Court finds programme expenditure without legislative sanction and improper departmental allocation, orders suspension of further proceedings.
In a significant judgment, the Kerala High Court has set aside the allocation of Rs. 20 Crores for the "Nava Keralam Programme," deeming the expenditure unauthorized and in violation of established fiscal norms. The decision was delivered by a division bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M., addressing two Public Interest Litigations (PILs) that challenged the programme as a political campaign under the guise of government development initiative.
The programme, which was allocated under the "Special PR Campaign" head to the Information and Public Relations Department, was found to be contrary to the Rules of Business. The court observed that the objectives of the programme, which included data collection and welfare measures, were within the purview of the Planning and Economic Affairs Department or the Programme Implementation, Evaluation and Monitoring Department, not the Information and Public Relations Department.
Petitioners Mubas M.H. and others argued that the programme was a political maneuver by the ruling party to utilize public funds for electoral gains ahead of the 2026 Legislative Assembly Elections. They contended that the programme was implemented using a volunteer portal initially created for disaster management, now repurposed without proper publicity or inclusion, allegedly favoring party cadres.
The court underscored the necessity for legislative sanction for budgetary allocations, noting the expenditure exceeded the budget without prior legislative approval, violating Articles 204 and 205 of the Constitution. It emphasized that compliance with the Rules of Business is mandatory, especially when public funds are involved, and post facto justifications cannot rectify these violations.
The judgment also criticized the lack of transparency in volunteer enlistment and highlighted concerns of selective information dissemination, which could imply ulterior motives. The court acknowledged its reluctance to interfere in government policy but stated that evident violations of fiscal rules and procedural requirements warranted judicial intervention.
Consequently, the court ordered the suspension of all steps and proceedings related to the "Nava Keralam Programme" and set aside the impugned orders authorizing the expenditure. The decision underscores the judiciary's role in ensuring fiscal discipline and transparency in government spending, particularly in the context of alleged misuse of public funds for political purposes.
Bottom Line:
Public Interest Litigation (PIL) - Government programme implementation and fund allocation - Expenditure of public funds for a programme under the "Special PR Campaign" head without adherence to the Rules of Business and Constitutional mandates held unsustainable.
Statutory provision(s): Article 166(3), Article 203, Article 204, Article 205 of the Constitution of India, Rules of Business of Government of Kerala, Kerala Budget Manual.
Mubas M.H. v. State Of Kerala, (Kerala)(DB) : Law Finder Doc id # 2854070
