The Kerala High Court on Monday stayed the order of the Election Commission directing to defer distribution of subsidised rice to non-priority ration cardholders in the State.
Justice P.V. Asha issued the stay order on a petition moved by the State government challenging the order of the Commission.
The court also made it clear that that the distribution of rice should be made strictly in accordance with the clauses of the Model Code of Conduct which required the government to avoid all ostentatious functions and not to create an impression that such welfare measures were being undertaken to influence the electors in favour of the party in power.
Govt. stand
The State government submitted that the Model Code of Conduct did not apply to the ongoing programmes. The decision regarding the special distribution of rice was taken on February 4, much before the issue of the election notification.
The decision to give additional rice of 10 kg at of ₹15 per kg to 50 lakh families who hold blue and white ration cards was based on the budgetary allocation. It was ordered to be provided in March and April in view of the forthcoming Vishnu-Easter-Ramadan festive season.
The government pointed out that it had successfully obtained an auction acceptance offer for rice worth ₹84 crores from the the Food Corporation of India (FCI). If the auctioned lot was not lifted by that date, the rice would be re-appropriated by the FCI, and the State would have to participate in fresh auction, which might entail an additional burden on the the government.
The EC's directive to defer the distribution till the election was over would adversely affect at least 50 lakh families, thereby impinging on the fundamental right guaranteed to them under Article 21 of the Constitution.
Need of the hour
In fact, a social welfare measure such as distribution of rice was the need of the hour in this pandemic situation in view of the fast approaching Vishu – Easter and Ramadan festival seasons. If all the Election Commission was worried about the opposition from some political party, it is also trite that such political opposition alone was not a material factor, the government added.
The Election Commission’s counsel submitted that the order directing to defer the distribution of rice was based on a decision of a screening committee consisting of the Chief Secretary and other secretaries constituted to streamline the grant of permissions in view of the Model Code of Conduct.
The purpose of such a committee was to expedite the grant of permission in the light of the code of conduct. The proposal of the government placed before the committee did not disclose that the distribution was being undertaken as part of its earlier decision taken prior to the announcement of the polls.
