rajasthan High Court: A Division Bench of Manoj Kumar Garg and Sangeet Lodha JJ. directed State to take necessary steps for constitution of Rajasthan State Commission for Women(‘the Commission’) as mandated by section 3 of the Rajasthan State Commission for Women Act, 1999.
The instant petition was filed by the petitioners seeking directions to the respondents to take necessary steps for constitution of Rajasthan State Commission for Women(‘the Commission’) as mandated by section 3 of the Rajasthan State Commission for Women Act, 1999 (‘the Act’). Counsel for petitioner submitted that the post of Chairperson of the Commission is lying vacant since 20-01-2019, and post of three Members of the Commission are lying vacant since 20-11-2019, and therefore, at present the Commission is not functioning
Counsel for the State submitted that the appointment of the Chairperson and the Members of the Rajasthan State Commission for Women shall be made within a period of two months.
The Court observed that as per the mandate of provisions of Section 3 of the Act, the State Government is under an obligation to constitute the Commission to be known as the Rajasthan State Commission for Women consisting of Chairperson and four Members. The matter with regard to constitution of the commission as mandated cannot be deferred or kept pending by the State Government for indefinite period.
The Court held “the writ petitions are disposed of with directions to the State Government to appoint the Chairperson and the Members of the Rajasthan State Commission for Women as mandated by provisions of Section 3 of the Act, expeditiously in any case within a period of two months”.
[Ishwar Prasad v. State of Rajasthan, 2021 SCC OnLine Raj 1274, decided on 28-09-2021]
Arunima Bose, Editorial Assistant has reported this brief.