Rajasthan High Court: The Division Bench of Sangeet Lodha and Manoj Kumar Garg, JJ., dealt with the petition which 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’).
The petition averred that the post of Chairperson of the Commission was lying vacant since 20-01-2019, and post of three Members of the Commission were lying vacant since
20-11-2019, and therefore, at present the Commission was not functioning.
The Court made it clear 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.
Additional Advocate General appearing 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 directed 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]
Suchita Shukla, Editorial Assistant has reported this brief.
For Petitioner(s) : Mr Ishwar Prasad, petitioner, present in person (in DBCW No.10006/21)Mr Rajak Khan (in DBCW No.12421/21)
For Respondent(s) : Mr Anil Kumar Gaur, AAG with Mr. Anupum Gopal Vyas