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The Kerala High Court has stayed the operation of the direction issued by the State Election Commission that halted special distribution of rice to non-priority ration card holders.
Justice P.V Asha said, “In these circumstances, I am of the view that Ext.P7 order requires interference. Accordingly, there shall be a stay of Ext.P7 order to the extent it relates to item No.17.”
The decision of special distribution was taken on February 4, 2021, before the election notification, and that the auctions for rice from Food Corporation of India have already been carried out for Rs. 83.34 crores. As the payment has to be made before March 30, 2021, it is not practical for the State Government to approach the Election Commission with a fresh proposal seeking sanction in this regard, the High Court opined.
Justice Asha also ordered that the distribution should be strictly in accordance with the Model Code of Conduct (MCC) without creating any impression that the welfare measure is taken by the party in power to influence and manipulate the voters.
The order read, “The petitioner shall see that all ostentatious functions relating to the same should be strictly avoided and no impression should be given or allowed to be created that such welfare measures or relief and rehabilitation works are being undertaken by the Government in office so as to influence the electors in favour of the party in power.”
The Election Commission had stopped the special rice distribution based on a complaint made by the Opposition that it would amount to violation of the model code ahead of the assembly polls scheduled on April 6. This was challenged by Kerala through a writ petition, praying for a stay.
According to LiveLaw, the Additional Advocate General, Ranjith Thampan submitted that the special rice distribution was intended for the Easter-Vishu-Ramzan festive seasons, and the decision regarding this was taken on February 4, 2021, much before the election dates were announced by the Election Commission on February 26. He argued that similar special distribution through ration kits was done during the Onam festival in August last year.
Further, AAG Thampan informed the Bench that auction of lifted rice from various depots of the Food Corporation of India (FCI) has already been conducted for Rs 83.34 crores for the special distribution drive.
LiveLaw quoted the AAG arguing, “The model code of conduct does not apply to implementation of ongoing programmes, it is not as if the government took a decision after the election was announced. Nobody knew the election would be announced to be held on April 6, elections are usually in May!”
Advocate Deepu Lal Mohan, representing Election Commission, submitted that the decision was taken to ensure that the ruling party was not violating the MCC in the run up to the elections.
He reportedly stated, “The purpose of the model code of conduct is to ensure a level playing field for all the political parties and prevent an undue advantage for the party in power. Announcement of a distribution scheme provides an advantage to the party in power.”
The order may be read here:
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