The Supreme Court on Tuesday stayed the Kerala High Court’s order that restrained the state government from launching the Nava Kerala Citizen Response Programme, Bar and Bench reported. The programme aimed to collect feedback from households on welfare measures through committees and volunteers.
On February 17, the High Court said that the state government cannot use public funds and machinery for a large-scale household survey that resembles a political campaign ahead of the Assembly elections.
The Kerala Assembly elections are expected to be held in April or May.
On Tuesday, the Supreme Court passed the interim order on the state government’s special leave petition challenging the High Court’s order, Live Law reported.
The bench of Chief Justice Surya Kant and Justice Joymalya Bagchi, however, asked the state government to submit a report about the expenditure incurred for the survey at an appropriate time.
During the hearing, the bench questioned why the state should be restrained from getting feedback from citizens, Bar and Bench reported.
“What is wrong with a project or scheme,” the court was quoted as saying. “Why cannot the state go and find out [the] effect of scheme and see how it can be improved?”
In its order, the High Court had said that the Rs 20 crore allocated for the survey from the public exchequer had been sanctioned without financial approval or budgetary clearance.
While the state government is not barred from undertaking welfare measures or conducting surveys related to schemes, any expenditure incurred “must have a financial sanction and pass muster with the financial rules”, the bench said.
The verdict came on two public interest litigation petitions filed by district panchayat member Mubas MH and Kerala Students Union president Aloshious Xavier, challenging the programme.
The petitions claimed that the Communist Party of India (Marxist)-led Left Democratic Front government was misusing public funds to conduct the programme ahead of the Assembly elections.
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