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LATEST NEWS UPDATES | Supreme Court stays Kerala rice scheme order by J Venkatesan

Supreme Court stays Kerala rice scheme order by J Venkatesan

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published Published on Mar 30, 2011   modified Modified on Mar 30, 2011
The Govt. had extended Rs.2-a-kg rice to all ration card holders

The Supreme Court on Wednesday stayed implementation of the Kerala Government's February 25 order extending its subsidised rice distribution scheme (at Rs.2 a kg) to all ration card holders in the State so as to benefit 40 lakh people.

A Bench of Justice Altamas Kabir and Justice Cyriac Joseph rejected the State's submission that the extended scheme was now being implemented, that 75 per cent of the population had already availed themselves of the benefit and that suspending it would result in hardship to the people.

The Bench, after hearing senior counsel Ashok Desai for the Election Commission, senior counsel L.N. Rao for the State and counsel Deepak Prakash for Rajaji Mathew Thomas, MLA, stayed the Kerala High Court judgment allowing implementation of the extended scheme.

The Bench said that at this stage it was inclined to agree with the contention of Mr. Desai that what was intended under the model code of conduct was that no action should be taken by the party in power in close proximity with the date of announcement of elections so as to disturb the level-playing field or to derive any benefit.

The Bench said that although administrative sanction for extension of the scheme to new sections was issued prior to the announcement of the elections, its implementation could not have been possible prior to the announcement of the polls on account of various procedures involved. It said the State counsel had admitted that the extended scheme was being implemented only since March 21 after the High Court judgment. The Bench issued notice to the State on the Commission's special leave petition against the impugned judgment to examine the larger issues involved.

The High Court had held that the Commission's interference was wholly arbitrary and unconnected with the purpose sought to be achieved for securing a level-playing field to all political parties contesting the election.

Assailing the High Court order, Mr. Desai argued that the objective of the Commission in issuing the directive was to ensure that the ruling party did not gain an unfair advantage in an election. He pointed out that some of the District Collectors had raised doubts whether the scheme could be implemented or not and sought the advice of the Chief Electoral Officer, who directed the State to put off the implementation till the completion of the poll process.

The Hindu, 31 March, 2011, http://www.hindu.com/2011/03/31/stories/2011033157670700.htm


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