In a relief to the CPI(M)-led LDF in the run up to the April 13 Kerala Assembly polls, the High Court on Monday set aside the Election Commission order restraining it from extending the scheme to distribute rice at `2 per kg to fresh beneficiaries, holding it as “wholly arbitrary”.
The EC decision to defer the implementation of the government decision was “unnconnected” with purposes sought to be achieved by the Commission for securing a level-playing field for all political parties, a division bench ruled.
The bench, comprising Chief Justice J. Chelemeswar and Justice P.R. Ramachandra Menon, which passed a 28-page order, allowed a petition filed by Rajaji Mathew, a CPI MLA, challenging the EC decision.
“We are of the opinion that such a decision interdicts the decision of the state which is within the jurisdiction and authority of the state as conferred by the constitution,” the court said.
“The activity of the state was combining the official activity the state i.e., the implementation of its policy. There is no political propaganda in it,” the bench said.
The EC had submitted it was not against providing rice at `2 per kg to BPL-APL families but had only restrained the identification of fresh beneficiaries and extending the scheme to the beneficiaries who were yet to be identified.
“What has been restrained is the actual identification of new beneficiaries. Hasty processing and identification of beneficiaries on the basis of the government order issued just a few days before the April 13 assembly elections has given room for several complaints,” the Commission had argued.
The Commission had told the court that its objection was to the implementation of the modification in criteria on the eve of the election and the selection of fresh beneficieries under the scheme after the polls were announced.
The EC also argued that the government’s decision disturbed the level-playing field among political parties as it influences the voters and gives the ruling party special political advantage while the model code of conduct was in force.