Deprecating the practice of proxy representation ('Sarpanch Pati' phenomenon), which is the unconstitutional practice of husbands and other male relatives of elected women Sarpanches exercising authority on their behalf, the National Human Rights Commission (NHRC) has issued conditional summons to 32 States, including the Union Territories.

The Commission, in its letter to the Ministry of Panchayati Raj as well as various Urban Local Bodies Departments, mentioned the rising concerns regarding the persistent violations of constitutional mandates and human rights in the functioning of Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs), particularly in constituencies reserved for women. The complaint referred to the directions of the Supreme Court in Mundona Rural Development Foundation v. Union of India (Writ Petition (Civil) No. 615/2023), wherein the unlawful practice of ‘Sarpanch Pati’ was categorically deprecated.

The Bench of the National Human Rights Commission, presided by Priyank Kanoongo, on September 9, 2025, took cognisance under Section 12 of the Protection of Human Rights Act, 1993, in the matter for the protection of human rights of the people and their Right to the dignity of women. The Commission directed its Registry to issue Notices to the Principal Secretary, Department of Urban Local Bodies and the Principal Secretary, Department of Panchayati Raj (States & UTs) to submit a response on such practice of proxy representation. Several cities, including Andhra Pradesh, Bihar, Odisha, and Uttarakhand, had submitted their responses. However, the Commission did not receive the action taken report nor any response from the remaining 32 states/UT.

The Commission took note of the allegations that the elected women representatives are often reduced to nominal or symbolic heads, while actual administrative and decision-making powers are exercised by their male relatives, who unofficially exercise the powers of the office. The complaint also raised the issue of the informal appointment of relatives of elected women representatives as their own liaison persons or representatives by Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs), in Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs), allegedly resulting in undue interference with the functioning of constitutionally mandated local self-governance bodies. The complaint also emphasised the need for essential provisions to curb these unconstitutional practices, including the extension of the applicability of such provisions to Urban Local Bodies (ULBs), and the express prohibition on the appointment of male relatives of women representatives as liaison persons or representatives.

Recalling the 73rd Constitutional Amendment which introduced a three-tier Panchayati Raj system and mandated not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level to be reserved for women, the Commission wrote, “The prevailing practice of proxy representation, whether through male relatives of elected women or through self-appointed liaison personnel undermines the legislative intent of such reservation and defeats the constitutional mandate.”

“Further, such practices violate the fundamental rights guaranteed under Articles 14, 15(3), and 21 of the Constitution of India, Right to equality, non-discrimination, and the Right to dignity and life, respectively. They also compromise the democratic mandate and constitutional integrity of the Panchayati Raj system and urban local bodies (ULBs)”, the letter read.

The Commission also mentioned, “Additionally, these actions may amount to criminal misconduct under the relevant provisions of the Bhartiya Nyaya Sanhita, 2023, including Sections 207, 223, and 316, which deal with impersonation of public servants, criminal breach of trust, and unlawful assumption of public functions.”

The Commission thus directed its Registry to issue Conditional Summons under Section 13 of the Protection of Human Rights Act, 1993, to the Principal Secretary, Department of Urban Local Bodies and Principal Secretary, Department of Panchayati Raj, of Arunachal Pradesh, Assam, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Keral, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, West Bengal, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Delhi (National Capital Territory), Jammu and Kashmir, Ladakh, Lakshadweep and Puducherry.

“The above mentioned authorities are directed to appear before the Commission on 30.12.2025 at 11:00 AM with requisite Action Taken Report, should however, if the requisite reports received in the Commission one week prior to the scheduled date (by 22.12.2025) then personal appearance of the above mentioned authorities, shall be dispensed with. However, if the above mentioned authorities fail to comply with the order of the Commission without lawful excuse; the above mentioned authorities will be subject to the consequences of non-attendance laid down in Rule 10 and Rule 12 of order XVI of Civil Procedure Code, 1908, including issuance of warrant”, the Commission ordered.

National Human Rights Commission

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.