SC stays HC order to quash LDF govt’s citizens response programme in Kerala

In a relief to the LDF government, the Supreme Court on Tuesday stayed the Kerala High Court decision which set aside an order authorising Rs 20 crore for the Nava Kerala Citizen Response Programme. Paving way for the continuation for the scheme, a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi issued notices to the respondents, including the petitioners before the high court, while taking note of the appeal of the state government. The state government, represented by senior advocate Kapil Sibal, said that ''not a paisa'' has been paid to CPI(M) workers in the state. The CJI said that prima facie, there was nothing wrong if the state government takes help of government employees in ascertaining the impact of welfare schemes at the ground. The counsel for the respondents alleged that the government is taking help of its employees and the party workers to do the public relation exercises ahead of elections. On February 17, the high court set aside a government order authorising Rs 20 crore for the Nava Kerala Citizen Response Programme, terming it a ''colourable exercise of executive power'' and a violation of the Rules of Business. The high court bench headed by Chief Justice Soumen Sen had expressed concern that budgetary allocations to departments were ''not being scrupulously adhered to'' and that even rules voluntarily framed to enforce fiscal discipline ''were being given a go-by with alacrity''. The court also noted that there was no explanation as to how a letter was issued by CPI(M) state secretary M V Govindan, calling upon party affiliates to participate in the programme and register on the social volunteer force portal, well before the Cabinet decision and government order authorising the initiative. The observations came while allowing separate pleas filed by Mubas M H, a Kochi resident, and Kerala Students Union (KSU) state president Aloshious Xavier, challenging the programme and the allocation of funds. The petitioners contended that the government was ''misusing public funds for the personal and political gain of the ruling party or front''. Allowing the pleas, the high court noted that the programme had not been undertaken earlier and was launched close to the declaration of Assembly elections. It held that the order authorising the utilisation of Rs 20 crore by the Information and Public Relations Department was ''inherently flawed and unsustainable due to evident violations of the Rules of Allocation of Business and the concomitant budget allocation''.